Politics
Indian Tribe In Nebraska Votes To Legalize Marijuana For Recreational And Medical Use, Effective Immediately
“We are asserting our sovereign right to govern, protect our community and build a sustainable economy that reflects our values.”
By Zach Wendling, Nebraska Examiner
The Omaha Tribe of Nebraska became the first government in Nebraska on Tuesday to fully legalize and seek to regulate both medicinal and adult recreational-use cannabis.
The Omaha Tribe of Nebraska announced the “historic” decision Tuesday, touting a unanimous vote of the Omaha Tribal Council that it said in a statement positions the tribe as a “trailblazer” in state cannabis reform. The approval also seeks to have the Omaha Tribe reclaim its “rightful place as a leader in regional governance and economic innovation.”
“The Omaha Tribe is not waiting on broken systems to deliver,” Omaha Tribe of Nebraska Attorney General John Cartier said in a statement. “We are asserting our sovereign right to govern, protect our community and build a sustainable economy that reflects our values.”
The law immediately took effect Tuesday.
‘Creating real opportunity’
The new Title 51 Cannabis Control Code of the Omaha Tribal Code establishes extensive licensing, advertising, testing, enforcement, education, seed-to-sale tracking and other requirements, according to a copy shared with Nebraska Examiner.
The law states the cannabis plant has been on the continent for centuries and that Indigenous people have long used plant-based substances for healing, spiritual and ceremonial purposes. Tribal leaders hope to generate revenue and create employment while investing in health, education, housing and infrastructure.
Cartier said the new tribal law expunges prior cannabis offenses that would now be legal, with a “robust social equity framework” meant to repair harms of past criminalization.
Tribal sovereignty is a focal point in advancing these changes. The code explicitly states that any attempt by state or local authorities to try to assert jurisdiction over lawful tribal licensees or cannabis activity on tribal lands would be considered a violation of tribal sovereignty.
If necessary, the tribe will pursue legal remedies to uphold its sovereignty.
“This is not just about cannabis,” Omaha Tribal Chairman Jason Sheridan said in a statement. “It’s about creating real opportunity for our people, asserting our sovereignty and showing the region what tribal leadership looks like.”
‘Comprehensive and forward-looking’
Among the code’s components is creating the Omaha Cannabis Regulatory Commission, a commission of at least three members and up to five, with flexibility for more if needed.
Up to one ounce of cannabis for adults 21 and older is legalized to be possessed or purchased on Omaha Tribe lands, unless a different amount is approved by the regulatory commission.
The commission could create incentives for tribal members or set different possession and purchase limits depending on whether someone is a member of the Omaha Tribe.
Tribal leaders approved excise taxes on cannabis products of up to a 15 percent retail excise tax on the gross sales price to consumers and up to a five percent wholesale or transfer tax on the fair market value of products transferred between licensees or from producers to retailers.
Under the law, a portion of cannabis tax revenue can be allocated to support low-income patients or to establish a Cannabis Patient Access Fund. The commission will prioritize patients who are tribal members with chronic or life-limiting conditions; youth, elders and veterans in need of compassionate care and patients underserved by state or federal systems.
The new Tribal Code says the aim of Title 51 is to:
- Protect the health, safety and welfare of tribal members and reservation residents.
- Promote sustainable tribal economic development and self-sufficiency.
- Ensure effective oversight of cannabis activity through tribal regulation consistent with federal law, including the Controlled Substances Act, the 2018 Farm Bill and relevant Department of Justice guidance.
- Affirm the tribe’s sovereign rights to regulate trade, health, taxation, land use and commerce in a manner consistent with Umóⁿhoⁿ culture and governance
“Title 51 is the most comprehensive and forward-looking cannabis code in the region, that is rooted in our traditions and designed for our future,” Cartier said Tuesday.
Differences to state regulations
Cartier, speaking to Examiner, confirmed the tribe’s desire to change the code on cannabis for at least a decade. Now in month three as the tribe’s attorney general, Cartier said this project was among the first he was tasked with, given his background in cannabis law.
Like state advocates of medical cannabis are seeking to do with the voter-created Nebraska Medical Cannabis Commission, Cartier said the tribal regulatory commission hopes to borrow the best components of other medical and recreational cannabis programs in other tribal nations or states in crafting its own.
The tribe’s Omaha Cannabis Regulatory Commission will establish and maintain a confidential registry of qualifying patients diagnosed with commission-identified qualifying conditions, a flexible list that will be determined by tribal medical authorities or the commission.
Cartier will serve as the legal adviser to the tribe’s regulatory commission in a nonvoting role. At least two commission members must be members of the Omaha Tribe, and non-tribe members must possess “demonstrated expertise in areas critical to cannabis regulations.”
The tribal commission will prioritize licensing of and support for tribal members, enterprises and Omaha-owned businesses.
Under state law, medical cannabis that will soon be legal to sell in Nebraska can’t be taxed by local or state governments, and no new fees can be assessed against medical cannabis establishments or patients.
In Nebraska as a whole, longtime state advocates successfully petitioned the government last November to legalize up to five ounces of medical cannabis with a health care practitioner’s recommendation.
More than 71 percent of voters agreed on legalization, and about 67 percent supported a state regulatory system.
‘The tribe is ready to lead’
However, the rollout of legal marijuana businesses in the state has been slow, and the state regulatory commission has been “mired in litigation threats, regulatory confusion and bureaucratic delay,” according to the tribe’s news release.
Among state legal threats is the Nebraska Attorney General’s Office, which intends to sue the Nebraska Medical Cannabis Commission as soon as it begins licensing establishments. The commission must begin doing so no later than October 1, under state law.
The Nebraska AG’s Office had no comment Tuesday on the Omaha Tribe’s action.
Crista Eggers, executive director of Nebraskans for Medical Marijuana, which ushered in the 2024 medical cannabis laws, commended the Omaha Tribe for its “bold and compassionate move.”
She credited them for truly representing their people by recognizing “cannabis as legitimate medicine and a matter of fundamental health and human rights.”
Cartier said state leaders have been “dragging their feet” on the business side and that the tribe’s decision marks a “great contrast” to those actions.
“What the tribe has done is we’ve come forward and said, ‘We’ll fill that void. We’ll provide that leadership and that forward thinking,’” Cartier said. “It’s no secret that state lawmakers, state officials at the top here, despite overwhelming public approval, have unreasonable opinions towards cannabis and prohibition and whether or not that’s the right choice for Nebraska.”
Title 51 will go through a phased rollout beginning this year, first with licensing, compliance and a public education campaign.
Cartier said the Omaha Tribe also welcomes collaboration with health care providers, patients and business leaders so long as tribal law and sovereignty are respected.
“The tribe is ready to lead,” Cartier said. “The time to act is now.”
This story was first published by Nebraska Examiner.
