Todd Ebling PhD , Mark Hall JD , Jessica King Jensen PhD , Sunday Azagba PhD
{"title":"部落大麻占有法:禁止在美洲原住民国家合法化。","authors":"Todd Ebling PhD , Mark Hall JD , Jessica King Jensen PhD , Sunday Azagba PhD","doi":"10.1016/j.amepre.2025.108046","DOIUrl":null,"url":null,"abstract":"<div><h3>Introduction</h3><div>Amid the significant evolution of marijuana policy in the U.S., with numerous states adopting more permissive regulations, a notable gap exists in understanding how American Indian/Alaska Native tribes govern marijuana within tribal jurisdictions. This study aims to systematically document the legal status of marijuana possession in tribal laws.</div></div><div><h3>Methods</h3><div>An archive of tribal possession laws was compiled as of January 2025 using the National Indian Law Library’s Tribal Laws Gateway database, and this was supplemented with internet searches of tribal websites. The retrieved legal documents were then classified into 4 groups: prohibited, decriminalized, medically permitted, and recreationally permitted.</div></div><div><h3>Results</h3><div>The analysis revealed significant heterogeneity in the marijuana possession laws of 185 tribes, ranging from strict prohibitions with varying penalties to decriminalization, medical legalization, and recreational legalization with diverse policy frameworks. Whereas some tribes had policies aligned with surrounding state laws, others maintained distinct policies that diverged from both state and federal regulations. Marijuana possession remained illegal in many tribes; 16 tribes decriminalized possession, 38 permitted only medical marijuana, and 78 legalized recreational marijuana<strong>.</strong></div></div><div><h3>Conclusions</h3><div>This legal mapping of tribal approaches to marijuana possession provides a novel understanding of the topography and extent of tribal marijuana regulation. It highlights the intricate regulatory environment shaped by tribal sovereignty and state and federal factors. The observed variability shows the need for clear federal guidelines that respect tribal self-governance and support the development of culturally appropriate regulatory frameworks tailored to the unique needs of tribal communities.</div></div>","PeriodicalId":50805,"journal":{"name":"American Journal of Preventive Medicine","volume":"69 5","pages":"Article 108046"},"PeriodicalIF":4.5000,"publicationDate":"2025-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Tribal Marijuana Possession Laws: Prohibition to Legalization Among Native American Nations\",\"authors\":\"Todd Ebling PhD , Mark Hall JD , Jessica King Jensen PhD , Sunday Azagba PhD\",\"doi\":\"10.1016/j.amepre.2025.108046\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><h3>Introduction</h3><div>Amid the significant evolution of marijuana policy in the U.S., with numerous states adopting more permissive regulations, a notable gap exists in understanding how American Indian/Alaska Native tribes govern marijuana within tribal jurisdictions. This study aims to systematically document the legal status of marijuana possession in tribal laws.</div></div><div><h3>Methods</h3><div>An archive of tribal possession laws was compiled as of January 2025 using the National Indian Law Library’s Tribal Laws Gateway database, and this was supplemented with internet searches of tribal websites. The retrieved legal documents were then classified into 4 groups: prohibited, decriminalized, medically permitted, and recreationally permitted.</div></div><div><h3>Results</h3><div>The analysis revealed significant heterogeneity in the marijuana possession laws of 185 tribes, ranging from strict prohibitions with varying penalties to decriminalization, medical legalization, and recreational legalization with diverse policy frameworks. Whereas some tribes had policies aligned with surrounding state laws, others maintained distinct policies that diverged from both state and federal regulations. Marijuana possession remained illegal in many tribes; 16 tribes decriminalized possession, 38 permitted only medical marijuana, and 78 legalized recreational marijuana<strong>.</strong></div></div><div><h3>Conclusions</h3><div>This legal mapping of tribal approaches to marijuana possession provides a novel understanding of the topography and extent of tribal marijuana regulation. It highlights the intricate regulatory environment shaped by tribal sovereignty and state and federal factors. The observed variability shows the need for clear federal guidelines that respect tribal self-governance and support the development of culturally appropriate regulatory frameworks tailored to the unique needs of tribal communities.</div></div>\",\"PeriodicalId\":50805,\"journal\":{\"name\":\"American Journal of Preventive Medicine\",\"volume\":\"69 5\",\"pages\":\"Article 108046\"},\"PeriodicalIF\":4.5000,\"publicationDate\":\"2025-08-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"American Journal of Preventive Medicine\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0749379725005215\",\"RegionNum\":2,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"MEDICINE, GENERAL & INTERNAL\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Journal of Preventive Medicine","FirstCategoryId":"3","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0749379725005215","RegionNum":2,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"MEDICINE, GENERAL & INTERNAL","Score":null,"Total":0}
Tribal Marijuana Possession Laws: Prohibition to Legalization Among Native American Nations
Introduction
Amid the significant evolution of marijuana policy in the U.S., with numerous states adopting more permissive regulations, a notable gap exists in understanding how American Indian/Alaska Native tribes govern marijuana within tribal jurisdictions. This study aims to systematically document the legal status of marijuana possession in tribal laws.
Methods
An archive of tribal possession laws was compiled as of January 2025 using the National Indian Law Library’s Tribal Laws Gateway database, and this was supplemented with internet searches of tribal websites. The retrieved legal documents were then classified into 4 groups: prohibited, decriminalized, medically permitted, and recreationally permitted.
Results
The analysis revealed significant heterogeneity in the marijuana possession laws of 185 tribes, ranging from strict prohibitions with varying penalties to decriminalization, medical legalization, and recreational legalization with diverse policy frameworks. Whereas some tribes had policies aligned with surrounding state laws, others maintained distinct policies that diverged from both state and federal regulations. Marijuana possession remained illegal in many tribes; 16 tribes decriminalized possession, 38 permitted only medical marijuana, and 78 legalized recreational marijuana.
Conclusions
This legal mapping of tribal approaches to marijuana possession provides a novel understanding of the topography and extent of tribal marijuana regulation. It highlights the intricate regulatory environment shaped by tribal sovereignty and state and federal factors. The observed variability shows the need for clear federal guidelines that respect tribal self-governance and support the development of culturally appropriate regulatory frameworks tailored to the unique needs of tribal communities.
期刊介绍:
The American Journal of Preventive Medicine is the official journal of the American College of Preventive Medicine and the Association for Prevention Teaching and Research. It publishes articles in the areas of prevention research, teaching, practice and policy. Original research is published on interventions aimed at the prevention of chronic and acute disease and the promotion of individual and community health.
Of particular emphasis are papers that address the primary and secondary prevention of important clinical, behavioral and public health issues such as injury and violence, infectious disease, women''s health, smoking, sedentary behaviors and physical activity, nutrition, diabetes, obesity, and substance use disorders. Papers also address educational initiatives aimed at improving the ability of health professionals to provide effective clinical prevention and public health services. Papers on health services research pertinent to prevention and public health are also published. The journal also publishes official policy statements from the two co-sponsoring organizations, review articles, media reviews, and editorials. Finally, the journal periodically publishes supplements and special theme issues devoted to areas of current interest to the prevention community.