Indigenously-owned Cannabis Businesses – An Overview
Information will be updated here as it becomes available. Check back for updates! Please note; while we aim to keep this page fully up to date with the latest information, cannabis laws are always changing. We encourage you to verify these rules and regulations in the official legal text, which we’ve linked throughout the page for your convenience.
Source(s):
- https://www.justice.gov/sites/default/files/faqs_policy_statement_regarding_marijuana_issues_in_indian_country_28jan15.pdf
- https://www.ncai.org/Marijuana_Policy_in_the_U.S.-_Information_for_Tribal_Leaders.pdf
Cannabis businesses operated on tribal land refer to the cultivation, distribution, and sale of cannabis and cannabis products on land that is owned and governed by Native American tribes.
In the Cole Memorandum to the US Attorneys, the U.S. Department of Justice issued a policy stating that tribes have the authority to regulate and legalize cannabis on their own land, as long as they follow certain guidelines, such as preventing the distribution of cannabis to minors and preventing cannabis from being transported to states where it is illegal.
- Preventing the distribution of marijuana to minors;
- Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
- Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
- Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or illegal activity;
- Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
- Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
- Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and 8. Preventing marijuana possession of use on federal property.
Since the release of this policy, there have been numerous tribes that have successfully launched cannabis businesses on their land. These businesses can include dispensaries, cultivation facilities, and manufacturing operations. Some tribes have also entered into partnerships with non-tribal cannabis companies to expand their operations.
Operating a cannabis business on tribal land comes with challenges and uncertainty but is a channel in which these businesses can generate sustainable revenue for their communities. One challenge in particular is the lack of a formal regulatory body/regulations that help ensure a prosperous and safe market. That is where Biotrack comes in. From local government solutions to retail POS to cultivation software – our industry leading seed-to-sale software gives tribal operators all the tools necessary to grow their business.
Tribal Cannabis Businesses FAQs
What kind of Cannabis business licenses are available on indigenous land?
The types of licenses available depend on the tribe and the state in which the tribe is located. Typically, there are 3 license types – Cultivation, Manufacturing & Retail
Where can I find the rules and regulations governing medical cannabis on indigenous land?
The Rules and Regulations for governing cannabis on Native land and the state in which they are located. The Cole Memorandum outlines the guidelines for operating and regulating cannabis on tribal land, subsequently giving tribes the ability to regulate and govern cannabis operations on their land.
- Preventing the distribution of marijuana to minors;
- Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
- Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
- Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or illegal activity;
- Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
- Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
- Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and
- Preventing marijuana possession of use on federal property.