Tribal Nations Track-and-Trace Guide

Seed-to-Sale Software, originally built for Tribal Nations cannabis requirements

Designed by cannabis industry experts, Flourish Software launched on the Iipay Nation lands in California in 2017

Cannabis and Tribal Nations 101

The history of licensed cannabis businesses on tribal lands in the United States is complex, intertwining aspects of sovereignty, federal law, state law, and tribal law.

Cannabis on tribal lands can provide:

  • Economic development
  • Job creation
  • Employment paths
  • Additional revenue opportunities
Sovereignty and Federal Law
Tribal nations in the U.S. are recognized as sovereign entities, granting them he right to govern themselves and make their own laws. However, sovereignty is limited by federal laws, including those governing controlled substances. Historically, the federal government has enforced drug laws on tribal lands, including  cannabis, a Schedule I controlled substance under the Controlled Substances Act (CSA).

The Cole Memorandum
In 2013, the  U.S. Department of Justice (DOJ), issued the Cole Memorandum. While not altering the legal status of cannabis, the memorandum directed federal prosecutors to deprioritize enforcement of federal cannabis prohibition in states with legalized cannabis and  a strong regulatory systems in place. This opened the door for tribes to consider developing their own cannabis industries under tribal law, provided they could meet certain federal enforcement priorities.

The 2018 Farm Bill
While the 2018 Farm Bill removed hemp from the definition of marijuana under the CSA, the bill also specifically recognized the right of tribes to regulate hemp production on their lands. This provided a clearer pathway for tribes to engage in the cultivation and sale of hemp and hemp-derived products, like CBD, with less fear of federal intervention.

Tribal Moves Toward Cannabis Businesses
Following the Cole Memorandum, several tribes began establishing their own cannabis businesses, i.e.:

  • Medicinal and/or recreational cannabis
  • Hemp cultivation
  • CBD production

Flourish's History with Tribal Nations and Cannabis
Under the emergency cannabis regulations in California, sovereign nations interested in establishing cannabis businesses were faced relinquishing their sovereignty due to guidelines set by a regulatory authority that prohibits competition. In response, the Iipay Nation embarked on developing a cannabis program that would exceed California state requirements.

Flourish played a pivotal role in ensuring adherence to cannabis compliance and operational standards tailored for sovereignty, gaining recognition in numerous presentations by the Ad Hoc Committee across local counties in southern California as they formulated their local regulatory frameworks. Flourish, along with the compliance standards established by the Iipay Nation, served as a model for future regulatory guidelines.

Flourish is honored to have contributed to the development of the framework that established the Iipay Nation's licensed cannabis enterprise, paving the way for future indigenous cannabis ventures by Tribal Nations and Native Americans.    American Indian Cannabis

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How Flourish Software Can Help

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Implement compliant tracking to record cannabis activity.

Say goodbye to stress and hello to compliant cannabis operations. Our system records and organizes all necessary data including reporting requirements for all pesticides, herbicides, fertilizers, and agricultural chemicals applied to cannabis plants and growing mediums.
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Make informed decisions with detailed reports and analytics.

Flourish provides a robust set of pre-built reports and dashboards to help you make data-driven decisions including:
INVENTORY CONTROL | HARVEST PROJECTIONS | LAB RESULTS SALES REPORTING | EXPIRING LAB RESULTS | CUSTOMER BALANCE DUE
Flourish_360_Seed to Sale Tracking

Save time and resources with full inventory tracking.

Flourish is a centralized system to track inventory and supply chain processes, from seed to sale. Automate and streamline tasks such as product tracking, ordering, receiving, and shipping, and get real-time visibility into cannabis and non-cannabis inventory levels and product movements.

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Connect all your systems & increase efficiency.

We've integrated with the industry's best tools including CRM, e-commerce, finance, logistics, and compliance integrations. 

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"Flourish has streamlined our wholesale operations. Our team can effortlessly transfer products from manufacturing to our wholesale website. For our CFO and Inventory Lead, who primarily work within Flourish, the reporting capabilities and product tracking have become significantly more efficient."

Ravon Williams
Major Bloom

Helpful Resources

FAQs

How does the trace-and-track system work?

The system uses unique identifiers (UIDs) for plants and packages to track cannabis products from cultivation through to the point of sale. Each entity in the supply chain must report various activities, including planting, harvesting, processing, transferring, and selling cannabis products.

What are the benefits of a track-and-trace system?

The system aims to prevent the diversion of cannabis into the illegal market, ensure product safety and quality, facilitate recall efforts if necessary, and assist in enforcing regulations regarding the legal cannabis market.

Which track-and-trace system will my Tribal Nation use?

Indigenous cannabis operations within a Tribal Nation can opt for Flourish Software for their reporting and compliance needs, adhering to track-and-trace requirements. However, if there's an state compact agreement with the Native Tribe to sell cannabis both within the state and on sovereign land, they must comply with the same regulations as state-licensed cannabis businesses, including mandated track-and-trace systems like BioTrack, Metrc, self-reporting, among others.

Please refer to our States Page that provides comprehensive information including, track-and-trace state contracts.

What is a state compact?

State compacts with Native American tribes are crucial for cannabis compliance, as these agreements specify the regulation and management of cannabis-related activities on tribal lands. Since tribal lands are sovereign, they are not automatically subject to state cannabis laws. Through these compacts, tribes and states aim to harmonize cannabis policies, ensuring compliance with state regulations while upholding tribal sovereignty. Key aspects covered in these compacts include licensing procedures, enforcement protocols, taxation, quality control and safety standards, and legal age for cannabis purchase and use. 

These agreements allow tribes to engage in the cannabis market, potentially generating revenue while aligning their operations with state laws. Compacts are tailored to the specific needs and concerns of each tribe and state, necessitating a thorough negotiation process that considers legal, economic, and cultural factors.

How do I get track-and-trace system training?

Flourish also offers extensive training on using your Seed-to-Sale Software, including our free Flourish Hub with self-faced courses and extensive help documentation. 

If you fall under state regulations, BioTrack and Metrc offer mandated software training.

Am I required to purchase any additional hardware for track-and-trace compliance? 

No. BioTrack and Metrc operates as a web-based system, accessible exclusively through an API. Your Flourish instance only requires an internet connection and a web browser.

You don't need to download, install, or maintain any software nor purchase any additional hardware. You will have a wide choice of printers, as documented on our Supported Hardware page.

How does Flourish interact with government mandated track-and-trace systems? 

Flourish provides a seamless BioTrack and Metrc integration with its API, allowing licensed operators to manage their seed-to-sale operations while ensuring compliance with the state-mandated track-and-trace requirements. User provisioning, permissions, and data submission happen in real time as users create plants, harvest, convert inventory, locate inventory, split inventory, test, transport, and sale product within Flourish. 

Tribal Nations Customers Who Flourish

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