{"id":82259,"date":"2025-07-16T08:57:43","date_gmt":"2025-07-16T16:57:43","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/07\/16\/indian-tribe-in-nebraska-votes-to-legalize-marijuana-for-recreational-and-medical-use-effective-immediately\/"},"modified":"2025-07-16T19:47:59","modified_gmt":"2025-07-17T03:47:59","slug":"indian-tribe-in-nebraska-votes-to-legalize-marijuana-for-recreational-and-medical-use-effective-immediately","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/07\/16\/indian-tribe-in-nebraska-votes-to-legalize-marijuana-for-recreational-and-medical-use-effective-immediately\/","title":{"rendered":"Indian Tribe In Nebraska Votes To Legalize Marijuana For Recreational And Medical Use, Effective Immediately"},"content":{"rendered":"<\/p>\n<p><em>\u201cWe are asserting our sovereign right to govern, protect our community and build a sustainable economy that reflects our values.\u201d<\/em><\/p>\n<p><strong>By Zach Wendling, Nebraska Examiner<\/strong><\/p>\n<p>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.<\/p>\n<p>The Omaha Tribe of Nebraska announced the \u201chistoric\u201d decision Tuesday, touting a unanimous vote of the Omaha Tribal Council that it said in a statement positions the tribe as a \u201ctrailblazer\u201d in state cannabis reform. The approval also seeks to have the Omaha Tribe reclaim its \u201crightful place as a leader in regional governance and economic innovation.\u201d<\/p>\n<p>\u201cThe Omaha Tribe is not waiting on broken systems to deliver,\u201d Omaha Tribe of Nebraska Attorney General John Cartier said in a statement. \u201cWe are asserting our sovereign right to govern, protect our community and build a sustainable economy that reflects our values.\u201d<\/p>\n<p>The law immediately took effect Tuesday.<\/p>\n<p><strong>\u2018Creating real opportunity\u2019<\/strong><\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Cartier said the new tribal law expunges prior cannabis offenses that would now be legal, with a \u201crobust social equity framework\u201d meant to repair harms of past criminalization.<\/p>\n<p>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.<\/p>\n<p>If necessary, the tribe will pursue legal remedies to uphold its sovereignty.<\/p>\n<p>\u201cThis is not just about cannabis,\u201d Omaha Tribal Chairman Jason Sheridan said in a <a href=\"https:\/\/www.omahatribe.com\/omaha-tribe-of-nebraska-becomes-first-in-state-to-fully-legalize-and-regulate-cannabis\/\" target=\"_blank\" rel=\"noopener\">statement<\/a>. \u201cIt\u2019s about creating real opportunity for our people, asserting our sovereignty and showing the region what tribal leadership looks like.\u201d<\/p>\n<div class=\"fb-post\" data-href=\"https:\/\/www.facebook.com\/omahatribeofnebraska\/posts\/pfbid027FJPepyou7HMj77xDH4jMPYLtJziHemjk29E6DFUevVqmENA36uuQ8C4qSCRnaS3l\" data-width=\"552\" style=\"background-color: #fff\" \/>\n<p><strong>\u2018Comprehensive and forward-looking\u2019<\/strong><\/p>\n<p>Among the code\u2019s 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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>The new Tribal Code says the aim of Title 51 is to:<\/p>\n<ul>\n<li>Protect the health, safety and welfare of tribal members and reservation residents.<\/li>\n<li>Promote sustainable tribal economic development and self-sufficiency.<\/li>\n<li>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.<\/li>\n<li>Affirm the tribe\u2019s sovereign rights to regulate trade, health, taxation, land use and commerce in a manner consistent with Um\u00f3\u207fho\u207f culture and governance<\/li>\n<\/ul>\n<p>\u201cTitle 51 is the most comprehensive and forward-looking cannabis code in the region, that is rooted in our traditions and designed for our future,\u201d Cartier said Tuesday.<\/p>\n<p><strong>Differences to state regulations<\/strong><\/p>\n<p>Cartier, speaking to Examiner, confirmed the tribe\u2019s desire to change the code on cannabis for at least a decade. Now in month three as the tribe\u2019s attorney general, Cartier said this project was among the first he was tasked with, given his background in cannabis law.<\/p>\n<p>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.<\/p>\n<p>The tribe\u2019s 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.<\/p>\n<p>Cartier will serve as the legal adviser to the tribe\u2019s regulatory commission in a nonvoting role. At least two commission members must be members of the Omaha Tribe, and non-tribe members must possess \u201cdemonstrated expertise in areas critical to cannabis regulations.\u201d<\/p>\n<p>The tribal commission will prioritize licensing of and support for tribal members, enterprises and Omaha-owned businesses.<\/p>\n<p>Under state law, medical cannabis that will soon be legal to sell in Nebraska can\u2019t be taxed by local or state governments, and no new fees can be assessed against medical cannabis establishments or patients.<\/p>\n<p>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\u2019s recommendation.<\/p>\n<p>More than 71 percent of voters agreed on legalization, and about 67 percent supported a state regulatory system.<\/p>\n<p><strong>\u2018The tribe is ready to lead\u2019<\/strong><\/p>\n<p>However, the rollout of legal marijuana businesses in the state has been slow, and the state regulatory commission has been \u201cmired in litigation threats, regulatory confusion and bureaucratic delay,\u201d according to the tribe\u2019s news release.<\/p>\n<p>Among state legal threats is the Nebraska Attorney General\u2019s 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.<\/p>\n<p>The Nebraska AG\u2019s Office had no comment Tuesday on the Omaha Tribe\u2019s action.<\/p>\n<p>Crista Eggers, executive director of Nebraskans for Medical Marijuana, which ushered in the 2024 medical cannabis laws, commended the Omaha Tribe for its \u201cbold and compassionate move.\u201d<\/p>\n<p>She credited them for truly representing their people by recognizing \u201ccannabis as legitimate medicine and a matter of fundamental health and human rights.\u201d<\/p>\n<div class=\"fb-post\" data-href=\"https:\/\/www.facebook.com\/NebraskaMJ\/posts\/pfbid0Q9nmwbtaEPUbaSYWE3qmAr9LXD74zKDexfqPdshQcCCDdW2KgvEjdB9Se7NRUB1Hl\" data-width=\"552\" style=\"background-color: #fff\" \/>\n<p>Cartier said state leaders have been \u201cdragging their feet\u201d on the business side and that the tribe\u2019s decision marks a \u201cgreat contrast\u201d to those actions.<\/p>\n<p>\u201cWhat the tribe has done is we\u2019ve come forward and said, \u2018We\u2019ll fill that void. We\u2019ll provide that leadership and that forward thinking,\u2019\u201d Cartier said. \u201cIt\u2019s 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\u2019s the right choice for Nebraska.\u201d<\/p>\n<p>Title 51 will go through a phased rollout beginning this year, first with licensing, compliance and a public education campaign.<\/p>\n<p>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.<\/p>\n<p>\u201cThe tribe is ready to lead,\u201d Cartier said. \u201cThe time to act is now.\u201d<\/p>\n<p><a href=\"https:\/\/nebraskaexaminer.com\/2025\/07\/15\/omaha-tribe-of-nebraska-legalizes-regulates-medical-and-recreational-marijuana\/\" target=\"_blank\" rel=\"noopener\"><em>This story was first published by Nebraska Examiner.<\/em><\/a><\/p>\n<p>The post <a href=\"https:\/\/www.marijuanamoment.net\/indian-tribe-in-nebraska-votes-to-legalize-marijuana-for-recreational-and-medical-use-effective-immediately\/\" target=\"_blank\" rel=\"nofollow noopener\">Indian Tribe In Nebraska Votes To Legalize Marijuana For Recreational And Medical Use, Effective Immediately<\/a> appeared first on <a href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\" rel=\"nofollow noopener\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/indian-tribe-in-nebraska-votes-to-legalize-marijuana-for-recreational-and-medical-use-effective-immediately\/\" target=\"_blank\" rel=\"nofollow noopener\">Indian Tribe In Nebraska Votes To Legalize Marijuana For Recreational And Medical Use, Effective Immediately<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cWe are asserting our sovereign right to govern, protect our community and build a sustainable economy that reflects our values.\u201d 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<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/07\/16\/indian-tribe-in-nebraska-votes-to-legalize-marijuana-for-recreational-and-medical-use-effective-immediately\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":457,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/82259"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/457"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=82259"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/82259\/revisions"}],"predecessor-version":[{"id":82260,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/82259\/revisions\/82260"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=82259"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=82259"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=82259"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}