Native Americans Continue Cannabis on Tribal Lands Discussion

Native American tribes recently met to discuss the trend of using cannabis as a potential source of income. The issue was discussed in a panel, “Cannabis and Gaming: Should Tribes Get Into Cannabis?“ at the National Indian Gaming Mid-Year Conference & Expo late last month in Phoenix, Arizona.

A federal memorandum last year provides an opening for tribes to profit from the growing recreational cannabis market, providing it complies with guidelines set by the Cole memorandum and, in some situations, follow state laws which have civil jurisdiction over tribal lands. This includes growing in states where it is illegal.

Early conversations brought interest at increasing tribal revenues, though those conversations weighed the risks of dealing with legal issues from the federal laws surrounding cannabis as well as reluctance due to substance abuse already rampant on some tribal lands. David Vialpando, chairman of the Santa Ysabel Gaming Commission, spoke at the panel and stated that cannabis-related businesses could “be more lucrative than running a casino.”

There have been several attempts and some successes at using cannabis as a commercial venture since the Cole memorandum. For example, the South Dakota Flandreau Santee Sioux had planned a cannabis resort experience in 2015, but plans were delayed and ultimately stopped after the tribe burned their crop in response to a potential planned federal raid.

However, some tribes have found income already due to growing legalization. The Torres Martinez Desert Cahuilla Indians in Thermal, California has ventured into the medical cannabis market, providing an income in a state where medical cannabis was legal. Another Southern California tribe, the Iipay Nation, leases land for cultivation and created revenue by charging licensing and regulatory fees as well.

Bill Sterud, chairman of the Puyallup Tribe of Indians in Washington, said his tribe recreational cannabis business has created revenue and provides a better quality of life through cannabis’ medicinal effects as well. “I think it’s a strong statement for Indian sovereignty,” he said.