(a) Any person desiring to cultivate or process hemp within the territories of the Tribe must obtain a license from the Yurok Tribe prior to engaging in such activity. Persons seeking to cultivate hemp shall provide to the Department:
(1) The legal description and/or geospatial location sufficient for locating the registered land area and each field, greenhouse, or structure where the person cultivates hemp, or intends to cultivate hemp; and
(2) Contact information for each individual hemp producer, including full name of all authorized representatives, the street address of each registered land area, the business telephone number, and email address of each licensee; and
(3) Contact information for each entity hemp producer, including EIN, full name of all authorized representatives, the street address of each registered land area, the business telephone number, and email address of each licensee; and
(4) An application for each individual hemp producer, as information provided will differ slightly. Also, entity applicants should provide an EIN.
(5) A completed criminal background check report for the applicant and key participant on a form determined by the Department, and a notarized attestation that applicant does not have any disqualifying felony drug convictions pursuant to this chapter.
(b) The Tribe shall perform all background checks to support the Yurok Hemp Plan.
(1) The Department will determine which Tribal producer employees will be considered to be participating in the Plan and will be subject to the felony restrictions which at a minimum shall include a review of the criminal history reports for each applicant and key participant; and
(2) When an applicant is a business entity, the Tribe shall review the criminal history report for each key participant in the business.
(3) Any person found by the Tribe to have materially falsified any information submitted to this program will be ineligible to participate.
(c) Ineligible Applicants.
(1) A hemp producer that negligently violates a state, Tribal, or USDA plan three times in a five-year calendar period shall be ineligible to produce hemp for a period of five calendar years beginning on the date of the third violation; or
(2) Any person convicted of a felony relating to a controlled substance under Tribal, state or federal law in the 10-year calendar period prior to the application date shall be ineligible to produce hemp under the Yurok Tribe Hemp Program; or
(3) Any person who materially falsifies any information contained in an application to participate in the program established under this chapter shall be ineligible to produce hemp under the Yurok Tribe Hemp Program.
(4) Exception to Ineligibility. A person who was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date.
(d) Private Use. No license is required by any person for noncommercial personal possession or use of hemp or hemp products.