Choctaw Native Americans could be be selling cannabis in Mississippi

Mississippi licenses to grow cannabis approved

Kudzu Cannabis in Canton, Miss., is one of the first companies to receive certification approval to grow cannabis in Mississippi.

Barbara Gauntt, Mississippi Clarion Ledger

The Mississippi Band of Choctaw Indians could be producing and selling recreational marijuana soon, if they choose to.

That is the consensus opinion of multiple experts in the industry.

It appears the MCBI is taking steps in direction of exploring decriminalization and regulation of marijuana possession, production, and distribution on Tribal lands. The group has scheduled a series of public hearings, May 12-28, to gauge the interest of the community ahead of what would be a referendum of the Tribal nation on June 10.

According to one report, the question that Tribal members will see on their June 10 ballots reads, “Do you support the Tribe developing legislation to decriminalize and regulate the possession, production, and distribution of marijuana on Tribal lands?”

The Asheville Citizen Times reported the marijuana market has been touted as a huge economic boon for the Eastern Band of Cherokee Indians, even as the drug remains illegal in North Carolina.

For Mississippi, that leads one to ask, if the Cherokee in North Carolina can begin to sell recreational marijuana in a state that doesn’t have any regulations backing cannabis sales, could the Mississippi Band of Choctaw Indians do the same thing in the Magnolia State?

The short answer is yes.

The Clarion Ledger spoke with multiple attorneys with experience in the medical and recreation marijuana industry, and all said the Mississippi Band of Choctaw Indians could begin selling cannabis for recreational use if they had gone through the regulatory process.

“What I can say that the MS Band of Choctaw Indians could open a cannabis grow and distribution facility,” Rod Kight, a cannabis lawyer and advocate from North Carolina, who focuses on legal support to all sectors of the industry, previously told the Clarion Ledger. “(MCBI can) because, as a sovereign body, they can choose to legalize within their borders, despite federal or state law. There are many ramifications and issues that this raises, but generally speaking, they can do it. In fact, it will be much like a state legalizing and setting up a grow and distribution program.”

The key, according to multiple attorneys in the cannabis industry, is that MBCI would have to grow, sell and test on tribal grounds. The product could not be transported off tribal lands, because Mississippi does not allow for recreational cannabis.

On the national level, Sen. Thom Tillis (R-NC), recently asked President Donald Trump’s pick, Terrance Cole, to lead the Drug Enforcement Administration to investigate the legal implications of tribes being able to invoke their own policies.

Cannabis as a revenue stream

In North Carolina, the Eastern Band of Cherokee Indians viewed the introduction of recreational cannabis as a revenue stream much like the introduction of gaming, which has proven to be a huge money maker throughout the years.

Here, the Mississippi Band of Choctaw Indians has been at the forefront in the gaming industry, having opened its first casino, Silver Star, in 1994. The MBCI makes sure to bill itself as “a federally recognized, self-governing tribe with over 10,000 members living on or near reservation land.”

When contacted this week Misty Brescia, the director of public information for MCBI, told the Clarion Ledger she could not speak to the specifics of the issue.

“I have talked to the (Mississippi Attorney General’s) office and unfortunately, I am unable to speak with you until after the initial presentation to the community has been given,” she said.

However, in a previous interview with the Clarion Ledger, Brescia that the idea of legalized marijuana was not on the radar for Mississippi’s tribal lands.

“Yes, I think so. I think we could. The federal government changed the rules so that Tribes could grow, sell, etc. marijuana,” Brescia said. “However, our code (laws) still says marijuana is illegal on Mississippi Choctaw Tribal Lands. Until that is changed, which is a Tribal Council decision, this isn’t even a possibility for us.”

She also said if the Tribal Council wanted to take it up, the voting process likely would not take long.

Ross Reily is a writer for the Clarion Ledger, part of the USA TODAY Network. He can be reached at rreily@gannett.com or 601-573-2952. You can follow him on the X platform, formerly known as Twitter @GreenOkra1.

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