A federally recognized tribe concentrated largely in the Great Lakes region announced last week that it will decriminalize cannabis.

“The Ho-Chunk Nation recognizes that marijuana and its derivatives are natural growth plants with medicinal and industrial applications,” the tribe said in a statement, as quoted by the Milwaukee Journal Sentinel. “Indigenous people have used marijuana and hemp for hundreds of years for a variety of purposes and the Ho-Chunk Nation acknowledges its functional purpose.”

Rob Pero, founder of the nonprofit Indigenous Cannabis Industry Association, called it “a historic day for Ho-Chunk.”

“We commend their commitment to increasing accessibility to plant medicine. … They are building an environment now, before prohibition ends, that will position them to lead the industry, create sustainable economic opportunity and improve the health and wellbeing of our people,” Pero said, as quoted by the Journal Sentinel.

“Tribes are able today to self-determine their interests in cannabis and the complex landscape requires the navigation of local, tribal, state and federal policy,” Pero adde. “We see the reclassification empowering tribes to engage meaningfully throughout the supply chain, from farming to processing to retail and more, as well as to facilitate interstate nation-to-nation commerce.”

The Ho-Chunk Nation reportedly made the announcement on April 30. According to Wisconsin Public Radio, it means that cannabis will be decriminalized on tribal lands “and Ho-Chunk police will not issue citations for possession.”

What it does not mean, however, is that marijuana is legal there. Wisconsin Public Radio noted that “tribal law experts advise the drug is still illegal,” and that an “FAQ distributed within the Ho-Chunk nation indicates county or state police could still issue citations.”

“Wisconsin is one of six states that has criminal jurisdiction over Native Americans on reservation land under a law known as Public Law 280. The law applies to all federally recognized tribes in Wisconsin except for the Menominee, which is under the jurisdiction of the federal government,” the public radio station said, adding that it “could make it difficult to set up businesses that cultivate or sell cannabis for medicinal or recreational purposes” and that it “could even deter customers who now travel to neighboring states where cannabis is currently legal.”

According to its official website, the Ho-Chunk Nation legislature “is comprised of four branches of government; executive, legislative, judicial and the general council,” which are “made up of 13 representatives called Legislators from four districts, who can serve up to two terms of four (4) years.” Three of the four districts are in Wisconsin, with the fourth covering all districts outside Wisconsin.

Both medical and recreational cannabis are illegal in Wisconsin –– one of the few remaining states with total prohibition on pot. 

A Republican-led effort to pass a medical marijuana bill in this year’s legislative session failed in February. 

The proposal “drew opposition for being too conservative in severely limiting who could have access to medical marijuana and how it would be distributed, while others faulted it for not going far enough,” according to the Associated Press, which added that Republicans in the Wisconsin state Senate “objected to having state-run dispensaries, while Democrats pushed for full legalization.”

Democrats in the Badger State, including Gov. Tony Evers, has been an outspoken supporter of marijuana reform, pushing Wisconsin lawmakers to legalize both recreational and medical cannabis.

Evers said in January that he backed the GOP medical marijuana measure, even though it wasn’t as comprehensive as he would prefer. 

“I would think that getting it all done in one fell swoop would be more thoughtful as far as meeting the needs of Wisconsinites that have asked for it,” Evers said at the time. “But if that’s what we can accomplish right now, I’ll be supportive of that.”

Wisconsin could be losing out on precious tax revenue due to its ongoing prohibition. An economic analysis released last year found that neighboring Illinois, where marijuana is legal, has received millions of dollars from cannabis shoppers crossing the border from Wisconsin.

Ho-Chunk Nation leaders said that they anticipate the tribe “entering the cannabis business once it becomes legal in the state,” according to the Journal Sentinel.

The newspaper said that “tribal law experts say there’s still a legal question about whether tribal nations can allow cannabis sales on federal trust reservation land — land that isn’t subject to local jurisdiction or taxes but still must abide by federal law.”

“The only way to do that would be on tribal trust land/Indian country land, and since federal law still bans cannabis, no, there’s no way,” Matthew Fletcher, a law professor at the University of Michigan told the newspaper. “That doesn’t mean tribes won’t do it, but they are at the complete mercy of the whims of the federal government’s decision to prosecute or not. It’s no way to do business. Same is true even if the state makes it legal.”

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A Republican-led proposal to legalize medical cannabis in the state officially died on Thursday, and although the GOP speaker of the assembly indicated that “there will still be a public hearing to build support for passage next session,” per the Associated Press, that “won’t occur until after the Assembly has adjourned for this year.”

Wisconsin is one of the few remaining states in the U.S. where neither medical nor recreational marijuana are legal. It is one of only 12 states with no medicinal law, and one of 26 that has not legalized recreational pot, according to The Center Square, an outlet that covers state-level politics.

The medical marijuana bill was “highly restrictive,” the Associated Press said, adding that the measure “drew opposition for being too conservative in severely limiting who could have access to medical marijuana and how it would be distributed, while others faulted it for not going far enough.”

The bill, pushed by GOP lawmakers who control both chambers of the state legislature, “would limit medical marijuana to severely ill people and allow for it to be dispensed at just five state-run locations,” while also banning smokable cannabis.

“The proposal would limit the availability of marijuana to people diagnosed with certain diseases, including cancer, HIV or AIDS, glaucoma, multiple sclerosis, inflammatory bowel disease, severe muscle spasms, chronic pain or nausea, and those with a terminal illness and less than a year to live,” the Associated Press reported.

This year’s legislative session in Wisconsin ends next week.

Democrats in the Badger State, including Gov. Tony Evers, have advocated for outright marijuana legalization. 

Evers said last month that he would support the Republican-backed medical marijuana proposal, suggesting that it could be a meaningful first step toward broader cannabis reform in Wisconsin.

“I would think that getting it all done in one fell swoop would be more thoughtful as far as meeting the needs of Wisconsinites that have asked for it,” Evers said at the time. “But if that’s what we can accomplish right now, I’ll be supportive of that.”

“Do I think we need to consider recreational marijuana? Of course,” Evers added. “I’ve been for it, so are a majority of the people [of] Wisconsin, but if this is a step in the right direction, let’s make it happen.”

Indeed, Evers, currently serving his second term as governor, has long been an outspoken champion of ending prohibition on pot.

Evers and other Wisconsin Democrats have contended that the state is losing valuable tax revenue to neighboring states in the Great Lakes region that have legalized adult-use marijuana. 

An economic analysis released last year found that Illinois, which began recreational pot sales in 2020, rakes in tens of millions of dollars a year from Wisconsinites who travel across the border for legal weed. 

“It should upset every Wisconsinite that our hard earned tax dollars are going across the border to Illinois. This is revenue that could be going toward Wisconsin’s public schools, transportation infrastructure, and public safety. Instead, Illinois is reaping the benefits of Republican obstructionism and their prohibitionist stance on marijuana legalization,” Melissa Agard, at the time the Democratic leader in the Wisconsin state senate, said in a statement following the release of the analysis.

“We are an island of prohibition and the people of our state are hurting because of it. As seen in our neighboring states, legalizing marijuana for responsible adult usage will generate significant revenue for our mainstreets, safely regulate the existing illicit market, reinvest in our agriculture and farming heritage, support entrepreneurship, and address the massive and egregious racial disparities from marijuana prohibition.”

Agard noted that “Wisconsinites paid more than $31 million – just in taxes – to Illinois in 2022,” and that the state’s “loss of potential revenue is even larger if we include taxes paid to Michigan, as well as Minnesota in the near future.”

“Republicans’ continued refusal to legalize marijuana is fiscally irresponsible…Wisconsin is losing out on significant tax dollars that could be used to make our communities stronger, safer, and healthier,” she said.

“The fundamental aspect of our job as legislators is to listen to the people we represent. The people of Wisconsin have been asking the legislature to take up common sense measures that will push our state forward. We know that legalizing cannabis for responsible adult use is wildly popular among Wisconsinites, including the majority of Republicans,” Agard added. “I fully support Governor Evers’ 2025-25 biennial budget proposal to fully legalize marijuana for responsible adult use, and if Republicans choose to remove it from the budget, I will once again introduce my bill to achieve this goal.  It’s high time we get this done for the betterment of our state and the people living here.”

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Wisconsin Republicans killed more than 500 proposals from Gov. Tony Evers (D) on Tuesday, including a proposal to legalize cannabis, among others that would pay for Milwaukee Brewers’ stadium renovations, create a paid family leave program and more, AP News reports.

Evers called the move “foolish.” He had proposed using the state’s record-high $7 billion budget surplus to fund a number of state spending priorities, which Wisconsin Republican leaders ultimately rejected. Members voted 12-4 to eliminate Evers’s provisions in the budget request.

“With a historic $7 billion surplus, we have a historic responsibility and opportunity to invest in needs that have long been neglected and build the future we want for our state,” Evers said on Twitter, before listing a number of the 540 priorities that were rejected in a thread. 

“These aren’t fringe ideas, controversial concepts, or Republican or Democratic priorities—they’re about doing the right thing. With a historic surplus comes historic responsibility, and today, when we can afford to do more, this vote is foolish and a wasted opportunity,” he added.

It’s not necessarily a shocking move, in regard to cannabis at least, since the Republican-controlled legislature has previously removed cannabis reform language from past budget proposals. Republican lawmakers in Wisconsin also previously warned that they would not allow an adult-use cannabis legalization proposal to progress.

The cannabis plan would have allowed adults over the age of 21 to purchase and possess up to two ounces of cannabis for personal use and grow up to six plants. The Department of Revenue would have been responsible for regulating the new cannabis market and issuing business licenses to prospective professionals in the cannabis space.

Evers’s office also estimated that the state would generate $44.4 million in “segregated tax revenue” from legal cannabis and a $10.2 million increase in state general fund tax revenue in fiscal year 2025, if the reform were to be enacted. 

The governor is already known for his continuous pardons, mostly involving low-level offenses and including cannabis offenses. As of April 2023, Evers has hit 933 pardons in just over four years in office.

“It is one of the most rewarding parts of my job as governor to have the opportunity to grant a fresh start to folks who’ve made efforts to learn and grow from their past mistakes,” Evers said. 

The onslaught of rejected proposals may be a case of déjà vu for Evers as well, as the governor also included recreational and medical cannabis legalization in his 2021 budget and decriminalization and medical cannabis in his 2019 proposal. The reforms were all blocked by the Republican legislature.

Last month, Assembly Speaker Robin Vos told the Associated Press that Republican lawmakers in the state were working to privately build support for a medical cannabis program aimed to gain bipartisan support, potentially to be enacted into law later this year. Vos also voiced that he is opposed to legalizing recreational cannabis and does not want to create a medical program to act as a precursor to the adult-use market.

However, it looks like Wisconsin voters are already setting their sights on broader horizons. An August 2022 Marquette Law School poll of 811 voters in the state showed bipartisan support for legal cannabis, with 51% of Republicans, 75% of independents and 81% of Democrats backing legalization. A total of 69% registered voters believed cannabis should be legal.

Additionally, continuing to stall on cannabis legalization is likely taking away potential state revenue. A report published earlier this year found that 50% of Wisconsinites 21 and older live within 75 minutes of an out-of-state cannabis retailer, likely to increase as Minnesota inches closer to legalization.

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Wisconsin Gov. Tony Evers issued another round of pardons last week, including 11 for individuals previously convicted of cannabis-related offenses.

Clemency has been a defining part of Evers’ gubernatorial tenure.

In May, Evers issued dozens to bring his total number of pardons to 498, with his office saying at the time that he had “granted more pardons during his first three years in office than any other governor in contemporary history.”

The first-term Democrat, who is up for re-election this year, granted another 49 pardons on Friday to bring his total up to 603.

“It is one of the most rewarding parts of my job as governor to have the opportunity to grant a fresh start to folks who’ve made efforts to learn and grow from their past mistakes,” said Evers. “Forgiveness is an important value I know we all share as Wisconsinites, and I’m grateful for the Pardon Advisory Board for continuing to prioritize this work, giving folks second chances so they can continue their work giving back.”  

As was the case in May, a number of last week’s pardon recipients had been previously busted on pot-related charges. The governor’s office provided brief descriptions of each of those individuals, and details of their offenses:

• “Cynthia Cook was 31 when she participated in selling marijuana to a confidential informant. A mother and caretaker, she now resides in Oconto Falls.”

• “Candace Davis was 40 when she sold a controlled substance to an informant and was subsequently found in possession of marijuana and controlled substances. Now 28 years later, she has maintained steady employment in Beloit, where she resides with her family.”

• “Deontae Hodges was 24 when he was found in possession of marijuana during a traffic stop. He resides in Milwaukee where he has maintained steady employment. The Court supports his pardon.”

• “Matthew Kasel was 20 when he purchased marijuana from an undercover officer. Now nearly two decades later, he owns an HVAC business and resides in Kaukauna with his family.”

• “Gerald Love was 27 when he was found in possession of marijuana. Since, he has earned his GED and CDL. He now resides in Milwaukee with his family.”

• “Leonard Maland was 25 when police caught him selling marijuana. Now, nearly three decades later, he drives trucks and owns a small mobile restaurant with his spouse in Eau Claire, where he now resides.”

• “Anthony Naber was not yet 20 when he sold marijuana to a confidential informant two decades ago. Residing in Wisconsin with his family, he has since obtained two associate degrees and volunteers in his community. The district attorney’s office supports his pardon.”

• “Matthew Raap was 18 years old when he sold marijuana and controlled substances to undercover officers. Now years later, he resides in Richfield where he has built a successful career in the cybersecurity field and volunteers to help incarcerated individuals receive their college degree. He received resounding community support for his pardon, including from both the Court and district attorney’s office.”

• “Jim Swanson was 25 when he sold marijuana to an undercover officer 28 years ago. He now resides in Ellsworth where he cares for his mother.”

• “Errick Weiser had marijuana growing on his property. He earned his bachelor’s degree and volunteers with his county’s fair board and the Wisconsin Parasite Museum. The district attorney’s office supports his pardon.”

• “Peter Wussow was in his 30s when he was mailed a package of marijuana, which he intended to sell with others. He has since built a career in welding and now resides in Oshkosh with his family.”

In addition to exercising his pardon power, Evers has also been a vocal champion of cannabis reform in the Badger State, repeatedly calling on lawmakers there to end the prohibition on pot.

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