The National Congress of American Indians (NCAI), the nation’s oldest and largest organization representing tribal governments, is calling on the U.S. Department of Justice to expand federal marijuana rescheduling to include tribally licensed marijuana businesses and products, arguing that the current policy excludes sovereign tribal nations from protections granted to state-licensed operators.
The organization adopted Resolution PSC-26-048 during its annual convention in Palm Springs, California. The resolution, made publicly available earlier this month, calls for immediate consultations between federal officials and tribal governments regarding the scheduling of marijuana under the Controlled Substances Act.
The action follows the Justice Department’s April order moving state-licensed medical marijuana and Food and Drug Administration-approved marijuana products from Schedule I to Schedule III. Although the order established a pathway for state-licensed marijuana businesses to obtain federal registrations, it did not specifically address businesses operating under tribal licensing systems.
NCAI argues that this omission could leave tribally regulated marijuana businesses outside the federal protections now available to their state-licensed counterparts, despite tribal governments operating their own regulatory programs governing cultivation, manufacturing, distribution and retail sales.
The resolution also criticizes the Justice Department for failing to conduct formal consultations with tribal governments before issuing the order. It cites Executive Order 13175, which establishes federal consultation requirements for policies affecting tribal governments, along with the Justice Department’s own consultation policies.
According to NCAI, federal officials determined that consultations were unnecessary because the rescheduling action would not substantially affect tribal governments. The organization disputes that determination, noting that numerous tribes have established regulated marijuana industries and previously communicated with federal officials regarding the proposed changes.
To address the issue, NCAI is urging the Justice Department to amend its existing rescheduling order to explicitly include marijuana and marijuana products licensed by tribal governments. Alternatively, the organization is requesting a separate federal order moving tribally licensed marijuana from Schedule I to Schedule III.
The organization is also calling for consultations that occur before additional federal decisions are made, allowing tribal governments to participate directly in discussions about how marijuana scheduling affects their jurisdictions.
NCAI has sent the resolution and a formal letter to Attorney General Todd Blanche requesting consultation.
Founded in 1944, NCAI has previously adopted several resolutions supporting the authority of tribal governments to regulate marijuana within their jurisdictions. The latest resolution builds on those positions while addressing the specific federal licensing and scheduling framework established earlier this year.
The issue is particularly relevant as tribal marijuana markets continue expanding across the country. Tribal governments have established cultivation facilities, processing operations and dispensaries under their own regulatory systems, with some operating independently of state marijuana licensing programs.
The distinction between state and tribal licensing carries significant implications under the April order. Because the federal framework specifically references state-issued medical marijuana licenses, businesses operating solely under tribal authorization may not qualify for the same Schedule III treatment or streamlined federal registration process.
The resolution comes as the Drug Enforcement Administration (DEA) continues a separate proceeding that could move the remaining marijuana classified under Schedule I to Schedule III. That broader process is awaiting a recommendation from DEA Chief Administrative Law Judge Derek Julius before Administrator Terry Cole makes a final determination.
Unlike the broader rescheduling proceeding, NCAI’s request specifically addresses the treatment of tribally licensed marijuana under the federal rules already implemented in April. The Justice Department has not publicly announced whether it will amend that order or initiate the consultations requested by the organization.
