Nebraska voters spoke, I believe. But people need to know that this issue still causes them to fight bitterly until the end.
By Zach Wendling, Nebraska Examiner
Omaha Tribe of Nebraska moves forward with the legalization of marijuana. The tribe’s Attorney General says Nebraska officials took this step to stop negotiations over a separate state-Tribal tobacco taxes compact.
The Tribe called this “direct Retaliation.”
John Cartier, attorney general of the Omaha Tribe, said that an assistant attorney for the state had called him on Monday an hour before their first cannabis commission meeting. Cartier found out that the state would not negotiate a tobacco-tax compact due to the more permissive attitude of Omaha Tribe Attorney General John Cartier.
Omaha Tribe Council voted unanimously in July for the legalization of medical marijuana as well as adult-use recreational cannabis. The first focus of the tribal cannabis commission will be “strictly” on medical marijuana.
Cartier, speaking to The Nebraska Examiner Thursday said: “It was a surprise that I didn’t expect such an obstruction.” I appreciated that the situation was handled with honesty and transparency.
The state and the tribe would split the tax revenue from the sale of tobacco on reservations if a tax compact was approved. The tribe could potentially receive hundreds of thousand of dollars in tax revenue.
In northeast Nebraska is the Omaha Tribe Reservation, which covers more than 300 sq. miles. It is mainly in Thurston county and in parts of Burt, Cuming and neighboring counties.
‘Direct retaliation’
Cartier stated that Hilgers said his office will confirm the official state position, and what Governor Jim Pillen (R) wants to do. Jim Pillen, a Republican who wanted to move forward.
Hilgers, on behalf of Nebraska, asked Pillen this summer to conduct the negotiations. The AG’s Office has declined to comment about compact negotiations. Pillen’s Office did not answer questions this week about the dispute.
Cartier predicted no changes because “none believe fundamentally in the cannabis industry.” He said the AG’s Office has also indicated it plans to spend additional tax dollars in support of more policing of the Omaha Tribe’s border, because of the new tribal law.
Cartier stated that “if that is the official position, then that would be direct retaliation. It could also be a way to avoid their responsibility and use it as leverage.”
Cartier said: “They should respect the Nebraska voter’s decision, but they must also understand they will fight bitterly until the end.”
‘Two plus two is four’
In November 2024, voters overwhelmingly approved allowing up to five ounces (or less) of medical marijuana to be possessed by a patient with a doctor’s prescription. The voters also established a state commission for the regulation of this new medicine. In the end, state rules will allow for medical cannabis purchases in the state. This milestone isn’t expected to happen until around mid-2026.
Hilgers has argued that cannabis should remain illegal because federal law classifies marijuana as a Schedule I drug—a drug the federal government says has a high potential for abuse and no accepted medical uses. For decades, a bipartisan group of supporters has called on the federal government to reschedule marijuana.
Congress has prohibited the U.S. Department of Justice repeatedly from interfering in state medical cannabis programs. Nebraskans and others have cited the Tenth Amendment of the U.S. Constitution to support the right of states to legalize cannabis.
Hilgers stated in May that “I believe two plus two equals four even though everyone else thinks two plus two equals five.”
Pillen says he’s always been in favor of medical marijuana, but he wants to see it strictly regulated so that recreational use doesn’t become legalized. Pillen stated that in September 2023 as supporters prepared for the third and successful petition campaign, he believed access to medical marijuana should be only available with FDA approval. It hasn’t been done yet.
Nebraska, like dozens other states, passed medical cannabis laws by 2024. Hilgers sees this as a response to the growing frustration among voters. It’s “abjectly failing” for the federal government to fail to enforce its laws, he said.
“I am a man of my word.” Hilgers said that he didn’t care about the opposition to his policies. I’ve been through wars. “Whatever people wants to say is what they want to be said.”
Hilgers’ office hasn’t publicly commented on tribe’s marijuana position.
The negotiations began on July 1.
Cartier confirmed that in July, the Omaha Tribe had contacted Pillen about a possible tobacco tax compact. Santee Sioux Nation also has a similar agreement that allows them to retain 75 percent in tobacco tax revenue. Omaha Tribe wants to keep 90% of the tobacco tax revenues, while also taking over additional state regulatory duties.
Cartier, who was present at the August meeting of tribal officials and state officials to discuss a proposed tax on tobacco products, said that it had been “highly constructive” and that “real progress” could be made. Cartier said the meeting was “highly productive” and left hope for “real progress.”
Cartier said, “It is incomprehensible to me that after months and months spent on promises and negotiation we are then taken from us last-minute.”
Cartier said that it was easy to become emotional or rattled by a reaction like this. He described the response as continuing government punishments of Native Americans, “just for existing.” He stated that the Omaha Tribe works to support their members. They have passed a new policy, which could generate millions of dollars in economic development and job opportunities.
Contrasting tribal commission
Cheyenne Robinson said she was thrilled about “historic day” in Omaha.
Robinson stated, “We are moving ahead to commit to our sovereignty and have responsible regulation as well as economic diversification.” “Waiting for the future.”
Jason Sheridan said that every member of the Omaha Tribe Council knew someone who would benefit from medical cannabis. He was pleased that the tribe had moved forward.
Sheridan, the chairman of the commission said: “I’m confident that you will all do well.”
The Omaha Tribe swore in four members to its own cannabis commission Monday—Jayzon Hundley, Amanda Hallowell, Arthur Isagholian and Allison Stockman. Cartier sits as a non-voting member on the Commission. A tribe may add up to another member.
Hundley is a grant accountant and Hallowell is a registered nursing. Both are members of Omaha Tribe. Isagholian with his background in agricultural science and Stockman with his background in public health and safety, both have over 40 years’ experience in cannabis in different states.
In the inaugural meeting, there was a discussion about future rules and regulations of the commission. The focus of this conversation was on testing marijuana products to ensure their safety as well as navigating a state that could be antagonistic beyond its border. Testing products in the reservation could be one solution.
“Even if we think we have a legal right…they’re probably more than willing to fight that in the courts,” Cartier told commissioners Monday, referring to the Nebraska AG’s Office.
Cartier said that the tribe would defend its laws and sovereignty if necessary. It will be meeting on Nov. 19 to approve the rules and regulations.
‘The driver’s seat’
Those who have criticised the Nebraska Medical Cannabis Commission’s state regulations as being too restrictive, and nearing their final approval, are many in the public. The restrictions include allowing only 12 dispensaries in the state.
Nebraskans must receive a prescription for medical cannabis from a registered physician in the state program to access licensed dispensaries. Smokable products, edibles and raw flower were prohibited in dispensaries. Every 90 days, no more than five grams of delta-9-tetrahydrocannabinol can be bought. This is the component of cannabis that gives you a high.
Hilgers Pillen and the state commission may be able to approve final regulations as early as Monday.
Cartier says the tribe wants to “provide a stark contrast” with the state’s regulations. It also hopes to encourage access to medical marijuana, which he believes “shouldn’t have anything to do” about tobacco taxes.
Cartier stated that “we decided now was the right time to make this public without waiting to hear from the Attorney General Hilgers or the Governor, as we do not believe this is something to which they are a party.” Cartier said, “We are in control and want to keep that.”
Nebraska Examiner was the first to publish this story.