Omaha Tribe legalizes medical and recreational marijuana on reservation lands

The Omaha Tribe of Nebraska is the first reservation within the state to pass comprehensive regulations for cannabis use. This follows the state’s efforts to regulate the substance after voters approved a ballot measure allowing the use of medical marijuana. Recently, the Nebraska Cannabis Commission passed emergency rules.

This positions the Tribe ahead of the state, which is still working on the rules for medical marijuana use. Under tribal rules, medical cannabis is allowed, as are retail sales to adults 21 and older, which includes non-tribal visitors while on reservation land. Omaha Tribe Attorney General John Cartier said this will boost the tribe’s economy since it opens up Tribal land for more businesses.

"There's going to be massive cuts across the board to Native American reservations due to recent budget changes with our federal laws that have gone through. So now more than ever, it's important for tribes to capture as much revenue as we can," he said.

The White House released a budget request for 2026, proposing cuts to Native American programs.

The new regulations are expected to be implemented by the end of this year. Cartier said the Tribe is prepared to defend its sovereignty in the court system if state officials oppose the decision.

"We're really following up and taking advantage of the slow rollout in the state, not creating a business-friendly environment, and us, as leaders and tribal sovereignty, as well as just state policy making, we're happy to fill that void," he added. "We want to be progressive and move forward and create an industry that's going to help both businesses and as well as consumers and public safety."

Neither Attorney General Mike Hilgers nor Gov. Jim Pillen could be reached for comment.

The regulations also include forming an oversight commission, strict licensing and enforcement, pathways for tribal member ownership and a pathway for non-tribal business partnerships.

"This is not just about cannabis,” Omaha Tribal Chairman Jason Sheridan said in a written statement. “It’s about creating real opportunity for our people, asserting our sovereignty, and showing the region what Tribal leadership looks like."

The Cole Memorandum issued by the U.S. Department of Justice in 2013 stated the Justice Department would not enforce federal marijuana prohibition in states, which would also apply to sovereign tribal lands. Other tribes in other states have since legalized cannabis use.

Cartier said the Omaha Tribe analyzed other states and tribes to determine best practices for its regulations. The tribe voted to change the cannabis code about 10 years ago.

Nebraska Public Media's Aaron Bonderson contributed to this report.