[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.]
(a) Pursuant to Article IV, Section 1(c)(h) and (m) of the Constitution,
the Band hereby charters, creates and establishes the Grand Traverse
Band Marijuana Regulatory Commission ("The Commission") as a subordinate
organization of the Band and delegates to it control authorities,
powers, and duties to act as the primary regulator of commercial marijuana
activity within the Band's jurisdiction. The Commission shall
have three members consisting of at least two tribal members and a
non-member provided that the non-member offers unique skills, experience
to the Commission.
(b) The Commission shall be operated within the EDC structure of 25 U.S.C.
§ 5124 as an independent Commission for the regulation of
tribal marijuana activities as authorized by this statute.
(c) The Commission is a resident of, and will maintain its principal
place of business, on the Reservation of the Band in Peshawbestown,
Michigan. The Commission may conduct business under this ordinance
at any location within the six-county service area that it deems to
be in the best interests of the Band.
(d) As a subordinate organization, the Commission enjoys the same attributes
of sovereignty as the EDC, 25 U.S.C § 5124, including, but
not limited to, sovereign immunity from suit and liability in any
jurisdiction, court, or venue.
(e) The power of appointment and removal to the Commission shall be exercised
by the Tribal Council. Appointment and removal or Commission members
shall only be done by the full seven-member Tribal Council by majority
vote of at least 4 council members voting for appointment or removal.
The standard of removal is at the discretion of the Council.
(f) The Commission shall follow the provisions of Title 1, Chapter
2, Committee Procedures and Title 2, Tribal Administration, Chapter
5, GTB Open Access to Meetings Act.
[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.]
(a) The Commission shall have the following powers to administer and
enforce the laws of the Band relating to commercial marijuana activity:
(1) Make such rules and regulations and establish such services as it
deems necessary to carry out the provisions and purposes of this ordinance,
subject to the approval of the Tribal- EDC, 25 U.S.C. § 5124.
(2) Recommend to the Tribal EDC, U.S.C. § 5124, policies for
marijuana regulation and licensing.
(3) Issue licenses to and register those individuals or entities that
shall be subject to the provisions of this ordinance.
(4) Conduct audits of the marijuana establishments created under this
ordinance and make reasonable requests for any financial or other
information from the marijuana establishments that are necessary to
ensure compliance with this ordinance and any rules and regulations
promulgated by the Commission.
(5) Direct the investigation of any reported violations of this ordinance.
(6) Make or cause to be made reasonable inspections or investigations
of licensees and related individuals or entities, as the Commission
deems necessary to ensure compliance with this ordinance. In undertaking
such investigations, the Commission may request the assistance of
licensees, federal, state and local law enforcement officials, legal
counsel, and other appropriate third parties.
(7) Be responsible for the enforcement of this ordinance, including setting
fines and imposing other penalties deemed appropriate for failure
to comply with the provisions of this ordinance and any rules and
regulations promulgated by the Commission.
(8) To exercise the Tribal power to tax authorized by the Constitution
Article IV Section 1 (i) in accordance with a specific Tribal Council
resolution delegating the scope, nature, process of such taxing power
to the Commission and in accordance with this ordinance and other
applicable law.
(9) Adopt a schedule of fees to be charged for licenses and background
investigations, subject to the approval of Tribal EDC by motion of
the EDC, and pursuant to the Tribal power to "levy and collect taxed,
license fees, or assessment upon persons, entities, property or activities
subject to the jurisdiction of the Band where not prohibited by federal
law." Article IV Section 1 (i). Additionally, the Executive Director
may waive a fee, upon a finding that such waiver of fees is in the
best interest of the Band.
(10)
Exercise any additional powers and duties as delegated by Tribal
Council to the Commission to fully carry out the provisions of this
ordinance and any rules and regulations promulgated by the Commission.
(b) The Commission shall not regulate the Band or any entities of the
Band outside of marijuana activity.
(c) All policies, procedures, and regulations of the Commission, whether
new or amended, are not valid until approved by motion of the Tribal
Council.
[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.]
(a) The Tribal EDC shall hire an Executive Director of the Commission
of Marijuana Regulation, who shall be the chief administrative officer
of the Commission. The Executive Director shall be at least 21 years
of age and shall be selected on the basis of administrative ability,
background in regulatory activity or law enforcement, and general
knowledge of commercial marijuana activities and business principles.
(b) Prior to hiring, the Tribal EDC shall perform a background check
on the Executive Director. No person shall be appointed Executive
Director if:
(1) His or her prior activities, criminal record, if any, or reputation,
habits or associations:
(A)
Pose a threat to public interest; or
(B)
Threaten the effective regulation and control of marijuana within
the Band's jurisdiction; or
(C)
Enhance the dangers of unsuitable, unfair, or illegal practices,
methods, or activities in the regulation of marijuana within the Band's
jurisdiction;
(2) He or she has been convicted of or entered a plea of nolo contendere
to a felony involving a controlled substance; or
(3) He or she has been convicted of or entered a plea of nolo contendere
to a felony or to a misdemeanor involving dishonesty or moral turpitude
in any jurisdiction.
[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.]
(a) The Executive Director shall have the authority to hire and manage
a reasonable staff as required to carry out the powers and duties
of the Commission.
(b) In addition to any other powers and duties set forth in this ordinance,
the Executive Director shall supervise and control all activities,
functions, and employees of the Commission and shall oversee the enforcement
of the provisions of this ordinance, including any rules and regulations
promulgated by the Commission.
(c) Upon prior resolution and approval of the Tribal- EDC, the Executive
Director may employ such advisors as the Executive Director may deem
necessary. Advisors may include, but are not limited to, lawyers,
accountants, law enforcement specialists and marijuana professionals.
(d) The Commission shall provide a quarterly report to the Tribal EDC
and Tribal Council summarizing Commission reports and financials,
investigative reports and reports received from all marijuana retail
establishments within the Band's jurisdiction as it deems necessary
to keep the Tribal EDC and Tribal Council fully informed as to the
status of the Commission's activities.
[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.]
The Commission shall have only those assets specifically assigned
to it by the Tribal Council or acquired in its name by the Band or
by it on its own behalf. No activity of the Commission or any indebtedness
incurred by it shall implicate or in any way involve any credit or
assets of tribal members or the Band not assigned in writing to the
Commission.