Members of an Indian tribe in Mississippi have voted in favor of a referendum to legalize marijuana within their territory. Following a series of public hearings, the Mississippi Band of Choctaw Indians approved the cannabis reform by a margin of 55 percent to 45 percent, based on unofficial results released by the tribe.
Details of the Vote
The ballot posed the question: “Do you support the Tribe developing legislation to decriminalize and regulate the possession, production, and distribution of marijuana on Tribal lands?” This approval establishes the tribe as the only legal source for adult-use cannabis in Mississippi.
Chief Cyrus Ben clarified during one of the hearings that the vote does not automatically legalize marijuana on Choctaw tribal trust land. However, with the measure now approved, the Tribal Council plans to hire consultants to conduct a feasibility study on legalization and to research potential regulations.
Wider Tribal Trends and Legislative Context
This decision reflects a growing interest among certain Native American communities to pursue cannabis reform, even in the face of federal prohibition and restrictive state laws. Over 25% of Indigenous communities in the continental United States are now engaged in marijuana or hemp initiatives, as reported by the Indigenous Cannabis Industry Association in collaboration with legal firm Vicente.
In North Carolina, where cannabis remains illegal for both medical and recreational use, the Eastern Band of Cherokee Indians recently approved a legalization referendum, with sales commencing last year. This development has caught attention from lawmakers, including Senator Thom Tillis, who urged federal oversight regarding the legal implications of the policy.
Statewide legalization of marijuana also occurred in Montana through a ballot initiative in 2020. The legislature has since passed a bill allowing the governor to enter compacts with Indian tribes to facilitate their inclusion in the cannabis industry. A similar compact agreement system has already been implemented in Minnesota, where the governor signed the state’s first cannabis compact with the White Earth Band of the Minnesota Chippewa Tribe.
In 2020, the Oglala Sioux Tribe in South Dakota became the first tribe to vote to legalize marijuana in a state where it was still illegal. In Wisconsin, Indigenous leaders have organized a campaign named Wisconsin Wellness, advocating for the legalization of medical marijuana.
Mississippi legalized medical cannabis in 2022, but adult-use marijuana remains prohibited, highlighting the complexities of state and tribal interactions regarding cannabis legislation.
