A Native American tribe in Nebraska, as well as cannabis reform activists, are punching back against the governor and state attorney general over recent comments suggesting that people would be prosecuted if they buy marijuana from businesses on its reservation.
Gov. Jim Pillen (R) and Attorney General Mike Hilgers (R) both made controversial remarks about the tribe’s cannabis program this week amid negotiations over a compact on tax revenue from tobacco sales.
Hilgers said that people who buy marijuana under the Omaha Tribe of Nebraska’s planned legal market on its reservation within the state do so “at their own peril,” implying enforcement action against citizens for purchasing what he described as a “poison” if they take it beyond the territory’s borders.
In response, the tribe’s attorney general, John Cartier, put out a statement condemning the top state officials, emphasizing that the state “cannot dictate our internal licensing” and that “retaliation and misinformation do not serve patients or taxpayers.”
“We continue to act in good faith and are ready to work with the Governor to find agreement that benefits both parties, but we caution him: if he is relying solely on the Attorney General’s flawed interpretation of the law, personal crusades are clouding his legal judgment as they have before,” he said. “If the State continues to retaliate or attempts to block our lawful enterprise, we will defend our sovereignty through all available means.”
Cartier said the notion that the tribe can’t sell marijuana under its regulatory model to non-tribal members is “wrong.”
“Nebraskans overwhelmingly approved medical cannabis last November, yet the administration has pursued litigation and commission actions that frustrate voter intent and depart from Nebraska law and the sponsors’ stated purpose,” the statement says. “None of this alters the jurisdictional line that preserves the Tribe’s authority on tribal lands. The Tribe has moved forward, as is our right, with regulations that align with statute. The State’s reaction misstates the law and distracts from patient-focused solutions.”
The tribe’s attorney general said its members are willing to compromise on the tobacco tax issue and accept a compact deal previously offered by the administration. But if that compromise plan is also being withdrawn, he said that would “demonstrate direct retaliation against the Tribe, and we will respond accordingly.”
“We prefer to work directly with the Governor on a tobacco tax compact that benefits both parties and respects sovereignty. Any attempt to leverage an unrelated, lawful medical cannabis program against compact discussions is improper. We look forward to the administration’s written position and we will respond through the proper channels.”
The tribe’s attorney general previously claimed that the state is using its efforts to legalize marijuana as an excuse to suspend negotiations on the tobacco tax deal.
Hellbound and Down 