'Our inherent sovereignty': Yurok Tribe legalizing hemp on reservation

Friday, May 10, 2019

By Acee Agoyo

The Yurok Tribe is asserting its sovereignty with the passage of a new hemp law.

The ordinance, adopted by the council on Thursday, authorizes the manufacture of hemp products on the reservation in northern California. It was developed after Congress, through the 2018 Farm Bill, opened the door for tribes and states to legalize industrial hemp.

“The Yurok Hemp Ordinance is a reflection of our inherent sovereignty and capacity to self-govern. It affords us the ability to better determine our collective destiny as a tribe,” Chairman Joe James said in a news release. “We see hemp as a potential vehicle to diversify our economy and create jobs for our people.”

Hemp has been grown for thousands of years and can be used for a wide range of products, from food and textiles to building materials. But U.S. law long classified the plant as a controlled substance because it derives from the same species as marijuana.

The 2018 Farm Bill, though, recognizes the difference between hemp and its more psychoactive relative. It requires industrial hemp to have a concentration of THC, the main psychoactive compound in marijuana, of less than 0.3 percent, Cronkite News reported.

Leaders of the Yurok Tribe participate in a council session. Photo courtesy Yurok Tribe

“We did a tremendous amount of due diligence before making this decision," said Mindy Natt, who represents the Pecwan District on the Yurok tribal council. "I voted for the ordinance because it creates another avenue for us to grow our economy in a way that is consistent with our values.”

Under Section 10111 of the 2018 Farm Bill, also known as the Agriculture Improvement Act, a a tribe seeking to assert "primary regulatory authority" over hemp must submit a plan to the Department of Agriculture that explains how production, testing and other activities will occur in compliance with the law. A decision to approve or disapprove such a plan must be given within 60 days.

But USDA is still in the process of developing regulations and guidance for the industrial hemp program. The forthcoming rule will include a process for tribes to submit their plans, according to the agency.

"It is USDA’s intention to issue regulations in the Fall of 2019 to accommodate the 2020 planting season," the Agriculture Marketing Service states.

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For some, the process isn't moving quickly enough. According to Sen. Jon Tester (D-Montana), a third-generation farmer, the planting season in his state is almost over.

"We gotta do better," Tester said at a hearing of the Senate Committee on Indian Affairs on Wednesday. "Montana -- we're one of the last ones to plant. Planting season is about over with. We gotta move forward."

Assistant Secretary for Indian Affairs Tara Sweeney said the Bureau of Indian Affairs is working closely with other federal partners to develop a memorandum of understanding that ensure that tribes are at the table when it comes to hemp. Otherwise, her agency is in a holding pattern too.

"We are waiting for the USDA to issue their regulations," Sweeney said at the hearing.

At Yurok, tribal leaders felt a need to move forward to ensure their rights are not ceded to those of California, which is designated as a Public Law 280 state. The Farm Bill also authorizes states to submit hemp production plans to USDA.

“We are approaching this from a proactive position, rather than responding reactively to state regulations," said Vice Chairman Frankie Myers. "State-regulated industries, such as logging, fishing and mining have done immense harm to our natural resources."

"This ordinance empowers us to protect the Klamath River, the health of our forests and our food security,” said Myers, who discussed hemp on the tribe's first podcast along with two fellow council members. “The ordinance also creates an avenue to expand our economy in an environmentally-friendly manner and move the Tribe toward becoming more economically independent.”

At least one tribe entered the industrial hemp industry under the 2014 Farm Bill. But that law was more restrictive -- it required tribes to go through states so it did not fully recognize tribal sovereignty.