The state of Nebraska is not exactly known for a progressive stance regarding cannabis. As a matter of fact, its medicinal use wasn’t legal until just a few months ago, and its implementation still has a long way to go. However, part of its population will have access to both medical and adult-use cannabis sooner rather than later.
Earlier this week, the Omaha Tribe of Nebraska opted to legalize cannabis in all its forms on its native reservation. The tribal council unanimously adopted a new cannabis regulatory code, named Title 51, as reported by Cannabis Business Times.
“The Omaha Tribe is not waiting on broken systems to deliver,” Omaha Tribal Attorney General John Cartier said in an official statement. “We are asserting our sovereign right to govern, protect our community, and build a sustainable economy that reflects our values. 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.”
Amid the slow and unclear Nebraskan regulations, which still leave much to be desired, the Omaha Tribe took matters into its own hands. The Title 51 Control Code establishes specific and strict requirements for licensing, advertising, testing, enforcement, education and seed-to-sale tracking, according to Marijuana Moment.
Now, not only will medical and adult-use cannabis be available for people over 21, but the tribe will establish a framework for tribal member ownership and business partnerships, and expunge previous cannabis related offenses that would be legal under the new rules.
Thus, more patients will have access to much-needed medicine, and visitors from outside the tribe will also be able to enjoy the plant. Moreover, this tribal community will have an opportunity to thrive in a burgeoning industry that’s still in debt with minorities in general.
How Can Tribes Sell Cannabis Legally?
Thanks to tribal sovereignty, Native nations are treated as self-governing entities within the U.S., allowing them to establish and enforce their own rules on tribal land. This also applies to cannabis, even though it remains federally illegal. As long as tribes stick to rules that avoid the major federal enforcement priorities, they can operate independently.
The foundation for tribal cannabis exemption began with the Cole Memorandum, issued in 2013. The memo told U.S. Attorneys that, unless certain federal priorities were at risk—like preventing sales to minors, drug trafficking, violence, or diversion to other states—they should generally refrain from prosecuting cannabis cases in states with strong regulatory systems.
Then, in 2014, the DOJ released the Wilkinson Memo (officially “Policy Statement Regarding Marijuana Issues in Indian Country”). It extended the Cole guidelines to tribal lands, telling federal prosecutors to apply the same enforcement priorities there and to consult tribes on a government-to-government basis before taking action. That memo emphasized that tribes with solid local regulations would receive the same federal deference as compliant states.
Photo via Wikimedia Commons
