The journey of Tribal Nations in America to establish Indigenous cannabis businesses on sovereign lands is far from simple. Navigating the complexities of sovereignty, federal, state, and tribal laws can be challenging, but it also paves the way for economic development, job creation, and the reinforcement of tribal self-governance. These efforts highlight the importance of establishing robust regulatory frameworks while fostering a sustainable economic foundation for Tribal Nations.
Historical Landscape of Cannabis on Tribal Land
Tribal Nations in the U.S. have a unique sovereign status that allows them to govern themselves and enact their own laws. However, this sovereignty is tempered by the complexities of federal laws, especially those related to controlled substances. Cannabis, classified as a Schedule I substance under the Controlled Substances Act (CSA), has long been subject to strict federal enforcement on tribal lands. Despite these challenges, recent legislative shifts have created new opportunities for Indigenous communities to engage in the cannabis industry.
Turning Points in Legislation for Tribal Nations
The Cole Memorandum, issued by the U.S. Department of Justice in 2013, marked a significant turning point. This directive encouraged federal prosecutors to deprioritize enforcement of cannabis prohibition in states and territories where robust regulatory systems had been established. This opened the door for Tribal Nations to explore the potential of developing their own cannabis industries under tribal law. Additionally, the 2018 Farm Bill, which removed hemp from the CSA's definition of marijuana, further empowered tribes by recognizing their right to regulate hemp production on their lands, thereby reducing concerns about federal intervention.
Kelly Beaver and Flourish Software: Pioneers for Cannabis on Tribal Land
Kelly Beaver has played a key role in bridging the gap between traditional cannabis industries and the unique opportunities presented by Tribal Nations.
With a passion for sustainable economic development, Kelly's journey into the cannabis industry began in 2015. His early involvement with one of Washington state's largest tier 3 producer-processors gave him invaluable insight into cannabis compliance, inventory management, and track-and-trace systems, which would eventually lay the foundation for the development of Flourish Software.
Kelly's work in Washington State and later in Southern California, where he collaborated with the Santa Isabel tribe, has been instrumental in advancing cannabis initiatives within Tribal Nations.
His efforts helped establish regulatory frameworks that allowed tribes to license independent businesses on their lands, all while maintaining their sovereignty. This work also involved collaborating with industry experts like Colton Griffin and Bennett Adams to create Flourish Software, a track-and-trace system designed to meet and exceed state requirements for cannabis programs.
Iipay Nation of Santa Isabel Sovereignty and Federal Law
For the Iipay Nation of Santa Isabel, sovereignty played a critical role in their ability to navigate federal cannabis laws. As cannabis remains illegal at the federal level, the tribe had to leverage its sovereign status to establish an independent cannabis program free from federal oversight.
This program allowed them to license independent businesses on tribal land, creating a successful proof of concept that garnered interest from local counties. By showcasing their ability to manage cannabis compliance, the tribe contributed to shaping how counties in Southern California approached cannabis regulation.
Building State Relations
Building relationships with state and local authorities was essential for the tribe's cannabis success. Kelly and Flourish Software played a key role in fostering these relationships, demonstrating a commitment to compliance and operational discipline. By working closely with local government bodies, including city councils and deputy mayors, Flourish helped cultivate positive ties with state officials, dispelling the stigma surrounding the cannabis industry and paving the way for future expansion efforts.
Emerging Indigenous Cannabis Opportunities and Community Collaboration
The emerging cannabis industry provides endless opportunities, and it is crucial that Indigenous people and minorities alike access and leverage these opportunities to deepen community wealth. The Minority Cannabis Business Association (MCBA) recognizes the significance of collaboration with the Indigenous Cannabis Industry Association (ICIA) to ensure that both non-Indigenous minorities and Indigenous communities thrive in this new space.
As Mike Lomuto, MCBA Board Chair and ICIA 2023 Advocate of the Year, emphasizes, "The cannabis plant is one that heals and brings people together. As this industry stands up, we look forward to all standing up together.
This collaboration represents a critical effort to build bridges and foster inclusive growth across diverse communities in the cannabis sector. "
Employment and Community Impact
The introduction of cannabis businesses on tribal lands brought a range of high-paying jobs to the community, from electricians and contractors to HR managers and lighting specialists. These opportunities provided solid employment without necessarily requiring a college education. The tribe also prioritized community health and safety, implementing strict measures to ensure cannabis products were used responsibly and did not fall into the wrong hands. Education and safety programs focused on the medicinal benefits of cannabis, emphasizing regulated access to treat conditions that traditional pharmaceuticals could not.
Technology and Infrastructure Investments
To meet the needs of the emerging cannabis industry, the tribe invested in proprietary technology and infrastructure, including the development of Flourish Software. This software, designed by growers and industry experts, represented a significant advancement over the initial offerings introduced in 2012. Flourish provided a comprehensive tool for cannabis business management, enabling the tribe to adhere to state regulations while streamlining internal operations.
Advocacy and Flourish’s Role in the Success of Cannabis on Tribal Land
Kelly Beaver and Flourish Software have been strong advocates for Tribal Nations’ ability to manage their own cannabis programs. By exceeding state requirements for compliance and regulation, they demonstrated that Tribal Nations could effectively operate within the legal cannabis framework. This advocacy has been instrumental in changing perceptions and encouraging states to allow tribes to participate in state programs, benefiting both the tribes and the broader cannabis industry.
Flourish Software continues to play a pivotal role in supporting Tribal Nations' cannabis ventures. With customized software solutions and consulting services, Flourish helps tribes navigate the intricacies of cannabis compliance, ensuring they can operate successfully and maintain their sovereignty. As the cannabis industry continues to evolve, Tribal Nations are poised to lead the way, fostering economic growth, community development, and a well-regulated cannabis market.
