Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin - Tribal Law

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Lac Courte Oreilles Tribal Code of Law.

CSV.8.8.030 Negligent Violations and Corrective Action Plans

(a) A person who is found by the Agricultural Division to have negligently violated this ordinance shall be subject to a corrective action plan.

(b) No person shall receive more than one negligent violation per growing season.

(c) The following actions shall be deemed negligent violations of this ordinance, including without limitation:

(1) Failing to provide a legal description of land on which Hemp is cultivated or processed;

(2) Failing to obtain a license from the Agricultural Division for cultivating or processing Hemp; and/or,

(3) Producing Hemp or Cannabis sativa L. with a total Delta-9-THC concentration of more than 0.3 percent on a dry weight basis, if the Licensee has made reasonable efforts to cultivate hemp in compliance with this ordinance.

(d) Corrective action plans issued by the Agricultural Division shall include, at a minimum, the following information:

(1) Corrective measures required by the Agricultural Division consistent with this ordinance; and

(2) A reasonable date by which the person shall correct his or her violation; and

(3) A requirement for periodic reports to the Agricultural Division from the person on implementation of measures necessary to comply with the ordinance and their corrective action plan for a period of at least two (2) calendar years from the date of the corrective action plan.

(e) The Agricultural Division shall conduct an inspection to determine if the corrective action plan has been implemented as submitted.

(f) A person who is found by the Agricultural Division to have negligently violated a plan established pursuant this ordinance three (3) times in a five (5) year period shall be prohibited from engaging in any conduct authorized pursuant to this ordinance for a period of five (5) years from the date of the third violation.

(g) If the Agricultural Division determines that a person has violated this ordinance with a culpable mental state greater than negligence, the Agricultural Division shall report the person to the applicable Law Enforcement Agency and the U.S. Attorney General.

Original url: https://law.lco-nsn.gov/us/nsn/lco/council/code/CSV.8.8.030

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