Even though New York legalized recreational cannabis in March, new laws for cultivation and sales have yet to be established. Many lawmakers are blaming Governor Andrew Cuomo, D, for dragging his feet regarding cannabis commission appointments. Because of this delay in appointments, New York may not see legal sales begin for at least a year, if not longer. However, indigenous tribes in the state are moving forward and could have sales in their territories running by the end of the year.
But how can indigenous tribes set up their own recreational cannabis businesses when the state hasn’t started to set up rules and regulations yet? The law is complicated, especially involving tribes and state government relationships. In general, the simple way of understanding the law is that sovereign tribes are free to legalize cannabis within their distinguished territories separate from the state. This includes cultivation, sales, and taxes.
St. Regis Mohawk Tribe
The St. Regis Mohawk Tribe sits in the northern part of New York, close to the Canadian border. In 2019, the tribe began to work on regulations to establish their own regulatory structure for cannabis. Then they waited for the state to legalize recreational cannabis. On June 28th, the tribe voted to allow recreational cannabis sales in their territory, the first tribe in the state to do so. Now the St. Regis Mohawk Tribe is on track to start legal sales before the end of the year.
Because tribes are separate entities, they can create their own rules, their own taxes, and their own licenses for businesses. St. Regis Mohawk Tribe has established an entire regulatory structure in its current jurisdiction. Sales can only take place on tribal lands. Should a tribe want to move outside of its established territory, it would need to join into a pact with the state and follow their established rules. Since New York hasn’t established their rules, no sales can take place off the tribal lands.
This is a very unique time for tribes. St. Regis Mohawk Tribe is hoping these upcoming businesses can bring jobs and income. Brendan White is the tribe’s director of communications. He wrote to a local news station about the upcoming opportunities cannabis can offer the tribe.
“It provides an opportunity to diversify our local economy, provide needed employment and remit licensing fees to financially support the ongoing provision of essential community programs and services,” White said.
There isn’t an exact date set for the beginning of recreational cannabis sales for the tribe. However, sales will begin before the end of the year. This is a closer time frame than the state, who has yet to decide on rules to begin sales.
Shinnecock Indian Nation
The other tribe in New York state making moves towards recreational cannabis sales is the Shinnecock Indian Nation on Long Island. They followed shortly after the St. Regis Mohawk Tribe in allowing legal sales of recreational cannabis on tribe land. This tribe hasn’t begun to establish regulation rules for those sales yet. However, they currently have medical cannabis laws in place. Tribe leaders told local news that they broke ground on a 20,000 square foot cannabis cultivation facility for medical cannabis and eventual recreational cannabis.
“If the tribe does proceed forward with recreational cannabis, we’re also looking to have sales before year’s end,” said Bryan A. Polite. He is the chairman of the Council of Trustees for the Shinnecock Indian Nation. “There should be medical cannabis sales by the end of the summer and absolutely before the end of the year.”
Future
While New York state stalls regarding cannabis regulation rules along with cultivation limitations, the state’s indigenous tribes are moving forward. Recreational cannabis sales will be available in the St. Regis Mohawk tribe by the end of the year. The Shinnecock Indian Nation will most likely have legal sales, but on a later date. For now, they are focusing on medical cannabis for qualifying patients.
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