Omaha tribe testing tribal cannabis sovereignty with tobacco tax

Advocates including this interested party point to Tenth Amendment rights empowering tribes to legalize cannabis. 

A dispute over cannabis has put the Omaha Tribe of Nebraska at odds with the state's attorney general and Omaha Tribe Attorney General John Cartier.

The Omaha Tribe says it seeks to keep 90% tobacco tax revenue while also taking on additional regulatory duties from the state, subject to negotiations. “Even if we think we have a legal right … they’re probably more than willing to fight that in the courts,” Cartier told commissioners Monday, referring to the Nebraska AG’s Office. State regulations from the Nebraska Medical Cannabis Commission, nearing final approval, have been criticized by many members of the public as overly burdensome. Cartier said the tribe hopes to provide a “stark contrast” to the state regulations and promote access to medical cannabis, a topic he said “should have nothing to do” with tobacco taxes. [Omaha Tribe moves ahead with marijuana, accuses Nebraska AG of ‘retaliation’ in tobacco tax talks]

The State of South Dakota receives revenue from the Flandreau Santee Sioux Tribe through a compact with the 423 member Isanti Dakota Oyate but disputes over cannabis, liquor and gaming have been ongoing for decades. 

White people in South Dakota are clearly too stupid to manage the industry and if the Neanderthal South Dakota Legislature had any integrity or ethics (they don’t) they would empower the tribal nations trapped in South Dakota to be the sole cannabis producers, inspectors and distributors in the state (they won't).