Key points
In recent years, some tribes have pursued marijuana cultivation programs on tribal lands.1 Some tribes have implemented lucrative marijuana programs,2 whereas others are facing strong resistance from state and federal drug enforcement agencies.3 The following resources discuss topics related to marijuana legalization in Indian Country,4 including tribal law and governance related to marijuana and federal and state laws that might affect marijuana legalization in Indian Country. Resources related to the tribal industrial hemp industry, which is often used as a framework for discussion of potential tribal marijuana industries, are also provided.
Highlights
Read more about this topic and discover associated resources here.
Visit CDC's Marijuana and Public Health webpage for information on the effects of marijuana on health.
Acknowledgements and Disclaimers
This document was developed by Austin Charles, JD candidate 2018, Georgia State University College of Law, Summer 2016 Intern; Hillary Li, JD candidate 2017, University of North Carolina Chapel Hill School of Law, Fall 2016 extern; and Aila Hoss, JD, Carter Consulting, Inc., contractor with the Public Health Law Program (PHLP) within the National Center for State, Tribal, Local, and Territorial Public Health Infrastructure and Workforce at the Centers for Disease Control and Prevention (CDC). The authors thank PHLP Director Matthew Penn, JD, MLIS, for his editorial assistance.
For further technical assistance with this inventory, please contact phlawprogram@cdc.gov. PHLP provides technical assistance and public health law resources to advance the use of law as a public health tool. PHLP cannot provide legal advice on any issue and cannot represent any individual or entity in any matter. PHLP recommends seeking the advice of an attorney or other qualified professional with questions regarding the application of law to a specific circumstance. The findings and conclusions in this summary are those of the author and do not necessarily represent the official views of CDC.
- See, e.g., Cary Spivak, DEA Raids Cool Tribal Excitement over Potential Marijuana Profit, MILWAUKEE WISCONSIN JOURNAL SENTINEL, Dec. 12, 2015; Cary Spivak, Menominee Tribal Members Approve On-Reservation Marijuana Use, MILWAUKEE WISCONSIN JOURNAL SENTINEL, Aug. 21, 2015; Little Traverse Bay Bands of Odawa Waganakising Odawa Tribal Code 9.1204 (2011) (legalizing medical marijuana on tribal lands); Oglala Sioux Tribal Penal Code tit. 9, § 106.00 (2002) (legalizing industrial hemp agriculture); Washington State Liquor and Cannabis Board, "Liquor and Cannabis Board and Suquamish Tribe Sign Marijuana Compact" (2013) (detailing the nation's first state-tribal marijuana compact to allow the Suquamish Tribe to produce, process, purchase, and sell marijuana on the tribal land).
- See, e.g., Associated Press News, Seneca Nation Lays Groundwork for Medical Marijuana Business, ASSOCIATED PRESS, Nov. 4, 2015; Walker Orenstein, Puyallup Tribe Pursuing Medical Marijuana Grow after Signing Deal with State, THE NEWS TRIBUNE, Aug. 3, 2016; First Alert 48 WAFF, Las Vegas Paiute Tribe Breaks Ground for Medical Cannabis Dispensary in Downtown Las Vegas, FIRST ALERT 48 WAFF, Feb. 29, 2016.
- See, e.g., Regina Garcia Cano and James Nord, South Dakota Charges 2 Men Trying to Help Launch Pot Resort, ASSOCIATED PRESS, Aug. 3, 2016; Amber Cortes, Cannabis on Tribal Land a '50/50 Gamble' for Native Americans in Washington, THE GUARDIAN, May 29, 2016; Jenny Espino, Federal Agents Raid Marijuana Farm on Pit River Tribal Land, RECORD SEARCHLIGHT, July 9, 2015.
- PHLP collected resources for this document during June–November 2016. PHLP used public search engines such as Google Scholar and subscription-based legal databases such as WestlawNext and Lexis Advance.