This chapter shall be known as the “Port Gamble S’Klallam Tribe Commercial Marijuana Activity Ordinance.”
(Res. 17-A-058, 4/24/2017)
[1]
Note: After serious deliberation, the Port Gamble S’Klallam Tribe has determined that present day circumstances, including the Washington State’s legalization of marijuana, make a complete ban of marijuana within Tribal Lands ineffective and unrealistic. This chapter was created to regulate legal commercial marijuana activity by the Tribe and any tribally owned entity.
As used in this chapter, the following words and phrases shall each have the designated meaning unless a different meaning is expressly provided or the context is clearly indicated.
(a) 
“Commercial Marijuana Activity”
means all planting, growing, producing, cultivating, processing, and selling marijuana, marijuana concentrates, marijuana-infused products, and useable marijuana within the jurisdiction of the Port Gamble S’Klallam Tribe and in accordance with the Tribe’s laws that govern medical and recreational marijuana.
(b) 
“Designated Provider”
shall have the same meaning as in RCW 69.51A.010.
(c) 
“Essential Government Services”
means services provided by the Tribe including, but not limited to, administration, public facilities, fire, police, health, education, elder care, social services, sewer, water, environmental and land use, transportation, utility services, community development, and economic development.
(d) 
“Manager”
means a person chosen or hired to manage, direct, or administer the every-day affairs of a business.
(e) 
“Marijuana,” “Marijuana Concentrates,” “Marijuana-Infused Products,” and “Useable Marijuana”
shall have the same meanings as in RCW 69.50.101 or any amendments thereto. Together, such terms shall be known as “Marijuana Products.”.
(g) 
“Qualifying Patient”
shall have the same meaning as in RCW 69.51A.010.
(h) 
“Recognition Card”
shall have the same meaning as in RCW 69.51A.010.
(i) 
“State”
means the State of Washington.
(j) 
“State Licensed”
means any entity licensed by the Washington State Liquor and Cannabis Board under RCW 69.50 or WAC 314-55, as amended.
(k) 
“Tribal Council”
means the Port Gamble S’Klallam Tribal Council.
(l) 
“Tribal Enterprise”
means any corporation or other business owned in whole or in part by the Tribe that is authorized to sell marijuana products under the Port Gamble S’Klallam Law and Order Code.
(m) 
“Tribal Member”
means an enrolled member of the Port Gamble S’Klallam Tribe.
(n) 
“Tribe”
means the Port Gamble S’Klallam Tribe.
(Res. 17-A-058, 4/24/2017)
(a) 
Historically, the production, possession, delivery, distribution, and sale of marijuana have been illegal across the United States and in Indian Country. In 2012, the voters of Washington State passed Initiative 502 (“I-502”) which sets forth a system allowing for the production, processing, and retail sale of Marijuana Products for recreational purposes within the State.
(b) 
After serious deliberation, the Tribe has determined that present day circumstances—including the State’s legalization of marijuana—make a complete ban of marijuana within Port Gamble S’Klallam Tribal Lands ineffective and unrealistic and the Tribe has decriminalized its sale and possession in very limited circumstances as set forth in Title 5 of the Tribe’s Law and Order Code.
(c) 
The Tribe also finds that, particularly considering the commercial marijuana activity occurring throughout the State, raising funds through the sale of marijuana in Tribal Lands is a useful economic development opportunity.
(d) 
The Tribe therefore enacts this chapter in an effort to strictly regulate and control the production, distribution, sale, and use of marijuana on Tribal Lands and to protect the health, safety, and general welfare of the Port Gamble S’Klallam Tribe and its visitors.
(Res. 17-A-058, 4/24/2017)
The Port Gamble S’Klallam Tribe and any tribal enterprise designated by the Tribe to engage in the marijuana business are the only persons or entities authorized to manufacture, process, package, deliver, distribute, or sell marijuana. Additionally, the Tribe and any tribal enterprise are the only persons or entities authorized to possess marijuana in quantities in excess of the quantities identified under Section 23.03.05 of this chapter, and in RCW 69.50.360(3). This authorization exists solely to the extent provided under Chapter 23.03 of the tribal code and under RCW 69.50.360.
The Tribe and/or its Tribal Enterprises may sell marijuana products within the jurisdiction of the Port Gamble S’Klallam Tribe under both the PGST Tribal Code and the Tribe’s Compact with the State of Washington. Tribal members and Tribal Member Businesses are prohibited from conducting retail sales of marijuana products.
(Res. 17-A-058, 4/24/2017)
The following acts, when performed by a tribal enterprise or by its employee in compliance with Tribal Law, shall not constitute criminal or civil offenses under Tribal law:
(a) 
Purchase and receipt of useable marijuana, marijuana concentrates, or marijuana-infused products that have been properly packaged and labeled from a tribal enterprise or a state-licensed producer or processor;
(b) 
Possession of useable marijuana, marijuana concentrates, or marijuana-infused products;
(c) 
Delivery, distribution, and sale of any combination of the following amounts of useable marijuana, marijuana concentrates, or marijuana-infused product to any person twenty-one (21) years of age or older:
(1) 
One ounce of usable marijuana;
(2) 
Sixteen (16) ounces of marijuana-infused product in solid form;
(3) 
Seventy-two (72) ounces of marijuana-infused product in liquid form; or
(4) 
Seven (7) grams of marijuana concentrates.
(d) 
Delivery, distribution, and sale of any combination of the following amounts of useable marijuana, marijuana concentrates, or marijuana-infused product to a qualifying patient or his or her designated provider, as those terms are defined under chapter 69.51A RCW, if the patient or provider is in possession of a valid authorization and recognition card, as defined under RCW 69.51A.010, and the patient is recorded in that database established under Section 21 of Chapter 70, Laws of 2015, Washington State (2SSB 5052):
(1) 
Forty-eight (48) ounces of marijuana-infused product in solid form;
(2) 
Three (3) ounces of useable marijuana;
(3) 
Two hundred sixteen (216) ounces of marijuana-infused product in liquid form; or
(4) 
Twenty-one (21) grams of marijuana concentrates.
(e) 
Producing, processing, packaging, and labeling marijuana, usable marijuana, and marijuana-infused products; and
(f) 
Delivery, distribution, and sale of useable marijuana or marijuana-infused products to an enterprise of the Tribe or to state licensed producers, processors, or retailers.
(Res. 17-A-058, 4/24/2017)
Any tribal enterprise of the Port Gamble S’Klallam Tribe shall employ reasonable and effective inventory methods that allow marijuana to be tracked from seed to sale.
All tribal enterprises of the Port Gamble S’Klallam Tribe will input all Marijuana Products purchased from State Licensees into the State’s tracking system within 24 hours of delivery.
(Res. 17-A-058, 4/24/2017)
All enterprises of the Port Gamble S’Klallam Tribe engaged in the production or processing of marijuana shall employ third party laboratories to conduct quality assurance tests consistent with those specified under WAC 314-55-102 or successor regulations.
(Res. 17-A-058, 4/24/2017)
All enterprises of the Port Gamble S’Klallam Tribe shall employ reasonable and effective security procedures and systems that safeguard marijuana from theft and diversion, including marijuana intended for destruction as waste.
(Res. 17-A-058, 4/24/2017)
Marijuana products may not be sold or advertised within, on, or within one thousand (1,000) feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or a skate park or within one hundred (100) feet of a public or private youth center, public swimming pool, or video arcade facility, or a church building or other building designated as a place of worship.
For the purposes of this section:
(a) 
"Playground"
means any outdoor facility (including any parking lot next to the playground) that is intended for recreation purposes, that is open to the public, and that has at least 2 separate structures that are intended for the recreation of children including, but not limited to, sliding boards, swing-sets, and teeterboards.
(b) 
"Youth Center"
means any recreational facility and/or gymnasium (including any parking lot next to the center), that is intended primarily for use by persons under eighteen (18) years of age, which regularly provides athletic, civic, or cultural activities.
(c) 
"Video Arcade Facility"
means any facility, legally accessible to persons under eighteen (18) years of age, that is intended primarily for the use of pinball and video machines for amusement containing a minimum of ten (10) pinball and/or video machines.
(d) 
"Swimming Pool"
includes the pool area, any buildings, and any parking lot next to the pool building(s).
(Res. 17-A-058, 4/24/2017)
(1) 
Usable marijuana, marijuana concentrates, or marijuana-infused products sold within the jurisdiction of the Port Gamble S’Klallam Tribe may not contain any statement, or illustration that:
(a) 
Is false or misleading;
(b) 
Promotes consumption;
(c) 
Represents the use of marijuana as having curative or therapeutic effects;
(d) 
Depicts a child or other person under legal age consuming marijuana, or includes:
(1) 
Objects, such as toys, characters, or cartoon characters suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana; or
(2) 
Is designed in any manner that would be especially appealing to children or other persons under twenty-one (21) years of age.
(2) 
All advertising must contain the following warnings:
(a) 
“This product has intoxicating effects and may be habit forming";
(b) 
“Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug";
(c) 
“There may be health risks associated with consumption of this product"; and
(d) 
“For use only by adults twenty-one and older. Keep out of the reach of children."
(3) 
All advertising outside of the Port Gamble S’Klallam Tribe’s jurisdiction must comply with RCW 69.50 and WAC 314-55.
(Res. 17-A-058, 4/24/2017)
(a) 
Marijuana Products sold at retail must include accompanying material that contains the following warnings that state:
(1) 
“There may be health risks associated with consumption of this product";
(2) 
“Should not be used by women who are pregnant or breast feeding";
(3) 
“For use only by adults twenty-one and older. Keep out of reach of children";
(4) 
“Marijuana and products containing marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug"; and
(5) 
Statement that discloses all pesticides applied to the marijuana plants and growing medium during production and processing.
(b) 
In addition to the above warnings in subsection (a), usable marijuana sold at retail must also include accompanying material that contains the following warning that states: “Warning: This product has intoxicating effects and may be habit forming. Smoking is hazardous to your health.” In addition to the above warnings in subsection (a), marijuana concentrates and marijuana-infused products sold at retail must also include accompanying material that contains the following warnings that state:
(1) 
“This product is infused with marijuana or active compounds of marijuana";
(2) 
“Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours"; and
(3) 
Statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract.
(Res. 17-A-058, 4/24/2017)
(a) 
Labels affixed to the container or package containing Marijuana Products sold at retail must include:
(1) 
The business or trade name and Washington state unified business identifier number of the licensees that produced, processed, and sold the useable marijuana, or, if grown or processed within the Port Gamble S’Klallam Tribe’s jurisdiction by a tribal enterprise, a statement to that effect;
(2) 
Inventory ID number;
(3) 
Date manufactured or date of harvest;
(4) 
Warnings that state: "This product has intoxicating effects and may be habit forming"; and
(5) 
Statement that "This product may be unlawful in some jurisdictions" or a comparable statement.
(b) 
In addition to the above statements listed in subsection (a), labels affixed to the container or package containing useable marijuana sold at retail must include:
(1) 
Concentration of THC, THCA, CBD, including a total of active cannabinoids (potency profile); and
(2) 
Net weight in ounces and grams or volume as appropriate.
(c) 
In addition to the above statements listed in subsection (a), labels affixed to the container or package containing marijuana-infused products sold at retail must include:
(1) 
Best by date;
(2) 
For products meant to be eaten or swallowed, recommended serving size and the number of servings contained within the unit, including total milligrams of active tetrahydrocannabinol (THC), or Delta 9;
(3) 
Net weight in ounces and grams, or volume as appropriate;
(4) 
List of all ingredients and any allergens;
(5) 
Warning statement that "Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours"; and
(6) 
If a marijuana extract was added to the product, disclosure of the type of extraction process and any solvent, gas, or other chemical used in the extraction process, or any other compound added to the extract.
(d) 
In addition to the above statements listed in subsection (a), labels affixed to the container or package containing marijuana concentrates sold at retail must include:
(1) 
Best by date;
(2) 
Net weight in ounces and grams, or volume as appropriate;
(3) 
If a marijuana extract was added to the product, disclosure of the type of extraction process and any solvent, gas, or other chemical used in the extraction process, or any other compound added to the extract;
(4) 
Concentration of THC (total Delta 9 and Delta 9 THC-A) and CBD;
(Res. 17-A-058, 4/24/2017)
(a) 
Minors. Authorizes enterprises of the Port Gamble S’Klallam Tribe that engage in Commercial Marijuana Activity shall not employ any persons under 21 years of age. Additionally, no enterprise shall allow any person under 21 years of age to enter a tribal facility that is engaged in Commercial Marijuana Activity.
(b) 
Producing. Production facilities may be located indoors or outdoors, provided that they are fully secure, have physical barriers, and meet Tribal and State safety and security protocols.
(c) 
Food Handler’s Permit. All tribal employees who work in the manufacturing, production, packaging, processing, delivery, sale, and distribution of marijuana must obtain a Washington State Food Handler’s Permit before beginning employment.
(d) 
Packaging. All marijuana-infused products meant to be eaten, swallowed, or inhaled must be packaged in child-proof packaging.
(e) 
Records. Enterprises of the Port Gamble S’Klallam Tribe that engage in Commercial Marijuana Activity shall develop policies and procedures governing records to be maintained, security requirements, maximum quantities on premises, transport and delivery, and other matters related to the marijuana business.
(Res. 17-A-058, 4/24/2017)
Acceptable identification for proof of age includes: Driver’s license, ID card, or Instruction Permit issued by any U.S. state or Canadian province; Washington temporary driver’s license; Tribal enrollment card; passport from any nation; U.S. Military ID; or Merchant Marine card issued by U.S. Coast Guard.
The Tribe may conduct its own compliance checks in Tribal Land using minors ages 18, 19, or 20 through the Port Gamble S’Klallam Tribal Police Department or other authorized agency in accordance with Tribal regulations and policies. No criminal action may be taken against any minor who purchases marijuana as part of such a compliance check.
(Res. 17-A-058, 4/24/2017)
Port Gamble S’Klallam Tribal enterprises that engage in Commercial Marijuana Activity shall require any person employed as a manager by such an enterprise to undergo a background investigation before he or she begins employment. The board of directors, or other managing body of the enterprise, will be responsible for ensuring that a background investigation on the manager’s suitability is done. No such manager may have been convicted of, or entered a plea of guilty or no contest to, any of the following criminal offenses:
(1) 
Any felony in the proceeding 10 years; and
(2) 
Any crime involving dishonesty within the preceding ten (10) years, including, not exclusively: fraud; forgery; possession of a forgery device; theft; counterfeiting; embezzlement; making a false representation; obstruction of justice; intent to defraud; bribery; mail fraud; perjury; willful tax evasion; attempt, aiding and abetting a crime, or being an accessory, and/or involved in a conspiracy of a crime.
(Res. 17-A-058, 4/24/2017)
The Tribe shall indemnify any Tribal Council member, board member, manager, employee of the Tribe, or employee of a tribal enterprise, who is made party to a proceeding because of their role in Commercial Marijuana Activity against personal liability incurred in a proceeding if:
(a) 
The individual acted in his or her official capacity;
(b) 
The individual acted in good faith;
(c) 
The individual believed his or her conduct was in the best interests of the Tribe; and
(d) 
The individual acted in accordance with the laws, regulations, and policies of the Tribe and/or an enterprise of the Tribe.
(Res. 17-A-058, 4/24/2017)
(a) 
There shall be a Tribal marijuana tax levied on all Commercial Marijuana Activity. The Tribal marijuana tax shall be equal to 100 percent of the Washington State Tax.
(b) 
The Tribal marijuana tax shall be remitted to the Tribe on a quarterly basis.
(c) 
The Tribe will use the proceeds of such tax for essential government services.
(d) 
No other tax besides the Tribal marijuana tax may be imposed on Commercial Marijuana Activity.
(e) 
The Tribe may allow an exemption from the Tribal marijuana tax in the following circumstances:
(1) 
For sales on marijuana grown, produced, or processed within Tribal Lands;
(2) 
For sales to the Tribe, to an enterprise of the Tribe, or to Tribal Members where the sale occurs within the jurisdiction of the Tribe;
(3) 
For activities that would otherwise be exempt under state or federal law; and
(4) 
For medical marijuana products used in the course of medical treatments by a clinic, hospital, or similar facility owned and operated by the Tribe within the Tribe’s jurisdiction.
(Res. 17-A-058, 4/24/2017)