Mississippi: Indian Tribe Approves Referendum Regulating the “Possession, Production, and Distribution of Marijuana on Tribal Lands”

Members of the Mississippi Band of Choctaw Indians have voted in favor of referendum expressing support for the legalization of marijuana on tribal lands. It is the only federally recognized Native American tribe in the state, with more than 11,000 Tribal members on 35,000 acres of territory.

Referendum 2025-01 asked voters if they “support the Tribe developing legislation to decriminalize and regulate possession, production, and distribution of marijuana on Tribal lands.” Fifty-five percent of voters endorsed the measure, according to unofficial tribal election results posted on the Mississippi Band of Choctaw Indians facebook page. While absentee votes remain to be counted, there are not enough outstanding votes to change the election result.

In September 2023, members of North Carolina’s Eastern Band of Cherokee Indians decided in favor of a similar ballot measure permitting the use and sale of marijuana on tribal land. The tribe began selling cannabis products to tribal members the following spring and expanded sales to anyone age 21 or older that fall.

As of April 2025, there are 77 tribally owned cannabis outlets in nine states, according to data provided by Marijuana Business Daily. Currently, only North Carolina’s Eastern Band of Cherokee Indians is engaging in marijuana-related sales in a non-legal state.

During last year’s congressional session, Republican Representative Chuck Edwards introduced federal legislation to withhold certain federal funding from states and tribes that permit the use of marijuana for those age 21 or older.

Mississippi lawmakers approved medical cannabis access legislation in 2022. About 81,000 patients currently participate in the state’s access program. Minor marijuana possession (30 grams or less) has been decriminalized in Mississippi since the 1970s.