A. 
Only a Tribal Business and any wholesale distributor that obtains a license from the Department pursuant to this chapter is authorized to operate a Cannabis Business.
B. 
The application for a Cannabis Business License shall include the following information:
(1) 
The name, address, telephone number, and e-mail address of the person filing the application on behalf of the business, and proof that said person is authorized to make such application on behalf of the business.
(2) 
For a license regarding cultivation, manufacture, or distribution, proof that the business is a Tribal Business which shall include, but not be limited to:
(a) 
Certified copy of Tribal Ordinance chartering said business; and
(b) 
If the business is a limited liability company, limited partnership, or corporation wholly owned and controlled by a chartered business, the certified copy of the Tribal Ordinance creating the chartered business, and documents proving the existence of the wholly owned limited liability company, limited partnership, or corporation.
(3) 
If the Tribal Ordinance referenced in Subsection B(2) does not clearly specify that the business is authorized to conduct a Cannabis Business, then proof that the Tribal Legislature has authorized said business to conduct a Cannabis Business.
(4) 
List of the names of all persons who have management authority over the business and copies of Cannabis Business Employee License for all such persons, with the exception of any Director of a Tribal Business who is a member of the Tribal Legislature appointed to serve pursuant to the requirements of the charter created by ordinance.
(5) 
Whether the license applied for is for cultivation, processing, or distribution.
(6) 
Written operating procedures as required for a Cannabis Business by this chapter.
(7) 
Description of the physical premises where the Cannabis Business is to be conducted along with proof of ownership or control of said premises and compliance with all Tribal law including zoning laws.
(8) 
Any other information that the Department deems necessary as part of an application.
C. 
The Department shall approve a license if it determines that the business has complied with subsection B above.
D. 
Unless otherwise suspended or revoked a Cannabis Business License shall be in effect for one year from the date of issuance, and shall automatically renew for four successive one-year periods if the business pays the renewal fee pursuant to Subsection E below at least 30 days prior to the end of the current term.
E. 
Prior to the issuance or renewal of any Cannabis Business License, the Tribal Business shall pay the Department a fee of established by the Department by rule and approved by the Tribal Legislature.
F. 
If, after the issuance of a Cannabis Business License, the Department receives reliable information indicating that the licensee is in violation of this chapter, or of any Department regulation or directive, the Department may suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation.
G. 
The Department shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license.
H. 
After a revocation hearing, the Department shall decide to revoke or to reinstate a Cannabis Business License. The decision of the Department shall be final and not subject to judicial review.
I. 
The Cannabis Business License referred to in this subsection shall not include the processing of cannabis concentrates.
J. 
No Cannabis Business License shall be issued by the Department until the Department has promulgated all the Rules necessary to implement the provisions of this chapter 412, and such Rules have been approved by the Tribal Legislature.
A. 
Only a Tribal Business that obtains a license from the Department pursuant to this chapter is authorized to manufacture Cannabis Concentrates.
B. 
The application for a Cannabis Concentrates Business License shall include the following information:
(1) 
The name, address, telephone number, and e-mail address of the person filing the application on behalf of the business, and proof that said person is authorized to make such application on behalf of the business.
(2) 
Proof that the business is a Tribal Business which shall include, but not be limited to:
(a) 
Certified copy of Tribal Ordinance chartering said business; and
(b) 
If the business is a limited liability company, limited partnership, or corporation wholly owned and controlled by a chartered business, the certified copy of the Tribal Ordinance creating the Tribal Business, and the documents proving the existence of such an entity.
(3) 
If the Ordinance referenced in Subsection B(2) does not clearly specify that the business is authorized to conduct a Cannabis Concentrates Business, then proof that the Tribal Legislature has authorized said business to conduct a Cannabis Concentrates Business.
(4) 
List of the names of all persons who have management authority over the business and copies of Cannabis Business Employee License for all such persons, with the exception of any Director of a Tribal Business who is a member of the Tribal Legislature appointed to serve pursuant to the requirements of the charter created by ordinance.
(5) 
Whether the license applied for is for processing or distribution of cannabis concentrates.
(6) 
Written operating procedures as required for a Cannabis Concentrates Business by this chapter.
(7) 
Description of the physical premises where the Cannabis Concentrates Business is to be conducted along with proof of ownership or control of said premises and compliance with all Tribal law including zoning laws.
(8) 
Any other information that the Department deems necessary as part of an application.
C. 
The Department shall approve a license if it determines that the business has complied with Subsection B above.
D. 
Unless otherwise suspended or revoked a Cannabis Concentrates Business License shall be in effect for one year from the date of issuance, and shall automatically renew for four successive one-year periods if the business pays the renewal fee pursuant to Subsection E below at least 30 days prior to the end of the current term.
E. 
Prior to the issuance or renewal of any Cannabis Concentrates Business License, the Tribal Business shall pay the Department a fee established by the Department by rule and approved by the Tribal Legislature.
F. 
If, after the issuance of a Cannabis Concentrates Business License, the Department receives reliable information indicating that the licensee is in violation of this chapter, or of any Department regulation or directive, the Department may suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation.
G. 
The Department shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license.
H. 
After a revocation hearing, the Department shall decide to revoke or to reinstate a Cannabis Concentrates Business License. The decision of the Department shall be final and not subject to judicial review.
I. 
Within this chapter, for any purpose other than under this § 412-5, Cannabis Concentrates Business License, the term "Cannabis Business" shall include Cannabis Concentrates Business.
A. 
Only an entity that obtains a license from the Department pursuant to this chapter is authorized to operate as a Wholesale Distributor.
B. 
The application for a Wholesale Distributor License shall include the following information:
(1) 
The name, address, telephone number, and e-mail address of the person filing the application on behalf of the business, and proof that said person is authorized to make such application on behalf of the business.
(2) 
If the business is a limited liability company, limited partnership, or corporation, the documents proving the existence of such an entity.
(3) 
List of the names of all persons who have management authority over the business.
(4) 
Written operating procedures acceptable to the Department explaining delivery methods, name of Cannabis Business that will receive the Cannabis or Cannabis Product, and plans to ensure that no Cannabis or Cannabis Product is delivered to any person or entity except a Cannabis Business.
(5) 
Any other information that the Department deems necessary as part of an application.
C. 
A Wholesale Distributor shall ensure that any cannabis or cannabis product sold to a Cannabis Distribution Facility shall be tested and certified in accordance with any rule or regulation promulgated by the Department.
D. 
Any Wholesale Distributor shall comply with all rules and regulations promulgated by the Department.
A. 
Every employee of a Cannabis Business, except Legislators who are Directors of the Tribal Business appointed to serve pursuant to the requirements of the charter created by Ordinance, shall be required to obtain from the Regulatory Authority a Cannabis Business Employee License as a prerequisite to such employment.
B. 
The application for a Cannabis Business Employee License shall include the following information:
(1) 
The name, address, telephone number, email address, social security number and date of birth of the applicant;
(2) 
Proof that the applicant is at least 21 years of age.
(3) 
A current photograph of the applicant;
(4) 
Documentation establishing whether the applicant is subject to or discharged from felony convictions in five years preceding the application, and felony controlled substance convictions in the 10 years preceding their application date. For each conviction, the name and address of the court involved and the date and disposition. A conviction within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendere;
(5) 
Currently and for the previous five years: business and employment positions held, ownership interests in those businesses, business and residence addresses, and driver's license numbers;
(6) 
Written permission of the applicant authorizing the Regulatory Authority or its designee to seek verification of the information contained within the application;
(7) 
A statement in writing that the applicant pledges to not dispense or otherwise divert cannabis to any person or entity that is not allowed to lawfully possess cannabis;
(8) 
A statement in writing that the applicant certifies under penalty of perjury that all the information contained in the application is true and correct; and
(9) 
Any other information the Regulatory Authority deems relevant, including, but not limited to valid identification as determined by the Regulatory Authority.
C. 
No person may be employed in a Cannabis Business if that person has been convicted of, or entered a plea of guilty or no contest to, or has a pending unresolved charge of any of the following, unless the person has been pardoned:
(1) 
A felony, other than a felony conviction for an offense in the immediately preceding five years;
(2) 
An offense of any kind related to the possession with intent to sell or the sale or distribution of a drug in violation of any Tribal, State, or federal law in the immediately preceding 10 years;
(3) 
An offense of any kind involving violence in violation of any Tribal, State, or federal law in the immediately preceding two years;
(4) 
An offense of any kind involving theft, fraud, or misrepresentation in violation of any Tribal, State, or federal law in the immediately preceding two years.
D. 
The Cannabis Business Employee License that is issued to the applicant shall include the following printed statement and the application for the license shall require the individual applicant to acknowledge the following warning, which shall be in bold print:
CAUTION: Federal, Tribal, and State laws on the cultivation of cannabis and possession of cannabis and cannabis products differ. In the absence of a federal license, federal law prohibits the cultivation and possession of cannabis and cannabis products even pursuant to a tribal license. If you are in violation of federal law, you may be prosecuted in federal court, imprisoned, required to pay a fine and restitution and your real and personal property deemed related to the cultivation or violation may be forfeited. A tribal license is not a defense to a federal prosecution and forfeiture. The Tribe shall not undertake, or be responsible for the costs of your defense against any criminal charges except to the extent you are eligible for Tribal Public Defender services.
E. 
Unless otherwise suspended or revoked, a Cannabis Business Employee License shall expire three years following its issuance. A person may re-apply for a Cannabis Business Employee License for subsequent periods of three years.
F. 
Every application for a Cannabis Business Employee License or renewal shall be accompanied by a nonrefundable license fee, as established by the Regulatory Authority from time to time.
G. 
The license fee shall not include fingerprinting, photographing or background check costs and such costs shall be payable by the applicant in addition to any other fees imposed by the Regulatory Authority.
H. 
The Regulatory Authority or its designee shall review an applicant's prior activities, criminal record, if any, and reputation, habits and associations to make a finding concerning the eligibility for employment in a Cannabis Business.
I. 
The Cannabis Business Employee License shall be valid for employment by a company holding a Cannabis Business License and/or a Cannabis Concentrates or Cannabis Wholesaler Business License.
The grounds for denial of a Cannabis Business Employee License shall be one or more of the following:
A. 
The applicant does not meet the requirements of § 412-7.
B. 
The applicant has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a Cannabis Business Employee License, or has failed to completely complete the application for said license.
C. 
A determination by the Regulatory Authority that employment of the applicant poses a threat to the public interest or to the effective regulation of cannabis.
D. 
The applicant is under 21 years of age.
E. 
The required application or renewal fees have not been paid within a reasonable time.
A. 
If, after the issuance of a Cannabis Business Employee License, the Regulatory Authority receives reliable information indicating that an employee is not eligible for employment under this chapter, the Regulatory Authority shall suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation.
B. 
The Regulatory Authority shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license.
C. 
After a revocation hearing, the Regulatory Authority shall decide to revoke or to reinstate a Cannabis Business Employee License. The decision of the Regulatory Authority shall be final and not subject to judicial review.
A. 
No person who has had a Cannabis Business Employee License revoked may have the license restored but upon order of the Regulatory Authority after the filing of a petition for reinstatement.
B. 
No person may petition for reinstatement until the expiration of at least one year from the effective date of the revocation.
C. 
The petitioner will have the burden of proving by clear, cogent, and convincing evidence that:
(1) 
The petitioner meets the criteria requirements of this chapter;
(2) 
The petitioner has reformed, rehabilitated, or otherwise overcome the issue or issues underpinning the revocation;
(3) 
Permitting the petitioner to resume employment will not be detrimental to the integrity of the Tribe or to the public interest; and the petitioner paid all fees required under this chapter.