Lippes Mathias Wexler Friedman: Tribal Regulation Of Marijuana Is A Public Health Imperative

CANNANNEW REPORT

Originally published at the Mondaq platform https://www.mondaq.com/unitedstates/cannabis-hemp/1103222/tribal-regulation-of-marijuana-is-a-public-health-imperative by Carol E. Heckman (Ret.) (Buffalo) and Lee M. Redeye (Buffalo) Lippes Mathias Wexler Friedman With the legalization of recreational marijuana sweeping across the states one-by-one—and the possibility of federal legalization—Tribes are in a unique position to capitalize on this emerging market. When Tribal governments are deciding whether to engage in this new industry, they have several considerations including legal, cultural, economic, and public health and safety considerations. In other words, Tribes will have to answer the questions of: Can we? Should we? And how? This latter question typically gets lost in the debate or is given little emphasis in formulating answers to these important policy concerns. Public health, however, is arguably the most important factor for Tribal governments to consider after they have decided to engage in the cannabis industry. Tribal regulation of the on-reservation cannabis industry is the most important component of creating a safe and successful cannabis market in Indian country. Robust policy development and enforcement of cannabis regulations will further strengthen Tribal governance and Tribal judicial structures while preserving public health and safety. Some examples of sound public health policy regarding the legalization of cannabis are: advertising and packaging restrictions; preventing driving under the influence; controls to deter the diversion of legal cannabis to the black market, and; robust quality control and testing policies. Regardless of whether a Tribal government decides to create a wholly-owned cannabis industry, or allow member-owned businesses to participate, proper regulation will be critical to creating an on-reservation cannabis market that benefits the greatest number of Tribal members while protecting Tribal communities. A legal cannabis market in Indian country also has the potential to address health issues of significant concern to Tribal nations. Although federal policy restrictions have hindered medical cannabis research, the existing literature is promising for the…

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Source : Lippes Mathias Wexler Friedman: Tribal Regulation Of Marijuana Is A Public Health Imperative

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