22.05.150 Procedure for disposal.
(a) Hemp that tests higher than the acceptable hemp THC level shall be disposed of by the hemp producer in compliance with Department policy and all applicable Tribal and federal laws, regulations, rules and other requirements.
(b) The disposal methods shall be compliant with applicable federal requirements. The department shall maintain disposal policies that are current with all federal and Tribal requirements.
(c) If a hemp producer has produced cannabis exceeding the acceptable hemp THC level, the material must be disposed of in accordance with the CSA and DEA regulations because such material constitutes marijuana, a Schedule I controlled substance under the CSA.
(1) If the THC content of the material collected for destruction exceeds the negligent threshold specified in YTC 22.05.180(d), then the destruction must be overseen by a person authorized under the CSA to handle marijuana, such as a DEA-registered reverse distributor, or a duly authorized Yurok Tribal Police enforcement officer.
(2) If the THC content is greater than three-tenths percent but less than acceptable hemp THC level, growers may remediate and dispose of the crop pursuant to Department procedures.
(d) The Tribe will promptly notify the AMS Administrator of any occurrence of cannabis plants or plant material that exceeds the acceptable hemp THC level, and it will attach disposal records of all plants and materials from lot in which defective samples were taken.
(e) All hemp plant material not disposed of pursuant to the above subsections must be destroyed or utilized on site in a manner specified by Department regulations and verified by the Department.
(1) The producer is responsible for the costs of disposal.
(f) Hemp producers shall have 14 calendar days from the date of notification of test results for harvest lots that are higher than the acceptable hemp THC level to contact the Department in writing and apply for retesting or propose a method for destruction.
(g) Hemp subject to destruction pursuant to this section shall not be removed from the registered land area unless otherwise authorized by the Department.
(h) Lots tested and not certified by a laboratory consistent with the Department’s policies, as amended from time to time, at or below the acceptable hemp THC level may not be further handled, processed, or entered into the stream of commerce and the producer shall ensure the lot is disposed of.
(i) The hemp producer shall provide any and all evidence requested by the Department to verify disposal to the satisfaction of the Department. [Ord. 78 § 22104, amended, 6/23/2022; Ord. 68 § 22105, amended, 5/21/2020.]