The Importance of Indigenous Cannabis for US Legalization
Bringing Visibility to Tribal Nations Cannabis
Is cannabis a ‘sticky’ enough subject for you? Economics, politics, healthcare, and more. In this article, we’ll shine some light on what role cannabis plays in the larger concept and interaction of sovereign tribal nations (Native Americans) and land within the United States of America’s laws and regulations.
Native American Cannabis
Historic Uses
Just like elsewhere around the world, the indigenous people of the landmass we, today, call the United States of America, have incorporated the cannabis plant into their lives for millennia (agriculture, healthcare, religion, tools, apparel, and more). So, with all intended curtness, they were here first…and never made it illegal. Let alone cannabis regulation, most Americans are painfully aware of the controversy of the US government placing any regulations upon Tribal Nations (Native Americans; their sovereign land and people).
The Current Cannabis Landscape
What does this mean today and specifically for cannabis? To start, as we know, cannabis is still federally illegal in the USA. There are 50 states along the spectrum of decriminalization to medical and adult-use legalization within those unique borders. For added complexity, the US recognizes over 500 Native American tribes (that aren’t neatly bordered within each state, respectively). About 2% (50-60 million acres) of ‘US land’ is held in trust by the government as sovereign (generally speaking, self-governed) Native American land. Last, 50-60 million acres (that ~2%) is of course enough to grow, process, and dispense a vast amount of cannabis.
Cannabis Growth Among Tribal Nations Today
As one may expect, that land (and its sovereignty, fertility, industry, resources, etc.) is not equally-distributed among the Tribal Nations. This causes regional economic and environmental advantages and disadvantages for tribes (not unlike states). Only a minority of tribes in a small amount of jurisdictions are participating in the cannabis industry.
All to say, there is so much history (and future) to Native American cannabis. 2024 saw a near 25% increase in tribal land cannabis retail stores. Let alone the general interaction of commerce between US land and Native American land (e.g. ‘border’ gas stations, firework shops, tobacco retail), some of these tribal nation cannabis facilities are ‘in’ US states that don’t have frameworks for cannabis regulation at all. Did I mention this has gotten quite..sticky?
What this means for United States Cannabis
1) An Increased Focus on Social Equity
A perennial topic within the fledgling US cannabis industry is social equity. It is the concept that the development of this industry can coincide with finding ways to empower and uplift communities that have been traditionally marginalized when it comes to economic opportunity. Among people like woman, veterans, and those incarcerated for what is now legal, those that identify as BIPOC are frequently considered in this group (“Black, Indigenous, People of Color”). Similar to the development of the gaming industry on reservation land by some tribal nations, cannabis can be a true economic driver for US indigenous people (Native Americans).
2) A Look At Missing State Cannabis Revenue
What’s in it for Uncle Sam? It’s one thing to empower marginalized US citizens running tax-paying and job-creating US businesses. It’s another to stand by (especially in a state with no legal cannabis framework) and watch your constituent’s dollars leave your jurisdiction.
3) An Assurance of Cannabis Safety and Supply
US regulations may be a bit overbearing, but it creates a safer supply chain from seed to sale. Consumers (and their governing bodies) know the product has been tracked and tested before being consumed. This is particularly important in the medical market. Patients must know they are receiving safe medicine. As we know, the cannabis retail experience is somewhere between liquor store (adult choice of an adult product) and pharmacy (doctor-prescribed medicine for diagnosed health issues). It’s both and neither, so cannabis facilities are held to different (and often higher) standards.
What’s next for Tribal Nations and US Cannabis Legalization?
A Balance of Respect and Federal Law
It behooves the US to continue to respect tribal lands and indigenous people while also empowering and protecting its citizens. At the same time, based on economic opportunity alone, it behooves purveyors of Native American cannabis to attract US citizen patronage (just like the Native American gaming industry). But recall, tribal land, reservations, and land trusts (US to Natives) are generally considered sovereign or in some way ‘federal’ land (as far as colonialism was concerned).
Finding Solutions for Tribal Nation Cannabis Collaboration
Perhaps a path forward is to allow Tribal Nation leaders to work with the adjacent/engulfing US state government more so than the US federal government on their cannabis industry. Just as there are licenses and streamlined paths for social equity applicants, there could be a codified number of licenses, or region of the state, set aside for operation by verified indigenous people.
Overall, there should be more collaboration as the US cannabis industry continues to evolve. It benefits both parties to work together vs alienate or isolate. Proponents of justice, generally, should support the legalization of cannabis and the empowerment of historically marginalized people. There is enough medicine, taxes, jobs, and all that comes with this young industry, for all. And we haven’t even gotten into historical and indigenous use of psychedelics (psilocybin, peyote, etc.)!
Keep A Pulse On The Cannabis Industry And Get Support Now
Want to learn more about Native American cannabis as it relates to US cannabis regulations and federal legalization? Looking to start a cannabis business of your own?
Get in touch with our experienced team of cannabis consultants today or book an hourly consultation. There is plenty more to cover here, so stay tuned for more cannabis industry blog updates as well.