The Leech Lake Band of Ojibwe Cannabis Regulatory Act was drafted at the direction of the Leech Lake Band of Ojibwe Reservation Business Committee and is intended to address civil matters related to the commercial cultivation, processing, packaging, transportation, and sale of Cannabis and Cannabis Related Products by businesses within the jurisdiction of the Leech Lake Band of Ojibwe. It also addresses, in a limited manner, civil regulatory matters related to individual use and consumption of Cannabis and Cannabis Related Products that are not addressed in Minnesota law. The general contours of legalized possession and use of Cannabis and Cannabis Related Products are addressed under Minnesota law to the extent that violations of certain provisions related to possession and use of Cannabis and Cannabis Related Products are considered criminal acts. These general laws related to individual possession and use were previously addressed in a press release from this office dated July 28, 2023.
The RBC is seeking public input on the draft Cannabis Regulatory Act before it is considered for approval. Comments will be gathered and presented to the RBC with the draft Act for consideration of any revisions to the draft Act. This is the first opportunity for public input into the development of Cannabis regulations and there will be additional opportunities to provide input on the regulations that are developed based on the Act. Please provide any comments that you feel may be relevant to the RBC’s consideration of the Act.
Below is a brief overview of the topics addressed in each section of the Act. Please contact the Legal Department at 335-3673 or [email protected] with specific questions regarding the Act.
Please submit comments on the Act to [email protected] with the subject “Cannabis” or deliver written comments to the Tribal Government building before 4:00 p.m. on August 21, 2023.
Executive Summary
- Chapter 1 identifies the RBC’s authority, establishes findings and a purpose that supports the enactment of the Act, identifies rules of construction and severability, and defines terms that are used in the Act.
- Chapter 2 establishes the Commission, identifies the governmental attributes of the Commission, provides indemnity to the Commissioners, delegates authority to the Commission, establishes the independence of the Commission, provides for funding according to an approved budget, identifies the composition of the Commission, establishes qualifications for Commissioners, establishes terms of office, provisions for extending or terminating Commission appointments, filling vacancies, ethical requirements, compensation, powers and duties of the Commission and Commissioners, meeting procedures, officers and offices, record keeping, and reports.
- Chapter 3 establishes the intent of establishing regulations, provides the duty and authority for the Commission to establish regulations, procedures for regular and expedited regulations, and limitations on regulations.
- Chapter 4 provides the organization of the Commission into divisions, identifies powers and duties for implementing regulations, and provides procedures for background investigations for Commission employees.
- Chapter 5 authorizes Cannabis Businesses to engage in Cannabis Related Business Activities, consumption by individuals age 21 and over to consume Cannabis and Cannabis Related Products in Designated Consumption Areas, and cultivation in private residences for personal use, prohibits possession and use of Cannabis and Cannabis Related Products in certain locations and circumstances, identifies public policies, and limits Cannabis Business ownership to businesses wholly owned by the Band.
- Chapter 6 identifies the requirement for the Commission to establish a system for tracking Cannabis and Cannabis Products, including minimum requirements for any system and authority for the Commission to implement regulations necessary to enforce such tracking system.
- Chapter 7 establishes the need for licenses, types of licenses, terms of licenses, conditions and limits on licenses, fees for licenses, and establishes duties and rights related to licensees.
- Chapter 8 establishes Cannabis Business Licenses, which are required to operate a physical facility related to any aspect of the commercial cultivation, processing, packaging, and retail sale of Cannabis and Cannabis Products within the Reservation. Chapter 8 provides prohibitions for licensees, application processes, eligibility standards, license posting, and renewal.
- Chapter 9 establishes Cannabis Supplier Licenses, which are required to operate a business that supplies Cannabis and Cannabis Products to licensed Cannabis Businesses within the Reservation. Chapter 9 provides prohibitions for licensees, application processes, background investigations, eligibility standards, license possession, renewal, and reciprocity.
- Chapter 10 establishes requirements for Cannabis Business employees, authorized visitors, food and beverage consumption, and designated consumption areas.
- Chapter 11 provides for license suspension, limitation, and revocation, including grounds specific to each license type, investigations, notice, and hearings.
- Chapter 12 establishes procedures for hearings related to license decisions by the Commission, including a subpoena power.
- Chapter 13 provides for appeals of Commission decisions.
- Chapter 14 provides violations and penalties