“Acceptable hemp THC level” for the purpose of compliance with the requirements of the Yurok Tribal Hemp Plan is when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3% or less. For example, if the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is +/- 0.06%, the measured delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC level for the purpose of compliance with this chapter. For purposes of clarity, if 0.3% or less is within the distribution or range, then the sample will be considered to be hemp for the purpose of compliance with the requirements of this chapter.

“Applicant” means a person, or a person who is authorized to sign for a business entity, who submits an application to participate in the Yurok Tribe hemp programs.

“Commercial sales” means the sale of a product in the stream of commerce at retail or at wholesale, including sales on the internet.

“Consumable product” means a hemp product intended for consumption.

“Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully, recklessly, or with criminal negligence.

“Cultivate” means to plant, water, grow, or harvest a plant or crop.

“Department” means the Yurok Department of Agriculture.

“Director” means the Director of Yurok Agriculture and Production programs.

“GPS” means Global Positioning System.

“Handle” means to harvest or store hemp plants or hemp plant parts prior to the delivery of such plants or plant parts for further processing. “Handle” also includes the disposal of cannabis plants that are not hemp for purposes of chemical analysis and disposal of such plants.

“Harvest lot” means a quantity of hemp, of the same variety, harvested in a distinct time frame that is: (1) cultivated in one contiguous production area within a production site; or (2) cultivated in a portion or portions of one contiguous production area within a production site. “Harvest lot” does not include a quantity of hemp comprised of hemp produced in noncontiguous production areas.

“Harvest lot identifier” means a unique identifier used by the Yurok Tribe to identify the harvest lot.

“Hemp” means the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total THC concentration of not more than three-tenths of one percent on a dry weight basis.

“Hemp crop” means one or more unprocessed hemp plants or plant parts.

“Hemp grower” means a person licensed by the Yurok Tribe to cultivate hemp within the territories of the tribe.

“Hemp ingredient” means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers of any part of the hemp plant included in the definition of “hemp.”

“Hemp Plan” means the USDA-approved Yurok Tribal Hemp Plan for domestic production of hemp within the territories of the Yurok Tribe. The program includes provisions for maintaining information on the land where hemp is produced, testing the levels of delta-9 tetrahydrocannabinol, disposing of plants not meeting necessary requirements, licensing requirements, and ensuring compliance with the 2018 Farm Bill, federal regulations and Yurok laws, ordinances, policies and procedures.

“Hemp producer” means a person licensed by the Yurok Tribe to cultivate hemp within the territories of the Tribe in accordance with the provisions of this chapter.

“Hemp product” means a finished product with the acceptable hemp THC level that is derived from, or made by, processing a hemp crop, and that is prepared in a form available for commercial sale. The term includes, but is not limited to, cosmetics, personal care products, consumable products, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp ingredients such as cannabidiol.

“Industrial hemp” has the same meaning as “hemp” as that term is defined in this section.

“Key participant” means a person or persons who have a direct or indirect financial interest in the entity producing hemp, such as an owner or partner in a partnership. The definition of “key participant” excludes a member of Yurok Tribe leadership who is acting in their official capacity as a Tribal leader, except when that member exercises executive managerial control over hemp production outside of their role on Council.

“Laboratory” means laboratories allowable for use in hemp production activities which use appropriate, validated methods and procedures for all testing activities and which also evaluate measurement of uncertainty, meet the Association of Official Agricultural Chemists (“AOAC”) International standard method performance requirements for selecting an appropriate method, and are consistent with the Department’s policies. For hemp production activities occurring after December 31, 2022, laboratories must also be registered with the Drug Enforcement Agency (“DEA”) to conduct chemical analysis of controlled substances, or as required by federal regulations at 7 C.F.R. 990(a)(3)(iii).

“Licensee” has the same meaning as “hemp producer” as that term is defined in this section.

“Measurement of uncertainty” means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

“Negligence,” “negligent,” or “negligently” is defined as a failure to exercise the level of care that a reasonably prudent person would exercise in complying with this chapter and all related ordinances, policies, and procedures including the federal regulations on industrial hemp.

“Noncommercial personal possession or use” means possession and use of hemp without the intent to transfer by anyone in the household, but does not include sale, trade, or any other type of commercial use.

“Person” means a natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, or other form of legal business entity, as well as a state, Tribal, or local government entity.

“Process” means to convert any portion of a hemp crop into a hemp ingredient, hemp product, or other marketable form.

“Production site” has the same meaning as “registered land area” as that term is defined in this section.

“Reasonable efforts” means to find the hemp producer exercised a level of care that a reasonably prudent person would have exercised when the hemp producer took the necessary steps and precautions to produce hemp, such as using certified seed, using other seed that has reliably grown compliant plants in other parts of the country, or engaging in other best practices, yet still produced plants that exceed the acceptable hemp THC level, and the plant does not have a THC concentration of more than one percent on a dry weight basis.

“Registered land area” means a contiguous lot, parcel, or tract of land registered with the Yurok Tribe on which a licensee may cultivate hemp. A registered land area may include land and buildings that are not used to cultivate hemp.

“THC” means tetrahydrocannabinol and has the same meaning as delta-9 THC, measured post-decarboxylation or other similarly reliable method allowed under the USDA hemp regulations at 7 C.F.R. Part 990 et seq. as amended from time to time.

“USDA” means the United States Department of Agriculture.

“Variety” means a group of plants or an individual plant that exhibits distinctive observable physical characteristic(s) or has a distinct genetic composition. [Ord. 78 § 22010, amended, 6/23/2022; Ord. 68 § 22009, amended, 5/21/2020.]