Adornetto — Volume 65, Issue 2

Federal marijuana law creates a complicated framework for policy development at state, local, and tribal levels, with direct implications for Indian tribes and nations seeking to establish their own cannabis programs. The Controlled Substances Act classifies marijuana as a Schedule I drug with no currently accepted medical use, yet state governments have increasingly legalized medical and recreational cannabis despite federal prohibition. This tension between federal and state law becomes even more complex within Indian country, where tribal governments operate under federal sovereignty frameworks and face overlapping jurisdictions. Adornetto examines how the Wilkinson Memo and other federal authorities guide marijuana enforcement priorities, and how those priorities interact with state-legalized programs. The article analyzes Indian gaming law structures to illustrate the jurisdictional complexities tribes face when developing marijuana enterprises. The author argues that tribal governments should be able to develop cannabis programs that comply with federal enforcement priorities without state interference, particularly when states have legalized marijuana. The comment contends that Indian gaming regulatory structures should not be replicated in marijuana policy development.

Topics: Federalism · Administrative Law · Property

Keywords: Controlled Substances Act · Indian country · tribal sovereignty · marijuana legalization · Wilkinson Memo · state jurisdiction · federal enforcement · Indian gaming