We assert our right of sovereign government, we protect our communities and we build an economy that is sustainable and reflects our values.
By Zach Wendling, Nebraska Examiner
On Tuesday, the Omaha Tribe of Nebraska was the first Nebraskan government to legalize cannabis for medicinal use and recreational adult-use.
Omaha Tribe of Nebraska, in an official statement Tuesday, hailed the unanimous decision of the Omaha Tribal Council as “historic”. The tribe said that this vote positions them as “trailblazers” for state cannabis reform. This approval is also intended to help the Omaha Tribe “reclaim their rightful place as leaders in regional governance, economic innovation and tribal sovereignty.”
Omaha Tribe Attorney General John Cartier stated in a press release that the Omaha Tribe does not wait for broken systems to perform. “We assert our sovereign rights to govern, protecting our community and building a sustainable economic system that reflects the values of our people.”
It went into immediate effect on Tuesday.
‘Creating real opportunity’
A copy of Title 51 Cannabis Control Code, which is part of the Omaha Tribal Code, was shared with Nebraska Examiner. It includes extensive requirements regarding licensing, advertising testing enforcement education and seed-to sale tracking.
In the legislation, it is stated that the cannabis plant was on the continent centuries ago and Indigenous peoples used plant-based substance for spiritual, healing and ceremonial uses. Tribal leaders are hoping to create jobs and generate revenue by investing in housing, health care, education and infrastructure.
Cartier stated that the new tribal laws will expunge prior cannabis crimes, which would be now legal. The law also includes a robust social equity framework to help repair past harms.
The advancement of these changes is focused on tribal sovereignty. This code states explicitly that attempts by local or state authorities to claim jurisdiction over tribal licensing or cannabis activities on tribal land would be a violation.
Tribes will take legal action if needed to maintain their sovereignty.
In a press release, Omaha Tribal Chair Jason Sheridan stated that this was not about marijuana. It’s all about providing real opportunities for our people and asserting our sovereignty. We want to show the rest of the world what tribal leadership is like.
‘Comprehensive and forward-looking’
The code includes the creation of the Omaha Cannabis Regulatory Commission. This commission will consist at least of three people and can have up to five members, but it is flexible enough for additional members if necessary.
Omaha Tribe Lands allow adults over 21 to purchase or possess up to 1 ounce cannabis, unless another amount has been approved by the regulatory committee.
If someone belongs to the Omaha Tribe, they could set different purchase and possession limits.
Tribal leaders have approved an excise tax of 15 percent on retail cannabis sales to consumers, and a transfer or wholesale tax of five percent on fair market value for products that are transferred from licensees to retailers or producers.
A portion of the cannabis tax revenues can be used to help low-income patients, or for the establishment of a Cannabis Patient Access Fund. Priority will be given to patients with life-limiting or chronic conditions, youths, veterans and elders in need of compassion care as well as patients not served by the state or federal system.
Title 51, the Tribal Code of New Zealand, states:
- Protect health, safety, and welfare of reservation residents and tribal members.
- Promoting sustainable tribal development and self sufficiency.
- To ensure effective supervision of cannabis activities through tribal regulations consistent with federal laws, such as the Controlled Substances Act (CSA), the 2018 Farm Bill, and the relevant Department of Justice guidelines.
- Affirm the tribe’s sovereign rights to regulate trade, health, taxation, land use and commerce in a manner consistent with Umóⁿhoⁿ culture and governance
Cartier stated Tuesday that Title 51 was the region’s most comprehensive cannabis code, based on our tradition and designed to meet our future.
Different state laws and regulations
Cartier told Examiner the tribe had been working to alter the law on cannabis since at least 10 years. Cartier is in the third month of his tenure as tribe attorney general. Given that he has a background in cannabis laws, this was the very first project he took on.
Cartier stated that the tribes regulatory commission, like the state medical cannabis advocates who are trying to create the Nebraska Medical Cannabis Commission with voter approval, hopes to take the best elements of the medical and recreational marijuana programs of other states or tribal nations to craft 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 is the non-voting legal adviser for the regulatory commission of the Omaha Tribe. The Omaha Tribe must provide at least two members to the regulatory commission, with non-tribal members having “demonstrated expert knowledge in critical areas of cannabis regulations.”
Priority will be given to tribal enterprises, tribal members and Omaha-owned business in the licensing and support of tribal businesses.
Medical cannabis, which will be available in Nebraska soon, cannot be taxed or assessed by the state or local governments.
Last November, Nebraska advocates who have been active for many years successfully petitioned to the state government to allow up to 5 ounces medical cannabis on a doctor’s prescription.
Over 71 percent of the voters supported legalization and 67 percent favored a regulatory state system.
‘The tribe is ready to lead’
According to the tribal news release, however, there has been a slow rollout of marijuana businesses that are legal in California. The state regulatory commission is “engulfed in litigation, regulatory confusion, and bureaucratic delays.”
The Nebraska Attorney General’s Office is one of the legal threats to the Nebraska Medical Cannabis Commission. It intends on suing the commission as soon as they begin licensing establishments. State law requires that the commission begin licensing establishments no later than Oct. 1.
No comment was made by the Nebraska AG’s Office on Tuesday regarding Omaha Tribe’s act.
Crista Eggers praised the Omaha Tribe for their “bold, compassionate” move. She is the executive director of Nebraskans for Medical Marijuana. This group was responsible for bringing in medical marijuana laws for 2024.
Her praise was for their ability to represent the people of Canada by accepting “cannabis in its legitimate form as a medicine, and that it is a fundamental issue of health and human right.”
Cartier claimed that leaders of the state have “dragged their feet” in the area of business and said the decision made by the tribe is “a great contrast” with those actions.
“What the tribe has done is we’ve come forward and said, ‘We’ll fill that void. Cartier stated that “We’ll be that leader and forward-thinking.” Cartier said: “It is no secret that in spite of overwhelming public support, the state legislature and state officials are unreasonable when it comes to cannabis prohibition.
Title 51’s implementation will be phased in beginning this year. It starts with licensing and compliance, followed by a campaign of public education.
Cartier added that Omaha Tribe is also open to collaboration with healthcare providers, patients and leaders in business as long tribal law and sovereignty are respected.
Cartier stated, “The tribe has a leader in Cartier.” The time for action is now.
Nebraska Examiner was the first to publish this story.