The Leech Lake Cannabis Commission (“Commission”) is issuing this notice to provide information related to the regulation of Cannabis on the Leech Lake Reservation. Permitting and regulation of Cannabis is the sole jurisdiction of the Leech Lake Band of Ojibwe within the exterior boundaries of Leech Lake Reservation. Recently, the Commission has been receiving questions about the authority and regulations of Cannabis, how to obtain a license for the cultivation of commercial cannabis, and when licensure will be available. We at the Commission hope this informational notice and Frequently Asked Questions section will provide some additional information as people consider entering the Cannabis market.
Current Licensing Structure & Timeline for Updates
Currently, the Cannabis Code and Regulations established by Leech Lake Band of Ojibwe are limited in nature. They were initially created to provide the Leech Lake Band of Ojibwe a preliminary foothold in the Cannabis market and allow time for the development of a more robust and comprehensive framework to license both Tribal and non-Tribally owned business operations. Recently, the State of Minnesota promulgated regulations for Cannabis businesses, filling in critical regulatory knowledge gaps. Now, Leech Lake is better positioned to update its Code and Regulations to facilitate not only licensure on Tribal land, but to ensure our updated Code and Regulations align with the Compact to enable off-Reservation activity as well. By waiting to understand the State regulations, we will be able to enact updates with greater consistency for businesses operating on the Leech Lake Reservation that would like to enter into the State market.
The Leech Lake Cannabis Code does not currently allow for the licensure of non-Tribally owned cannabis growing operations. This will be changing over the next few months as the Leech Lake Cannabis Commission proposes amendment to the Code that will allow for additional license types. These license types include a number of additional license types for Band members, and both Band and non-Band member licensure for Commercial Cannabis Cultivation and Cannabis Manufacturing, with certain restrictions for non-Band member licensure.
Once updates to the Code are complete, the Tribal Council will review the changes and, if deemed fit for public review, it will be available for a 30-day public comment period. The Commission is targeting a public comment period in the fall of 2025. Once the public comment period is complete and comments have been addressed, a final draft of the updated Code will go to Tribal Council for approval.
Following the review of the updated Code and during the public review period, the Leech Lake Cannabis Commission anticipates updating the Cannabis Regulations so they are consistent with the framework of the updated Cannabis Code. Once Tribal Council approves the amended Code, the Commission will adopt the updated Regulations through a temporary action that would make the Regulations valid for 90 days. During that 90-day period, these Regulations would be publicly available for review and comment and adopted as the updated Regulations by the Commission. Leech Lake anticipates this entire process to conclude later in 2025, targeting a full completion prior to the end of the year. During this process to update the Cannabis Code and Regulations, the Leech Lake Cannabis Commission will provide public notice of an opening date we are accepting applications for cannabis business licensure.
Cannabis Regulation in Conjunction with the State of Minnesota
It is important to note that Minnesota state law does not allow the MN Office of Cannabis Management (“OCM”) to issue state licenses for cannabis businesses within the exterior boundaries of the Leech Lake Reservation without the express authorization of the Leech Lake Band of Ojibwe. It is currently the position of the Leech Lake Band not to endorse State of Minnesota licensed cannabis operations within the Reservation.
In short, all parties interested in obtaining a commercial Cannabis business license should apply directly to the Leech Lake Band of Ojibwe Cannabis Regulatory Commission for licensure. To that end, it is advised to direct all inquiries related to cannabis operations and licenses to the Leech Lake Cannabis Commission Executive Director.
Frequently Asked Questions
- Q: I am a non-Tribal member. Can I get a License on the Leech Lake Reservation issued from the Leech Lake Band of Ojibwe?
- A: No, but this option may be available in the future.
- Q: What is the cost of a Commercial Cannabis Cultivation license?
- A: A fee schedule for all license types is under development and will be available to the public once finalized.
- Q: How long will it take to get a license once I apply?
- A: Processing times will vary depending on the complexity of your intended operations and the number of applications being processed by the Commission. The Commission intends make initial determinations on all applications in no longer than 30 days.
- Q: Are there draft applications that I can fill out for a Cultivation license?
- A: Applications are under development and will be available to the public once finalized.
- Q: How can I obtain a license for a retail dispensary?
- A: Information on additional license types, including Commercial Cannabis Retail licenses, will be forthcoming in the updated Code and Regulations. As for Cultivation licensing, applications will be made available once finalized and updates to the Code and Regulations are completed.
- Q: Will there be limits placed on the size of licensed operations?
- A: Non-band member licenses will have capacity limitations in line with the State of Minnesota’s smallest license type, the Microbusiness license. Band member licensing may also be subject to certain capacity limitations, upon the discretion of the Commission and in light of market conditions.
- Q: Should I start building out my facility now in anticipation of upcoming licensure?
- A: While any steps taken to become operational are a business decision for your company, we strongly recommend you discuss your plans with the Commission prior to expending funds to ensure your proposed operational plans align with the direction of the upcoming changes to the Code and Regulations.
- Q: Can I grow at home and sell into the commercial market, either on tribal land or off?
- A: No. Only those licensed by the Commission are eligible to sell commercially. The ability to sell off tribal land will depend on the final nature of the Compact with the State of Minnesota, which is also actively under negotiation.
- Q: I have questions about cannabis licensing. Who should I contact?
- A: The Commission is the regulatory authority for cannabis licensing for the Leech Lake Band of Ojibwe. Questions should be directed to the Commission at [email protected].