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.*

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