Adult-Use and Medical Cannabis Legalized by Omaha Tribe of Nebraska

Image | adobe.stock/johnalexandr

Recreational and medical cannabis have both been legalized by the Omaha Tribe of Nebraska (1-3), becoming the first “fully legal and regulated medical and adult-use cannabis system in Nebraska,” (3). Tribal Council members voted unanimously and adopted Title 51 – Cannabis Regulatory Code. Once passed, the code was implemented immediately. The Omaha Tribe of Nebraska contains around 6,000 members that live on the Omaha reservation.

With the law adopted, adults are now able to “possess up to one ounce of marijuana on tribal lands,” (1). A part of the regulation is that a Cannabis Regulatory Commission be created, and they will be providing rules in relation to the sale of cannabis products to Tribal members and visitors, retail production, and testing. These new rules are expected to be formed and made final later in 2025. An additional measure in the law is that a pathway be formed for prior Tribal cannabis offenses to be expunged. Adults 21 years old and up will be able to utilize the adult-use program, which includes “non-Tribal visitors, on Reservation land,” (3).

“We are asserting our sovereign right to govern, protect our community, and build a sustainable economy that reflects our values,” Tribal Attorney General John Cartier said in a statement (1-3). “Title 51 [the Cannabis Regulatory Code] is the most comprehensive and forward-looking cannabis code in the region, that is rooted in our traditions and designed for our future.”

NORML reported that (1), “Under Nebraska law, marijuana possession is classified as either an infraction or a misdemeanor, depending on whether the violation is one’s first or second offense. Growing or selling cannabis is classified as a felony offense, punishable by up to 20 years in prison and a $25,000 fine.”

In Fall 2024, Nebraska voters approved cannabis-related ballot initiatives which would have legalized the dispensing of medical cannabis and its use (1). The initiatives were not found to be in support of the Nebraska Attorney General and other regulators. Officials selected by Nebraska Governor Jim Pillen (1), “adopted emergency rules gutting much of the initiative, including repealing patients’ access to botanical cannabis.”

“More and more, we see citizens and communities taking marijuana-related matters into their own hands when their elected officials are either unwilling to do so or are unresponsive to what their constituents demand,” NORML’s Deputy Director Paul Armentano expressed (1). “Legalizing and regulating cannabis access is a policy issue that is supported by most of the public. Lawmakers who continue to either ignore or undermine this issue can expect to be met with pushback from the public, particularly at the ballot box.”

References

1. Norml. Nebraska: Omaha tribe approves marijuana legalization on Reservation Lands Nebraska: Omaha tribe approves marijuana legalization on reservation lands https://norml.org/blog/2025/07/16/nebraska-omaha-tribe-approves-marijuana-legalization-on-reservation-lands/ (accessed Jul 16, 2025).
2. Abbott, G. Pennsylvania House passes cannabis legalization bill https://www.ganjapreneur.com/pennsylvania-house-passes-cannabis-legalization-bill/ (accessed May 12, 2025).
3. Omaha tribe of Nebraska becomes first in state to fully legalize and regulate cannabis https://www.omahatribe.com/omaha-tribe-of-nebraska-becomes-first-in-state-to-fully-legalize-and-regulate-cannabis/ (accessed Jul 16, 2025).