Chapter 15.40
GOVERNMENT CANNABIS CODE
Sections:
15.40.030 Tribal Cannabis Agency (TCA).
15.40.050 Authorized entities.
15.40.080 Cannabis production.
15.40.090 Cannabis processing.
15.40.120 Quality assurance tests.
15.40.140 Prohibited sales – Locations.
15.40.170 Criminal enforcement.
15.40.180 Exclusions and variances.
15.40.200 Public safety and interstate ban.
15.40.220 Savings clause and impairment.
15.40.010 Purpose.
This chapter is hereby adopted for the purpose of regulating the producing, manufacturing, processing, packaging, delivering, distributing, or selling, or possessing of marijuana in Tulalip Tribes’ Indian Country (as that term is defined in TTC 15.40.020). Marijuana and all related products will be cultivated, produced, processed and sold only by the Tulalip Tribal government. The marijuana operations will be wholly owned and operated solely by the Tulalip Tribes. The revenue generated from marijuana sales will be used to enhance Tribal education, health care, social services, research, and substance abuse prevention. This chapter does not authorize private operation of marijuana cultivation, production, processing or sales businesses. Recreational and medical marijuana use or possession in accordance with this chapter will not be treated as a crime.
This chapter is designed to address the eight enforcement priorities of particular importance to the Federal government included in the memorandum issued by the United States Department of Justice on August 29, 2013, to all United States attorneys setting forth guidance regarding marijuana enforcement. On October 28, 2014, the United States Department of Justice issued another memorandum to all United States attorneys providing a policy statement regarding marijuana issues in Indian Country which acknowledged that “the eight priorities in the Cole Memorandum will guide United States Attorneys’ marijuana enforcement efforts in Indian Country...”
Those eight enforcement priorities set forth include: (1) preventing the distribution of marijuana to minors; (2) preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; (3) preventing the diversion of marijuana from states where it is legal under State law in some form to other states; (4) preventing State-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; (5) preventing violence and the use of firearms in the cultivation and distribution of marijuana; (6) preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; (7) preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and (8) preventing marijuana possession or use on Federal property.
This Tribal Government Cannabis Code is designed to provide a sufficiently robust regulatory and enforcement system to protect against those harms stated above. [Res. 2023-284; Res. 2017-335].
15.40.020 Definitions.
When used in this chapter, unless the context clearly requires otherwise:
(1) “Board of Directors” means the Tulalip Tribal Board of Directors.
(2) “Indian Country” means the lands of the Tulalip Tribes as defined by 18 U.S.C. 1151, including: (a) the Tribes’ Reservation; (b) all lands held in trust by the United States for the Tulalip Tribes or its Tribal members; or (c) all lands held in restricted fee status by the Tulalip Tribes or its Tribal members.
(3) “Marijuana” or “marihuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (See RCW 69.50.101(v), see also 21 U.S.C. 802(16).)1
(4) “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant cannabis and having a THC concentration greater than 60 percent.
(5) “Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana as defined in this section, and have a THC concentration no greater than 10 percent. The term “marijuana-infused products” does not include either usable marijuana or marijuana concentrates. (See RCW 69.50.101(cc).)
(6) “Medical marijuana” means marijuana cultivated and produced to treat a medical condition for which it is cultivated; for example, marijuana that specifically treats glaucoma based upon the chemical components of the specific product.
(7) “Medical use of marijuana” means the possession or ingestion of marijuana, for the exclusive benefit of a qualifying patient in the treatment of his or her illness.
(8) “Pharmaceutical-grade marijuana” means a grade of marijuana that is cultivated for medical treatment. It is free of chemical residues such as fungicides and insecticides and is tested by validated methods to determine its cannabinoid levels and contains safe microbial, mycotoxin, and metal contents, including heavy metals, and meets any other necessary requirements to be considered to be in compliance with good manufacturing practices.
(9) “Processor” means any marijuana processor in Indian Country licensed or otherwise allowed by the Tulalip Tribes pursuant to this chapter (or its successor) to process marijuana into usable marijuana, marijuana concentrates, and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale to retailers, and sell usable marijuana and marijuana and marijuana-infused products at wholesale to retailers.
(10) “Producer” means any marijuana producer in Indian Country licensed or otherwise allowed by the Tulalip Tribes pursuant to this chapter (or its successor) to produce and sell marijuana at wholesale to processors and other producers.
(11) “Qualifying patient” means a person who:
(a) Possesses a statement signed and dated by a health care professional, which states that in the health care professional’s opinion the patient may benefit from the medical use of marijuana; and
(b) Provides proof of identity, such as a valid Washington State driver’s license or identicard, or a valid Tribal membership card.
(12) “Retailer” means any marijuana retailer in Indian Country licensed or otherwise allowed by the Tulalip Tribes pursuant to this chapter (or its successor) to sell usable marijuana, medical marijuana, marijuana concentrates, and marijuana-infused products in a retail outlet.
(13) “THC concentration” means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of moisture content. (See RCW 69.50.101(rr).)
(14) “Tulalip Tribes” means the Tulalip Tribes of Washington.
(15) “Usable marijuana” means dried marijuana flowers. The term “usable marijuana” does not include marijuana-infused products. (See RCW 69.50.101(tt).)
(16) “Valid documentation” means:
(a) A statement signed and dated by a qualifying patient’s health care professional written on tamper-resistant paper, which states that, in the health care professional’s professional opinion, the patient may benefit from the medical use of marijuana; and
(b) Proof of identity, such as a Washington State driver’s license or identicard as defined in RCW 46.20.035, or a valid Tribal membership card. [Res. 2023-284; Res. 2017-335].
15.40.030 Tribal Cannabis Agency (TCA).
(1) TCA Establishment. The TCA is established by the Tulalip Tribes to be the agency responsible for regulation of cannabis cultivation, processing, production, and research and testing and shall exercise the responsibilities to guide the on-site regulation, control and security of the cannabis operation authorized by this chapter, and for the enforcement of this chapter within Tulalip Tribal lands.
(a) Role. The role of the TCA is cannabis regulation; and the TCA shall not have authority to engage in internal management or personnel matters of operations of cannabis cultivation, processing, production, and research and testing facilities.
(b) Duties. As part of its structure, the TCA shall perform the following functions:
(i) The enforcement in the cannabis operations, including the facilities, of all applicable cannabis regulatory laws;
(ii) The recording of any and all unusual occurrences within the cannabis facilities.
(2) TCA Director. The Director shall be the chief administrator and lead enforcement official in carrying out the powers and duties of this chapter.
(a) Director Appointment, Vacancies, and Eligibility. The Director shall be appointed by the Board of Directors in its sole discretion. If the Director is removed, resigns or retires, the Board of Directors shall appoint an alternate to take his/her place. A candidate for Director must have no criminal convictions for any drug/controlled substances violations (excluding cannabis convictions) in the past seven years.
(b) Director Duties. The Director may propose rules and regulations governing cannabis activities and operations licensed by the Tulalip Tribes for review, revision, and/or approval by the Board of Directors. The Director shall supervise other TCA employees in carrying out the purposes and provisions of this chapter. Any authority expressly reserved to the Director may be delegated by the Director to TCA personnel under the Director’s authority. The Director shall be supervised by the Tulalip Tribes General Manager or equivalent in accordance with a TCA organizational chart as approved by the General Manager and the Board of Directors, and shall, in addition to the specific requirements of this chapter, be subject to the requirements of the Tulalip Tribes Government Employee Handbook, with the exception of applicable variances adopted by the Board of Directors.
(3) TCA Inspectors. The TCA shall employ qualified inspectors. Said inspectors shall be independent of any of the cannabis operations, and shall be supervised by the Director.
(a) Reporting of Violations. A TCA inspector may be present in the cannabis facilities during all hours of operation, and shall have immediate access to any and all areas of the cannabis operation for the purpose of (i) physically safeguarding the assets of the cannabis operation, and (ii) ensuring compliance with the cannabis regulatory provisions of this chapter. Any violation(s) of the provisions of this chapter by the cannabis operations, a cannabis operations employee, cannabis operations entity, or any person on the premises whether or not associated with the cannabis operations shall be reported immediately to the TCA.
(4) TCA Investigation/Enforcement.
(a) The TCA shall investigate any observed or reported cannabis regulatory violations of this chapter or cannabis regulations promulgated hereunder and diligently, efficiently, and reasonably enforce the same as provided for herein in a professional manner.
(b) If a cannabis regulation violation by the cannabis operations is found, the Director is authorized to issue a corrective action order requiring the cannabis operations to correct the violation. Except in cases where immediate enforcement action is deemed necessary by the Director, the TCA shall first seek informal, voluntary correction by the cannabis operations. Where a cannabis operations violation is not remedied informally after a documented compliance meeting, or immediate enforcement action is deemed necessary by the Director, the TCA may proceed with formal enforcement through issuance of a corrective action order.
(c) Corrective Action Order. A corrective action order shall be in writing and directed at the highest level management official in the cannabis operations facility to which it applies. The corrective action order shall clearly state the nature of the cannabis regulatory violations, and the specific actions required to correct the cannabis regulatory violations. The order shall specify a reasonable time for compliance, taking into account all relevant facts and the nature of the actions required.
(d) Responsibility for Compliance. The highest level management official in the cannabis operations facility to which the order was directed shall be responsible for either complying with or appealing the corrective action order.
(e) Cannabis Operations Sanctions. No adverse licensing action shall be taken against any cannabis operations management official or employee where the cannabis operations facility has, in a timely manner, (i) taken the specific compliance actions required by the order, (ii) demonstrated substantial good faith efforts toward compliance, or (iii) filed a timely appeal of the order. In cases where the cannabis operations has failed to either comply or appeal the order within the required time frames, the cannabis operations facility management official responsible for compliance may be sanctioned through license suspension not exceeding 30 days.
(f) Criminal Law Enforcement. All matters involving suspected criminal activity shall be referred by the cannabis operations and/or TCA to the appropriate Tribal law enforcement agency, Federal or local law enforcement agencies. The cannabis operations and TCA shall cooperate and coordinate with the Tribal law enforcement agency and Federal or local law enforcement agencies in all matters involving suspected criminal activities occurring within or in relation to Tribal cannabis operations facilities licensed under this chapter. The cannabis operations shall also notify TCA of any person suspected of criminal trespass. [Res. 2023-284; Res. 2017-335].
15.40.040 Licensing.
(1) Licenses.
(a) Licensing Program Overview. The Tulalip Tribes’ marijuana licensing program shall be administered through the TCA. The program shall be an investigative licensing process under which all applicants for marijuana licenses are evaluated against the standards set forth in, and subject to the requirements of, this chapter, all or any regulations promulgated hereunder, compact requirements, and any other applicable Tribal, Federal, or State laws.
(b) Licensing Requirements. An annual Tribal marijuana license is required for:
(i) Each processor operating a facility located on Tulalip Tribal lands;
(ii) Each producer operating a facility located on Tulalip Tribal lands;
(iii) Each retailer operating a facility located on Tulalip Tribal lands;
(iv) Each research and testing facility located on Tulalip Tribal lands; and
(v) Each processor or producer conducting business with a retailer located on Tulalip Tribal lands or research and testing facility located on Tulalip Tribal lands.
(vi) Burden on Applicant. The burden of proving an applicant’s qualifications to receive a license hereunder is at all times on the applicant. Applicants must accept any risk of adverse public notice, embarrassment or other action that may result from the application process and expressly waive any claim for damages as a result thereof.
(vii) Applicant Claim of Privileges. An applicant may claim any privilege afforded by law in connection with a marijuana license application or investigation, but a claim of privilege with respect to any testimony or evidence pertaining thereto may constitute sufficient grounds for denial, suspension or revocation.
(viii) Release of Information. Any persons applying for a license shall agree to release all information necessary in order for the TCA to complete their suitability determination. Applicants must update all such information promptly on an ongoing basis.
(ix) Marijuana License Confers No Property Right. A Tribal marijuana license is a revocable privilege, and no licensee shall have any vested or property right in a Tribal marijuana license. A Tribal marijuana license is personal to the licensee, and may not be assigned or transferred.
(x) Types of Licenses.
(A) Facility License, Processor, Producer, Retailer Operation, or Research and Testing Facility License. A single license for each processor, producer, retailer, or research and testing facility operating in Tulalip Indian Country.
(B) Category A License. Any management, consultant, key employee, or closely associated independent contractor with influence over the management of the marijuana operation shall obtain a Category A license. The license must be renewed annually.
The TCA shall conduct or cause to be conducted a background investigation to determine if such person has committed acts which constitute any of the following offenses:
1. Forgery, larceny, conspiracy to defraud, willful failure to make required reports to any Tribal, State, or Federal agency, or of filing false reports with any Tribal, State or Federal agency, or of any similar offense or offenses.
2. Any crime, whether a felony or misdemeanor, involving dishonesty or theft.
3. Within the past 10 years: (a) any felony involving assault, physical harm to individuals, physical violence or moral turpitude, or (b) any misdemeanor involving dishonesty or theft; provided, however, crimes of a Tribal member relating to the exercise or defense of Tribal treaty rights shall not be grounds for denial of a license.
4. Been convicted of any sex crime.
Additional procedures for Category A licensing application and background investigations shall be set forth by regulation. Those who do not meet the required qualifications shall be denied a Category A license, or the license if issued may be revoked.
(C) Category B License. Persons who are not among those identified in subsection (1)(b)(x)(B) of this section, but are to be employed at a marijuana facility in Tulalip Indian Country in another capacity, shall be required to obtain a Category B license from the TCA. Such persons shall complete a short form Category B application. The license must be renewed annually.
The TCA shall conduct or cause to be conducted a background investigation to determine if such person has:
1. Been convicted of any felony within the past five years or the equivalent of a felony; or has a pending felony charge, by any jurisdiction; or
2. Been convicted of any crime, whether a felony or misdemeanor; involving dishonesty or theft within the past five years; or
3. Been convicted of forgery or conspiracy to defraud, within the past five years; or
4. Been convicted within the past three years of any felony, or the equivalent of a felony, involving assault, physical harm to individuals, physical violence or moral turpitude; provided, however, crimes of a Tribal member relating to the exercise or defense of Tribal treaty rights shall not be grounds for denial of a permit; or
5. Been convicted of any sex crime.
Additional procedures for Category B licensing application and background investigations shall be set forth by regulation. Those who do not meet the required qualifications shall be denied a Category B license, or the license, if issued, may subsequently be revoked.
(D) Category C License (Cannabis Vendor License). Cannabis vendors of goods and services directly related to cannabis sales at the marijuana operation and nonexempt providers of financial services (debit or credit processing, including their third-party vendors) to the marijuana operation(s) must meet all Tribal licensing, certification and suitability requirements. Cannabis vendor licensing requirements may be more fully set forth in TCA regulations. The cannabis vendor license must be renewed annually. The Tribes shall not enter into, or continue to make payments pursuant to, any contract or agreement that would require licensing if the applicant or licensee has been denied a license or is deemed unsuitable, or the license or suitability determination has expired without renewal.
The TCA shall conduct or cause to be conducted a background investigation to determine if such person has:
1. Been convicted of any felony within the past five years or the equivalent of a felony; or has a pending felony charge, by any jurisdiction; or
2. Been convicted of any crime, whether a felony or misdemeanor, involving any gambling activity, dishonesty or theft within the past five years; or
3. Been convicted of forgery, or conspiracy to defraud within the past five years; or
4. Been convicted within the past three years of any felony, or the equivalent of a felony, involving assault, physical harm to individuals, physical violence or moral turpitude; provided, however, crimes of a Tribal member relating to the exercise or defense of Tribal treaty rights shall not be grounds for denial of a permit; or
5. Been convicted of any sex crime.
Additional procedures for Category C licensing application and background investigations shall be set forth by regulation. Those who do not meet the required qualifications shall be denied a Category C license, or the license if issued may be revoked.
(E) Category D License (Non-Cannabis Vendor License). Vendors who are deemed not to be cannabis vendors and who provide only non-cannabis goods and related services to the selling of marijuana shall, unless exempt, complete a short form application. The non-cannabis vendor license must be renewed annually. The Tribes shall not enter into, or continue to make payments pursuant to, any contract or agreement that would require licensing if the applicant or licensee has been denied a license or is deemed unsuitable, or the license or suitability determination has expired without renewal.
1. Non-Cannabis Vendor Licensing Exemptions. The following categories of vendors are exempt from licensing requirements: (a) non-cannabis vendors supplying less than $25,000 in goods or services annually, (b) non-cannabis vendors supplying only auditing services, (c) financial institutions, and (d) non-cannabis vendors supplying only non-cannabis food, non-cannabis beverage, gift shop, advertising, promotional, entertainment or marketing goods and services.
The TCA shall conduct or cause to be conducted a background investigation to determine if such person has:
1. Been convicted of any felony within the past five years or the equivalent of a felony; or has a pending felony charge, by any jurisdiction; or
2. Been convicted of any crime, whether a felony or misdemeanor, involving any dishonesty or theft within the past five years; or
3. Been convicted of forgery, or conspiracy to defraud within the past five years; or
4. Been convicted within the past three years of any felony, or the equivalent of a felony, involving assault, physical harm to individuals, physical violence or moral turpitude; provided, however, crimes of a Tribal member relating to the exercise or defense of Tribal treaty rights shall not be grounds for denial of a permit; or
5. Been convicted of any sex crime.
Additional procedures for Category D licensing application and background investigations shall be set forth by regulation. Those who do not meet the required qualifications shall be denied a Category D license, or the license if issued may be revoked.
(xi) License Suspension/Revocation.
(A) License Suspensions Pending Revocation. If, after issuing a license, the Director finds evidence indicating that a licensed person was not or would not then be eligible for licensing under the types of licenses established in the subsections above, the Director shall suspend such license pending license revocation and shall notify in writing the license holder of the suspension, the basis for the suspension and the proposed revocation. The grounds for suspension pending revocation of a license shall be the same as the grounds for denying a license as provided for in the types of licenses, and in the case of a conditional license a violation of any conditions as well.
(B) Initial Review Hearing. If a TBC employee license is suspended under this section, the affected employee shall be entitled to an initial review hearing before the Tulalip Tribal Court within five business days of suspension. The date and time of the review hearing shall be stated on the notice of the suspension and proposed revocation. At the review hearing, the TCA shall present the information on which the suspension is based, and the affected employee shall be given an opportunity to respond. If the Tulalip Tribal Court determines the suspension was based on evidence or reliable information that the licensed person was not or would not then be eligible for a license under the applicable issuance criteria, it shall uphold the suspension pending a full appeal hearing on the license revocation, if an appeal is timely filed by the aggrieved license holder.
If the Tulalip Tribal Court finds at the initial review hearing the TCA information was unreliable or the evidence insufficient to establish grounds for license suspension pending revocation, the individual’s license shall be reinstated.
(C) License Revocation. If the Tribal Court upholds a suspension pending revocation at the initial review hearing, the aggrieved license holder shall have the right to a license revocation appeal hearing. Within 14 days of the initial review hearing, the Director shall issue a final notice of revocation setting forth in detail the basis for the license revocation. Appeals must be filed in writing with the Tulalip Tribal Court no later than 16 days of the date of certified mailing, or 14 days of personal service of the revocation notice, or the license revocation shall become final and not subject to further appeal.
(xii) License Suspension or Revocation. Any facility operating as a processor, producer, retailer or research and testing facility in Tulalip Indian Country whose facility license has been revoked or suspended must immediately cease operations and may not resume operations until and unless such facility license has been reinstated.
Any person whose license has been revoked or suspended must immediately cease working in the cannabis industry in Tulalip Indian Country and may not continue in the management, consulting, employment or independent contractor role until and unless such Category A or Category B license has been reinstated.
(2) Appeals.
(a) Right of Appeal.
(i) Any person or entity subject to a Tribal cannabis license denial, suspension or revocation authorized by this chapter or regulation may appeal such action to the Tulalip Tribal Court.
(ii) The TBC may appeal corrective action orders to the Tulalip Tribal Court.
(b) Tulalip Tribal Court. An administrative tribunal, the Tribal Court is hereby established with jurisdiction to decide appeals under this chapter. The Judge of the Tribal Court shall be a trial Judge of the Tulalip Tribal Court.
(c) Initial Review Hearings for Suspensions. The Tribal Court shall conduct initial review hearings for suspensions in accordance with the procedures contained in this chapter.
(d) Subpoenas. The Tribal Court shall have jurisdiction to issue and enforce subpoenas at the request of the Director for investigation and hearing, and at the request of appellant for the purpose of requiring the attendance of relevant witnesses at hearing.
(e) Manner and Time for Appeal. Appeals shall be commenced by written Notice of Appeal filed with the Clerk of the Tribal Court and served on the Director within 14 calendar days of the delivery of written notice of the action or corrective action order appealed, or within 16 calendar days of the mailing thereof by certified mail, return receipt requested, to the last address of the person or entity on file with the TCA. The Tribal Court shall dismiss any such appeal not timely filed.
(f) Content of Notice of Appeal. The Notice of Appeal shall identify:
(i) The action appealed;
(ii) The date of the action;
(iii) Each ground for the appeal; and
(iv) The appellant’s name, mailing address and, if applicable, the number of the appellant’s Tribal cannabis license.
(g) Scheduling of Hearing. The Tribal Court shall schedule a hearing to occur within 30 days after the filing of the Notice of Appeal, and may continue the hearing for good cause. Failure to hold a hearing within such 30-day period shall not constitute grounds for reversal or modification of the action of the Director.
(h) Representation at Hearing. Any person admitted to practice before the Tulalip Tribal Court may represent the appellant at the hearing. The TCA shall be represented at the hearing by the Director, or the Director’s designee. The Board may authorize the Tulalip Prosecuting Attorney’s Office or outside attorney to provide legal services and representation to the TCA.
(i) Rules of Procedure. The Tribal Court shall establish rules of procedures for the administrative hearing. Pre-hearing discovery by the appellant shall be limited to examining and obtaining copies of the licensing files of the Director, or the TCA which directly relate to the licensing action being appealed. Both parties shall be entitled to pre-hearing disclosure of witnesses and exhibits each party intends to introduce at hearing.
(j) Hearing. The hearing shall be to provide an opportunity for the appellant to be heard on the action being appealed. The appellant shall have the burden of proof under the applicable standard of review. Testimony shall be under oath and oral testimony shall be subject to cross-examination. The administrative hearing shall be less formal than a general civil proceeding under TTC Titles 2 and 3. Technical rules of evidence shall not apply at hearings. The Tribal Court may consider hearsay evidence and may limit or exclude irrelevant or unduly repetitious evidence.
(k) Personnel Issues. Rights that a Tribal employee may have under the Quil Ceda Village Employee Handbook:
(i) Are entirely separate from, and have no bearing upon, the issue of entitlement to a Tribal cannabis license, or the propriety of the denial, suspension or revocation of a Tribal cannabis license; and
(ii) Shall not be considered by the Tribal Court in deciding any appeal of the denial, suspension or revocation of a Tribal cannabis license, and the Tribal Court shall have no authority to issue remedies related to employment, including back pay or reinstatement of employment.
(l) Applicable Law. The applicable law at the hearing shall be this chapter and any regulations adopted under authority of this chapter.
(m) Decision. The decision of the Tribal Court shall be in writing, shall state the reasons for the decision, and shall be final and not subject to further appeal to the Tulalip Tribal Court of Appeals or otherwise. The remedies available to the appellant shall be limited to: (i) issuance or reinstatement of license, (ii) reversal of any license suspension, (iii) vacating or mitigating fine, and (iv) reversal or modification of any corrective action order.
(n) Standard of Review. In rendering its decision on appeals on the issues of the issuance or reinstatement of a gaming license, or vacating or mitigating a fine, if the Court finds that the appellant has failed to prove that the TCA action was either an abuse of discretion or clearly erroneous, the Tribal Court shall uphold the action of the TCA. In all other appeals, the action of the TCA shall be upheld if the Tribal Court finds it to be reasonable under the facts and circumstances present. The Tribal Court shall not have jurisdiction to order any relief or sanction which is in addition to, or in excess of, that ordered by the TCA. [Res. 2023-284; Res. 2019-515; Res. 2017-335].
15.40.050 Authorized entities.
Wholly owned enterprises of the Tulalip Tribes are the only persons or entities authorized to manufacture, process, package, deliver, distribute, or sell, or possess marijuana in quantities in excess of the quantities identified under TTC 15.40.060 and solely to the extent provided under this chapter. [Res. 2023-284; Res. 2017-335].
15.40.060 Cannabis sales.
Sales and other forms of dispensing recreational or medical grade marijuana shall be conducted only by businesses owned and operated by: the Tulalip Tribes, by a corporation or limited liability company wholly owned by the Tulalip Tribes, or by another entity of Tribal government whose governing documents authorize such activity.
The following acts, when performed by a wholly owned enterprise of the Tulalip Tribes or its employee in compliance with the Tulalip Tribal Codes, shall not constitute criminal or civil offenses under the Tulalip Tribal Codes:
(1) Purchase and receipt of usable marijuana, marijuana concentrates, or marijuana-infused products that have been properly packaged and labeled from a wholly owned enterprise of the Tribes, another Federally recognized Indian tribe (as permitted under an agreement between the State of Washington and that other Federally recognized Indian tribe), or a State-licensed producer or processor;
(2) Possession of usable marijuana, marijuana concentrates, or marijuana-infused products;
(3) Delivery, distribution, and sale of any combination of the following amounts of usable marijuana, marijuana concentrates, or marijuana-infused product to any person 21 years of age or older and qualifying patients or designated providers who are not entered into the medical marijuana authorization database:
(a) One ounce of usable marijuana;
(b) Sixteen ounces of marijuana-infused product in solid form;
(c) Seven grams of marijuana concentrates; or
(d) Seventy-two ounces of marijuana-infused product in liquid form meant to be eaten or swallowed;
(See WAC 314-55-095.)2
(4) Effective July 1, 2016, delivery, distribution, and sale of any combination of the following amounts of usable 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):
(a) Forty-eight ounces of marijuana-infused product in solid form;
(b) Three ounces of usable marijuana;
(c) Two hundred sixteen ounces of marijuana-infused product in liquid form; or
(d) Twenty-one grams of marijuana concentrates;
(See RCW 69.51A.210(1).)
(5) Producing, processing, packaging, and labeling marijuana, usable marijuana, and marijuana-infused products;
(6) Delivery, distribution, and sale of usable marijuana or marijuana-infused products to wholly owned enterprises of the Tribes, another Federally recognized Indian tribe (as permitted under an agreement between the State of Washington and that other Federally recognized Indian tribe), or to State-licensed producers, processors, or retailers; and
(7) Cannabinoid Concentration – Medical Marijuana. Cannabinoid concentrations in marijuana may possess a wide range of medicinal and therapeutic benefits for patients, and will be accurately measured so that medical marijuana of highest caliber and grade will be available for patients. For qualifying patients and designated providers who are not entered into the medical marijuana authorization database, marijuana serving and transaction limitations are as follows:
(a) Single Serving. A single serving of a marijuana-infused product may not exceed 10 milligrams active tetrahydrocannabinol (THC), or delta-9, except that a high THC compliant product that complies with the standards and limitations in WAC 246-70-040 may contain more than 10 but no more than 50 milligrams of THC per serving or application.
(b) Maximum Number of Servings. The maximum number of servings in any one single unit of marijuana-infused product meant to be eaten or swallowed is 10 servings or 100 milligrams of active THC, or delta-9, except that a high THC compliant product that complies with the standards and limitations in WAC 246-70-040 may be packaged in servings or applications containing up to 50 milligrams of active THC. A unit must not contain more than 10 servings or applications and must not exceed 500 total milligrams of active THC. [Res. 2023-284; Res. 2017-335].
15.40.070 Cannabis taxation.
(1) There is imposed and shall be collected a Tribal marijuana tax of at least 100 percent of the State marijuana tax imposed under RCW 69.50.535 and State and local sales and use taxes on sales of marijuana.
(2) Sales of marijuana concentrates, usable marijuana, and marijuana-infused products that are grown, produced or processed in Tulalip Tribes’ Indian Country are exempt from the tax levied under this section. [Res. 2023-284; Res. 2019-515; Res. 2017-335].
15.40.080 Cannabis production.
[Reserved] [Res. 2023-284; Res. 2017-335].
15.40.090 Cannabis processing.
[Reserved] [Res. 2023-284; Res. 2017-335].
15.40.100 Cannabis labeling.
(1) All transactions between the Tribes or Tribal enterprise and State licensees must be executed through the State traceability system, and marijuana products purchased from or sold to State licensees must be fully compliant with State marijuana laws and rules, including packaging, testing, and labeling.
(2) Usable marijuana when sold at retail must include accompanying material that contains the appropriate warnings.
(3) All marijuana concentrates and marijuana-infused products sold at retail must include accompanying material that contains the appropriate warnings.
(4) Labels affixed to the container or package containing usable marijuana sold at retail must include the appropriate information.
(5) Labels affixed to the container or package containing marijuana-infused products sold at retail must include the appropriate information.
(6) Labels affixed to the container or package containing marijuana concentrates sold at retail must include the appropriate information.
(7) Labels affixed to the container or package containing medical marijuana sold at retail must include the appropriate information. The Tribes will work with the medical community to develop a labeling system that will accurately reflect the appropriate prescription dosages. [Res. 2023-284; Res. 2017-335].
15.40.110 Tracking.
All wholly owned enterprises of the Tulalip Tribes shall employ reasonable and effective inventory methods that allow marijuana to be tracked from seed to sale. [Res. 2023-284; Res. 2017-335].
15.40.120 Quality assurance tests.
All wholly owned enterprises of the Tulalip Tribes 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. 2023-284; Res. 2017-335].
15.40.130 Personnel.
The Tulalip Tribes reserves the right to deny employment based upon prior criminal convictions. Only persons 21 years of age or older may be employed in any cannabis-related operations.
(1) Background Investigation and Licensing. No employee shall be hired if he/she has a felony criminal record. All prospective employees are subject to a criminal background investigation and must past applicable licensing requirements and obtain to maintain their licenses as a condition to prospective employment.
(2) Training.
(a) All employees of any cannabis-related business must have the education, training, or experience, or any combination thereof, to perform all assigned functions.
(b) Cultivation and processing operations must maintain records of any training provided to employees for the performance of all assigned functions, including but not limited to application of pesticides.
(c) Cultivation and processing operations should provide all employees with training that includes:
(i) Instructions regarding regulatory inspection preparedness and law-enforcement interactions; and
(ii) Information on applicable Tribal, State, and U.S. Federal laws, regulations, and policies relating to individuals employed in these operations, and the implications of these for such employees.
(d) Employees who have assigned functions that involve providing qualified individuals with cannabis or cannabis-derived product must complete training that includes:
(i) Specific uses of cannabis or a specific cannabis-derived product;
(ii) Clinical application of the specific constituents of cannabis;
(iii) The laws, regulations, and policies relevant to providing cannabis or cannabis-derived product to qualifying individuals.
(3) Hygiene.
(a) Employees showing signs of illness, open wounds, sores or skin infections will be prohibited from handling cannabis in the cultivation and processing operation.
(b) Employees handling cannabis shall receive training with specific attention to preventing microbial contamination.
(c) Employees must strictly adhere to all hand washing requirements including washing hands with soap and hot water before beginning work, and after using the bathroom and after meal breaks.
(d) Instructive hand washing signage will be placed in appropriate areas such as bathrooms, kitchens, and lunch areas, and in multiple languages as needed.
(e) Washington State Food Handler’s Permit. All employees must obtain a Washington State Food Handler’s Permit before working in cannabis cultivation, production, processing and distribution sites.
(4) Safety.
(a) Employees will be required to strictly comply with all safety protocols, and will be required to attend all employer sponsored safety training relevant to their specific job functions, which may include:
(i) Emergency action response planning as necessary;
(ii) Employee accident reporting and investigation policies;
(iii) Fire prevention;
(iv) Hazard communication policies, including maintenance of material safety data sheets (“MSDS”);
(v) Materials handling, spills, and disposal policies;
(vi) Job hazard analyses; and
(vii) Personal protective equipment policies, including respiratory protection.
(5) The cultivation operations must provide and maintain at least one emergency eye flushing station readily accessible to all employees and access to adequate eye flushing water for each employee working in field operations.
(6) The cultivation and processing operations must visibly post and maintain an emergency contact list which includes at a minimum:
(a) Operation manager contacts;
(b) Emergency responder contacts;
(c) Poison control contacts;
(d) Fire department contacts; and
(e) Spill response team contacts. [Res. 2023-284; Res. 2017-335].
15.40.140 Prohibited sales – Locations.
(1) Marijuana products may not be sold or advertised within in or on, or within 1,000 feet of: elementary school; secondary school; or a playground, all located in Tulalip Tribes’ Indian Country. Additionally, marijuana products may not be sold or advertised within in or on, or within 100 feet of recreation center or facility; child care center; public park; public transit center; library; or game arcade, all located in Tulalip Tribes’ Indian Country.
(2) For the purposes of this section:
(a) “Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than 24 hours owned and licensed by the Tulalip Tribes.
(b) “Game arcade” means an entertainment venue featuring primarily video games and/or other pinball machines where persons under 18 years of age are not restricted, intended primarily for the use of pinball and video machines for amusement containing a minimum of 10 pinball and/or video machines owned and/or managed by the Tulalip Tribes.
(c) “Library” means an organized collection of written resources made accessible to the public for reference or borrowing supported with money derived from taxation by the Tulalip Tribes and owned and/or managed by the Tulalip Tribes.
(d) “Playground” means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swing sets, and teeterboards owned and/or managed by the Tulalip Tribes.
(e) “Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by the Tulalip Tribes. Public park does not include trails.
(f) “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by the Tulalip Tribes for the express purpose of staging people and vehicles where several buses or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.
(g) “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 18 years of age, owned and/or managed by the Tulalip Tribes. [Res. 2023-284; Res. 2017-335].
15.40.150 Security.
(1) Theft and Diversion. All wholly owned enterprises of the Tulalip Tribes shall employ reasonable and effective security procedures and systems that safeguard marijuana from theft and diversion, including marijuana intended for destruction as waste.
(2) Production and Processing.
(a) Outdoor and greenhouse cultivation operations should be enclosed by a secure perimeter fence at least six feet in height. The fence should include a lockable gate that is locked when a qualified employee is not in the immediate area. The fence must not violate any other ordinance, code section or provision of law regarding height and location restrictions.
(b) Indoor cultivation facilities and processing facilities must implement facility security measures sufficient to deter the risk of unauthorized access while allowing for emergency ingress and egress in accordance with applicable regulations.
(c) Cultivation operations and processing operations must implement and communicate security protocols to all personnel and on-site contractors.
(d) Visitors must be accompanied by an employee at all times.
(e) Cultivation and processing operations should have a system for review of relevant records as a means of preventing diversion.
(3) Retail.
(a) Distribution and retail operations must have additional security as needed and should include:
(i) Security personnel in sufficient number to ensure safety of staff and patrons;
(ii) Sufficient security camera coverage; and
(iii) Monitoring of dedicated parking, if any, with either security personnel or with security cameras.
(4) Deliveries. There must be:
(a) Security personnel at the facility where the product is stored or processed in sufficient number to ensure the safety of all staff and of all cannabis and cannabis-derived products.
(b) Training for delivery staff to ensure awareness of how to maintain personal and product safety and to provide contact information to police or other emergency personnel;
(c) Security personnel at the retail facility where the product is delivered subject to full compliance with all applicable legal requirements; and
(d) Provide training to make all other staff aware of the operations security procedures, and each individual employee’s security role and responsibilities. [Res. 2023-284; Res. 2017-335].
15.40.160 Civil enforcement.
(1) The Board of Directors may authorize or delegate civil enforcement of this chapter.
(2) The general rules of the Tulalip Tribal Court shall govern any action filed under this chapter. Enforcement of this chapter does not foreclose civil enforcement. [Res. 2023-284; Res. 2017-335].
15.40.170 Criminal enforcement.
(1) All offenses connected to cannabis use, consumption, manufacturing, processing, or distribution are set forth in the Tribal Criminal Code.
(2) Actions of any person who violates this chapter and Chapter 3.55 TTC, Offenses Involving Dangerous Drugs, may be referred to the proper authorities (Tribal, Federal, and/or State) for prosecution. [Res. 2023-284; Res. 2017-335].
15.40.180 Exclusions and variances.
The following acts when performed by employees or contractors of the Tulalip Tribes in conformance with this chapter shall not constitute criminal or civil offenses under Tribal law:
(1) Production or possession of marijuana pursuant to employment duties.
(2) Possession, processing, packaging and labeling of quantities of marijuana, usable marijuana, and marijuana-infused products in preparation for sales.
(3) Delivery, distribution and sale of marijuana pursuant to employment duties at the retail outlet.
(4) No Liability for Health Care Professionals. A health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability under Tribal law, or have real or personal property searched, seized, or forfeited pursuant to Tribal law, if he/she is:
(a) Advising a patient about the risks and benefits of medical use of marijuana or that the patient may benefit from the medical use of marijuana; or
(b) Providing a patient with valid documentation, based upon the health care professional’s assessment of the patient’s medical history and current medical condition that valid documentation is necessary in the individual health care professional’s medical judgment.
(5) No Liability for Qualified Patients. The medical use of marijuana in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, marijuana under Tribal law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, marijuana under Tribal law.
(6) No Liability Based on Constructive Possession by the Tulalip Tribes.
(a) No person shall be prosecuted for constructive possession, conspiracy, or any other criminal offense solely for being in the presence or vicinity of medical marijuana or its use as authorized by this chapter.
(b) The Tulalip Tribes shall not be held vicariously liable for any deleterious or ineffective outcomes from the medical use of marijuana by any qualifying patient.
(7) Variances to Tulalip Tribal Code.
(a) TTC Title 9, Employment and Contracting – Chapter 9.35 TTC, Drug and Alcohol Free Workplace. Pursuant to TTC 9.35.020, variances to Chapter 9.35 TTC, Drug and Alcohol Free Workplace, are approved by the Board of Directors and thus the Board of Directors approves the following variances such that the following sections, or violations thereof, shall not apply to an employee of an enterprise or entity of the Tulalip Tribes which is authorized to manufacture, process, package, deliver, distribute, or sell, or possess marijuana in compliance with this chapter:
(i) Violations of TTC 9.35.040(2)(a), (b), (d), and (3)(c) (including as they may be later amended or replaced);
(ii) Violations of TTC 9.35.100(2) and (3) (including as they may be later amended or replaced).
(b) The Tulalip Tribes Government Employee Handbook, as applicable, shall apply to an enterprise or entity of the Tulalip Tribes which is authorized to manufacture, process, package, deliver, distribute, or sell, or possess marijuana in compliance with the Tulalip Tribal Codes; provided, that such enforcement of the Tulalip Tribes Government Employee Handbook shall be modified pursuant to the changes set forth in TTC 14.08.200(g)(1).
(c) Title 3 TTC, Criminal Offenses and Infractions – Chapter 3.55 TTC, Offenses Involving Dangerous Drugs. A variance to Chapter 3.55 TTC, Offenses Involving Dangerous Drugs, is hereby approved by the Board of Directors and thus such that Chapter 3.55 TTC, or violations thereof, shall not apply to an employee of an enterprise or entity of the Tulalip Tribes (growers/processors/retailers) which is authorized to grow, manufacture, process, package, deliver, distribute, or sell, or possess marijuana in compliance with the Tulalip Tribal Codes. [Res. 2023-284; Res. 2017-335].
15.40.190 Indemnification.
The Tulalip Tribes shall indemnify, defend, and hold harmless any elected official, officer, or employee of the Tulalip Tribes or its enterprises from civil or criminal prosecution arising from his or her good faith implementation of his or her responsibilities arising out of or relating to the implementation of this chapter. [Res. 2023-284; Res. 2017-335].
15.40.200 Public safety and interstate ban.
(1) Public Safety. The Tulalip Tribes may contract for the inspection of its marijuana production and methods and products to assure their conformance with scientific and safety standards to assure protection of the public.
(2) Interstate Ban. Marijuana is prohibited from being diverted in any form from the Tulalip Tribes’ Indian Country to any other state where marijuana is illegal. [Res. 2023-284; Res. 2017-335].
15.40.210 Preemption.
Nothing contained in this chapter shall be construed to supersede Federal law or contradict Federal policies regarding the acquisition, possession, manufacture, sale, or use of marijuana contained within the Tulalip Reservation and the State of Washington. [Res. 2023-284; Res. 2017-335].
15.40.220 Savings clause and impairment.
(1) If any section, paragraph, clause or word of this chapter shall for any reason be adjudged invalid, such shall not invalidate the remainder thereof but shall be confined in its operation to said section, paragraph, clause or word.
(2) It is the intent of Tulalip Tribes that the enactment of this chapter shall not impair the Tribes’ right to receive any grant funding, preferred lending or similar third party payments. This chapter shall be liberally construed to avoid any such impairment. [Res. 2023-284; Res. 2017-335].
15.40.230 Effective date.
(1) Effective Date. This chapter shall become effective forthwith upon adoption by the Tribal Board of Directors. [Res. 2023-284; Res. 2017-335].
References contained herein to RCW and U.S.C. are for illustrative cross-reference purposes only and are not citations as the basis of legal authority.
References contained herein to WAC are for illustrative cross-reference purposes only and are not citations as the basis of legal authority.