[History: Tribal Resolution #21-29.3368, enacted by Tribal Council in Regular Session on September 9, 2021; as amended by Tribal Resolution #23-41.3523, enacted by Tribal Council in Regular Session on February 15, 2023; as amended by Tribal Resolution #23-41.3534, enacted by Tribal Council in Regular Session on March 15, 2023.]
In this ordinance, except where otherwise specifically provided, or the context otherwise requires, the following terms and expressions shall have the following meanings:
(a) 
"Act" or "the Act" means the Michigan Regulation and Taxation of Marijuana Act, MCL §§ 333.27951 et seq.
(b) 
"Adult" means a person over the age of 21 years.
(c) 
"Applicant" means the EDC acting in its Section 17 capacity under the Indian Reorganization Act or a limited liability company established by a Tribal entity under the Tribal LLC Code, a term that is defined therein.
(d) 
"Band" means the Grand Traverse Band of Ottawa and Chippewa Indians.
(e) 
"Council" or "Tribal Council" means the 25 U.S.C. § 5123 (§ 16 of the Indian Reorganization Act) governing body of the Grand Traverse Band of Ottawa and Chippewa Indians.
(f) 
"Commission" means the Grand Traverse Band Marijuana Regulatory Commission.
(g) 
"Tribal Constitution" means the Constitution of the Grand Traverse Band as amended.
(h) 
"Consultant" means a business entity contracting with the Band or an entity of the Band to provide management-level services related to the cultivation, processing, distribution, sale, or other services related to the commercialization of marijuana.
(i) 
"Economic Development Corporation" means the federally chartered corporation under 25 U.S.C. § 5124 (§ 17 of the Indian Reorganization Act) codified at 15 GTBC, Chapter 2.
(j) 
"Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marijuana plant by manual or mechanical means.
(k) 
"Edible marijuana product" means any marijuana infused product-containing marijuana that is intended for human consumption in a manner other than smoke inhalation.
(l) 
"Employee" means an employee of a licensee.
(m) 
"Jurisdiction" or "Band's jurisdiction" means the Band's "territory" as defined by Article I Section I of the Tribal Constitution and any land presently established as Indian Country under federal law or future case law or federal statute establishment of Indian Country.
(n) 
"Licensee" means any Tribal entity, employee, vendor, or consultant holding a license issued by the Commission.
(o) 
"Marijuana" means all parts of the plant of the genus marijuana, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marijuana concentrate and marijuana-infused products. For purposes of this act, marijuana does not include:
(1) 
The mature stalks of the plant, fiber produced from the stalks, oil, or cake, made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) 
Industrial hemp, as defined in 7 U.S.C. § 5490(a)(2); or
(3) 
Any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
(p) 
"Marijuana Activity" means the growth, processing, distribution, sale, or other act related to marijuana authorized by this ordinance.
(q) 
"Marijuana Concentrate" means the resin extracted from any part of the plant of the genus marijuana.
(r) 
"Marijuana Establishment" means any tribal establishment created by a licensee for the purposes of engaging in marijuana activity that is permitted by this ordinance.
(s) 
"Marijuana grower" means a person or tribal entity licensed to cultivate marijuana and sell or otherwise transfer marijuana from a tribal establishment to another marijuana establishment within "Indian Country" (as defined by 18 U.S.C. 1151) or specifically licensed to sell outside Indian Country to a State of Michigan licensed marijuana establishment.
(t) 
"Marijuana-infused Product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marijuana and other ingredients and that is intended for human consumption.
(u) 
"Marijuana license" means a license issued by the Commission to a qualified Tribal entity, employee, vendor, or consultant authorizing such persons and entities to engage in commercial marijuana activity within the Band's jurisdiction.
(v) 
"Marijuana processor" means a person or tribal entity licensed to obtain marijuana from marijuana establishments; process and package marijuana; and sell or otherwise transfer marijuana or marijuana product to marijuana establishments within Indian Country or specifically licensed to sell outside Indian Country to a State of Michigan licensed marijuana establishment.
(w) 
"Marijuana retailer" means a person or Tribal entity licensed to obtain marijuana from marijuana establishments and to sell or otherwise transfer marijuana to marijuana establishments and to individuals who are 21 years of age or older.
(x) 
"Marijuana Safety Compliance Facility" means a facility authorized by the Commission to test marijuana and marijuana products to ensure safety for distribution and use as well as compliance with this ordinance and any rules, regulations or procedures promulgated by the Commission.
(y) 
"Ordinance" means this ordinance, the Grand Traverse Band Marijuana Ordinance, as now or hereafter amended.
(z) 
"Process" or "Processing" means to separate or otherwise prepare parts of the marijuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marijuana concentrate or marijuana-infused products.
(aa) 
"Record" means books, ledgers, documents, writings, photocopies, correspondence, electronic records, videotapes, surveillance footage, electronic storage media, electronically stored records, money receptacles, equipment in which records are stored, including data or information in tracking system described in § 1039 of this ordinance, or any other document that is used for recording information.
(bb) 
"Tribal entity" means a wholly owned economic development entity of the Grand Traverse Band or any entity wholly owned by such entity.
(cc) 
"Tribal Judiciary" means the Grand Traverse Band Tribal Court.
(dd) 
"Vendor" means a person or entity providing goods or services that are less than management-level services related to the cultivation, processing, distribution, sale, or other services related to the commercialization of marijuana.