[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) 
All marijuana product sold by a licensee at a Marijuana Retail establishment must, at a minimum, meet the following packaging requirements:
(1) 
The product must be in a sealed package;
(2) 
The product must be clearly labeled with the following information:
(A) 
The name and license number of the licensee;
(B) 
Net weight in United States customary and metric units;
(C) 
Concentration of THC and CBD;
(D) 
Activation time expressed in words or through a pictogram;
(E) 
Batch number, identification tag, or label as is used to identify the product in the tracking system described in § 1039 of this ordinance;
(F) 
Name of the marijuana safety compliance facility that performed any test, any associated test batch number, and any test analysis date. The universal symbol for marijuana product published as provided by the Commission; and
(G) 
Any other information required by the Commission.
(3) 
The product must be clearly labeled with a warning that states all the following:
(A) 
"For use by individuals 21 years of age or older only. Keep out of reach of children."
(B) 
"It is illegal to drive a motor vehicle while under the influence of marijuana."
(C) 
"National Poison Control Center 1-800-222-1222."
(b) 
All marijuana edible product packaging shall comply with the following:
(1) 
No edible marijuana product package can be in a shape or labeled in a manner that would appeal to minors aged 17 years or younger. No edible marijuana product can be associated with or have cartoons, caricatures, toys, designs, shapes, labels, or packaging that would appeal to minors.
(2) 
No edible marijuana product can be easily confused with commercially sold candy. The use of the word candy or candies on the packaging or labeling is prohibited. No edible marijuana product can be in the distinct shape of a human, animal, or fruit or a shape that bears the likeness or contains characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings. Edible marijuana products that are geometric shapes and simply fruit flavored are permissible.
(3) 
An edible marijuana product must be in opaque, child-resistant packages or containers that have a child-resistant effectiveness level of not less than 85% as determined by applicable consumer products safety standards.
(4) 
An edible marijuana product containing more than one serving must be in a resealable package or container that have a child-resistant effectiveness level of not less than 85% as determined by applicable consumer products safety standards.
(c) 
No marijuana processor may process, and no marijuana retailer may sell edible marijuana-infused candy in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marijuana.
(d) 
No marijuana establishment may sell or otherwise transfer tobacco.
[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 licensee shall not sell or transfer products that exceed the maximum THC concentration level established by the Commission. The Commission shall publish a list of maximum THC concentration and serving size limits for all marijuana products.
[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) 
A marijuana retailer may sell or transfer a marijuana product to an individual 21 years of age or older if all of the following are met:
(1) 
The licensee confirms that the customer presented his or her valid driver's license or government-issued identification card that bears a photographic image and he or she is 21 years of age or older.
(2) 
The licensee determines, if completed, any transfer or sale will not exceed the purchasing limit prescribed in Subsection (d) of this section.
(3) 
The marijuana product to be sold or transferred under this ordinance has been tested, labeled, and packaged in accordance with this ordinance.
(b) 
A licensee shall enter all transactions, current inventory, and other information required by this ordinance in the tracking system described in § 1039. The licensee shall maintain appropriate records of all sales or transfers under this ordinance and make them available to the Commission upon request.
(c) 
A licensee is not required to retain information from customers other than the following:
(1) 
Payment method;
(2) 
Amount of payment;
(3) 
Time of sale;
(4) 
Product quantity; and
(5) 
Other product descriptions.
(d) 
A licensee must ensure that all sales and transfers to an individual 21 years of age or older do not exceed 2.5 ounces of marijuana or 15 grams of marijuana concentrate in a single transaction.