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- By Tribal Business News Staff
- Food | Agriculture
The Omaha Tribe of Nebraska has unanimously adopted comprehensive cannabis regulations, making it the first jurisdiction in the state to fully legalize and regulate both medical and adult-use cannabis.
The tribal council approved Title 51 - Cannabis Regulatory Code on July 15, establishing what officials call the first fully legal and regulated medical and adult-use cannabis system in Nebraska.
“The Omaha Tribe is not waiting on broken systems to deliver,” Omaha Tribal Attorney General John Cartier said in a statement. “We are asserting our sovereign right to govern, protect our community, and build a sustainable economy that reflects our values.”
The tribe's action comes as Nebraska's voter-approved medical cannabis program faces ongoing challenges. Despite overwhelming public support in the 2024 election, the state's Medical Cannabis Commission has been mired in litigation threats, regulatory confusion, and bureaucratic delay. The Nebraska Cannabis Commission passed emergency rules.
Title 51 establishes a Cannabis Regulatory Commission with full oversight authority and provides medical cannabis access for qualifying patients under tribal law. The code permits legal retail sales to adults 21 and older, including non-tribal visitors on reservation land.
The code establishes specific requirements for licensing, advertising, testing, enforcement, education and seed-to-sale tracking, according to High Times. It creates pathways for tribal member ownership, business partnerships and reinvestment into housing, education and infrastructure. The framework also expunges prior tribal cannabis offenses. The regulations are expected to be implemented by the end of this year.
Cartier said the decision comes at a critical time for tribal finances as Congress negotiates spending cuts that threaten $24 billion in funding to Native communities.
“There's going to be massive cuts across the board to Native American reservations due to recent budget changes,” he told Nebraska Public Media. “So now more than ever, it's important for tribes to capture as much revenue as we can.”
The decision is “not just about cannabis,” Omaha Tribal Chairman Jason Sheridan said in a statement. “It's about creating real opportunity for our people, asserting our sovereignty, and showing the region what Tribal leadership looks like.”
The tribe's authority stems from tribal sovereignty, which allows Native nations to function as self-governing entities. A High Times story on the Omaha Tribe’s move into cannabis notes that the foundation for tribal cannabis exemption began with the Cole Memorandum, issued in 2013. In 2014, the DOJ released the Wilkinson Memo, which extended guidelines to tribal lands.
