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.”

The post Ho-Chunk Nation Decriminalizes Cannabis first appeared on High Times.

The post Ho-Chunk Nation Decriminalizes Cannabis appeared first on Paradise Found.

Two cannabis bills were recently sent to the desk of Gov. Gretchen Whitmer, and if passed, would work in tandem to allow the Cannabis Regulatory Agency (CRA) to do business with local Native American cannabis businesses, and vice versa.

Currently, state licensed cannabis and tribal cannabis businesses must operate separately from one another and cannot trade or do business with one another. Senate Bill 179 and Senate Bill 180 would permit these two distinct parts of the industry to interact.

“According to committee testimony, the marijuana industry regulated by the CRA and businesses operated by tribal members on tribal lands are currently in two separate silos, meaning that product cannot be sold between these businesses,” the analysis stated. “The bills are intended to allow for the sale of product between the two types of businesses while maintaining a level playing field by requiring tribal businesses to pay the same tax rate as other businesses.”

SB-180, sponsored by Sen. Roger Hauck, would allow the CRA to enter into an agreement with a Native American tribe “regarding marijuana-related regulatory issues that involve the interests of Michigan and the Indian tribe, including those related to the commercial growing, processing, sale, testing, transportation, and possession of marijuana.” Tribal businesses would be exempt from the 10% state excise tax on cannabis but would instead implement a tribal tax of 10% instead.

It also includes a section clearly stating that it is not unlawful to conduct these agreements. “The act currently provides that certain acts performed by licensees are not unlawful; not an offense; not grounds for seizing or forfeiting property; not grounds for arrest, prosecution, or penalty in any manner; not grounds for search or inspection except as authorized by the act; and not grounds to deny any other right or privilege.”

SB-179, sponsored by Sen. Jeff Irwin, amends state law to give a portion of state cannabis tax revenue to tribes who allow state licensed cannabis business on their land. “The bill would provide that, if a marijuana retailer or microbusiness is located in Indian lands, the portions of the unexpended balances attributable to the marijuana retailer or microbusiness that would otherwise have been allocated to a municipality and a county as described above must instead be allocated to the Indian tribe in whose Indian lands the marijuana retailer or microbusiness is located.”

Both SB-180 and SB-179 must be passed in order for them to take effect. The Native American tribes in support of this include the Grand Traverse Band of Ottawa and Chippewa Indians, Saginaw Chippewa Indian Tribe, as well as the CRA, Common Citizen (a Michigan-based cannabis brand), and Michigan Cannabis Industry Authority.

Numerous other cannabis- or psychedelic-related bills have also been working through the legislature recently. In July, the Michigan Civil Service Commission adopted a rule to stop cannabis drug screenings for most state government employees. Commission member Nick Ciaramitaro explained that it’s long overdue to implement the new rule. “Whether or not we agree with it or not is kind of beyond the point,” said Ciaramitaro. “Use of marijuana on the job is different than having used it months before you take the test … It doesn’t make sense to limit our ability to hire qualified people because they took a gummy two weeks ago.” The rule took place starting on Oct. 1.

In September, Michigan legislators passed a resolution and asked congress, the Department of Defense, and Department of Veterans Affairs to “prioritize research and investment in non-technology treatment options for servicemembers and veterans who have psychological trauma as a result of military service.”

The resolution also addresses how “effective treatment options for these conditions vary from servicemember to servicemember” when it comes to psychedelic treatments. 

It also adds the importance of supporting veterans’ family members as well, stating that “resources should be made available to help them understand and assist their loved ones who may be suffering from psychological trauma. Family members of servicemembers or veterans with behavioral health problems may experience family violence and aggression, lower parenting satisfaction, and child behavior problems.”

A new bill introduced earlier this month focuses on cannabis for students kindergarten through 12th grade. If passed, it would allow cannabis to be on campus for medical use, as long as two medical professionals have provided written permission. Additionally, teachers would oversee administering the medicine.

In August, the Michigan Cannabis Regulatory Agency reported cannabis revenue was at record-highs, having collected $276 million in sales for the month of July. Despite high sales numbers, many cannabis businesses have reported low profits. National Cannabis Industry Association’s senior economist, Beau Whitney, explained the effects of new licenses being approved, creating endless competition. “It’s kind of a race to the bottom, as they call it,” said Whitney. “Prices are going down, down and down because there’s so much competition, but at some point, prices won’t be able to go down any further.” 

The post Michigan Governor To Review Cannabis Regulatory Agency, Tribal Business Bills appeared first on High Times.

The post Michigan Governor To Review Cannabis Regulatory Agency, Tribal Business Bills appeared first on Paradise Found.

The post South Dakota Tribes and Advocates Continue Push for Legal Cannabis appeared first on Paradise Found.