DEA Special Comment Period For Cannabis Rescheduling: US Tribes Weigh In, Seek Recognition For 'Ancient Medicinal Plant'

Several tribes and organizations have issued public comments during the DEA’s hearing process on rescheduling cannabis. They are pushing for rescheduling as it is in keeping with their long traditions.

In their statements Ho-Chunk Nation, the Indigenous Cannabis Industry Association (ICIA) and the century-old Association on American Indian Affairs (AAIA) are advocating for sovereignty, changes in cannabis regulation and recognition of the medicinal value of ancient cannabis plant.

Cultural Significance For Tribes

The tribes emphasize the historical and cultural significance of using native plants, including cannabis, for medicinal purposes. “Hoocak Tribal Members continue to harvest traditional plants based upon longstanding use and knowledge of their medicinal properties. Through language and cultural revitalization, the number of Tribal Members who know of these powerful plant medicines has increased in recent years.”​ according to the Ho-Chunk Nation’s statement.

For the AAIA, Cannabis is just one more in a long list of ancient medicinal plants.

“Native Peoples have a long history of using native plants for a wide variety of medicinal purposes. Medicinal plants and their applications are as diverse as the Native Peoples who use them. Plant medicines are used more frequently than those derived from animals. In all, Native Peoples have identified over 400 different species of plants (as well as lichens, fungi and algae) with medicinal applications.”

Cannabis: A Mind Affecting Plant

A particular status arises from cannabis being grouped among “plants that affect the human mind.”

“The use of plants that affect the human mind dates back thousands of years to the earliest organization of human society into tribes, clans, sects, and other cultural assemblages. Since time immemorial, people discovered, used, and shared ever-increasing knowledge of psychoactive plants and fungi and their effects on the human body, mind, and spirit,” says the ICIA.

For these groups, cannabis has “a legitimate use in the treatment of specific conditions, including pain, and that it can be administered comparatively safely under medical supervision.”

“We stand for the liberation of plant medicines and an end to patriarchal policies that disrupt sacramental, ceremonial and health sovereignty in Indigenous Communities in the United States, with an alternative request for a Schedule V designation under the Controlled Substances Act.” proposes the commentary by that association, that represents nearly 600 autonomous Tribal Nations affected by prohibition.

Revenue Sharing Agreements And More

Beyond the cultural bond, these groups present several other compelling arguments in the economic and public policy side. They are pushing for revenue sharing agreements for activities such as cultivation, processing, and sales, which are not possible given the current federal legislation.

The tribes also have expressed that cannabis legalization can provide significant economic opportunities, helping to diversify tribal economies and create jobs. Several territories throughout the U.S. are already reaping the benefits.

The tribes are also advocating for education, prevention and treatment programs specific to their communities. They also call for policies that respect and protect the cultural and traditional uses of cannabis and other medicinal plants, ensuring federal regulations do not infringe upon these practices.

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Tribal Sovereignty And Cannabis

The tribes argue that policies should be developed with direct input from tribal nations.

At the heart of these arguments is a demand for sovereignty, stressing the need for meaningful consultation and collaboration with the federal government. They are not only advocating for the rescheduling of cannabis but also for the recognition of their inherent right to self-governance.

They assert that respecting their sovereignty includes allowing them to regulate cannabis according to their laws and traditions, free from state interference. As the Ho-Chunk Nation put it, “Tribes have an inherent sovereign authority to self-govern issues involving agriculture and economic development within its Tribal territory.”​

Cannabis & Tribes In The U.S.

The Ho-Chunk Nation, primarily located in Wisconsin, has decriminalized cannabis on its lands and plans to expand into the cannabis sector once statewide legalization is achieved​. The Indigenous Cannabis Industry Association (ICIA), representing a wide range of stakeholders across the country, supports policies that enhance health sovereignty and economic development for Indigenous communities​. This non-profit association is the owner of Canndigenous the first Native American hemp company in the country. The Association on American Indian Affairs, with no direct cannabis reported activity, is the oldest non-profit serving Native Country, focuses on protecting sovereignty and promoting traditional medicinal practices​.

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