OKLAHOMA:The Choctaw Nation Tribal Council held a Special Session on April 20, 2021, and voted to amend its Public Health and Safety Code regarding medical marijuana. The amendment will be automatically repealed on Nov. 13, 2021, and other legislation will be adopted. The amendment passed by an 11-1 vote.
Following the Oklahoma Court of Criminal Appeals ruling in the Sizemore case, applying the McGirt decision to the Choctaw Nation reservation, state-issued medical marijuana cards or business licenses were not recognized by the Choctaw Nation laws. Without an amendment, Native Americans in possession of a valid state medical marijuana license, within the Choctaw Nation reservation, could have been arrested and charged for marijuana-related offenses in tribal court. In November, Tribal Council will pass a new code covering medicinal marijuana or an extension of this temporary measure, otherwise the permitted use of medicinal marijuana within the Choctaw Reservation will expire.
In discussion of the amendment, Tribal Council indicated that their intent is to research this issue further and propose better rules and regulations concerning medical marijuana for Native Americans within the Choctaw Nation reservation that minimize misuse of medical marijuana.
For more information on the Choctaw Nation Tribal Council, including the full text of the measures passed in the session, please visit https://www.choctawnation.com/government/tribal-council/council-meetings-and-bills.