On June 13, 2025, in an update following the counting of absentee ballots, it was confirmed that the referendum regarding the legalization of marijuana on tribal lands passed with a final vote of 57 percent in favor and 43 percent opposed. Members of the Mississippi Band of Choctaw Indians, the only federally recognized Native American tribe in the state with over 11,000 members across 35,000 acres, voted to express their support for this pivotal measure.
Referendum Details
Referendum 2025-01 posed the question of whether voters supported the Tribe’s efforts to develop legislation to decriminalize and regulate the possession, production, and distribution of marijuana on Tribal lands. According to unofficial election results shared on the Mississippi Band of Choctaw Indians’ Facebook page, 55 percent of voters indicated their endorsement of the measure. Although absentee ballots were still being counted, it was determined that there were not enough outstanding votes to alter the outcome.
Context and Comparisons
In a related development, in September 2023, members of North Carolina’s Eastern Band of Cherokee Indians also approved a similar ballot initiative allowing the use and sale of marijuana on tribal land. The tribe began selling cannabis products to members in the spring of 2024 and extended sales to individuals aged 21 and older that fall.
As of April 2025, research from Marijuana Business Daily indicates there are 77 tribally owned cannabis outlets across nine states. Notably, North Carolina’s Eastern Band of Cherokee Indians remains the only tribe engaged in marijuana sales in a non-legal state.
Legislative Landscape
In addition to tribal regulations, Mississippi legislators approved medical cannabis access legislation in 2022, currently serving approximately 60,000 patients in the state’s medical program. Possession of minor amounts of marijuana (30 grams or less) has been decriminalized since the 1970s.
During last year’s congressional session, Republican Representative Chuck Edwards introduced federal legislation aimed at withholding specific federal funding from states and tribes permitting marijuana use for individuals aged 21 and older. This ongoing legislative scrutiny highlights the complex legal and regulatory environment surrounding the cannabis industry.
