Thank you.
They're telling us to stand by.
The Hochunk Nation's legislature moved to decriminalize cannabis on its tribal lands.
It's a move, they say, that doesn't fully legalize marijuana.
Still, it raises legal questions as the drug is still illegal federally and in Wisconsin.
Joining us to address these questions is the Hochunk Nation Attorney General, William Gardner.
And thanks very much for being here.
Thanks for inviting me.
Tell me, why did the Hochunk vote to decriminalize cannabis?
It has been in the process of considerations by the Hochunk Nation since 2015.
In 2015, the general counsel got together and made a request that the legislature consider and research moving into the marijuana field in the sense of what can they do for economic expansion.
At that point in time, there was a start of the process and then the commitment was made that they would continue to do the research and in an effort to put the nation in the best possible position once and if any form of legalization occurred.
They moved forward with that effort, which has been continuing over the years with the criminalizing marijuana within the Hochunk Nation statutes, more than likely to begin preparing for the potential of the change of the the marijuana rules and the controlled substance act from a schedule one to a schedule three drug.
So it's all been positioning.
And this is for the most part, ground work.
What has been the reaction from the tribal community?
The decriminalization was the actual statutory change was made back in late March, early April, as I recall.
The community reaction has not been one where we've heard a lot. Again, as I mentioned, this was a desire or a policy directive given by the tribal membership back 2015.
The information had gone out. There were some fact documents that have been sent out.
I have not personally within my office received any direct responses over my office.
Excuse me, controls the police department and also we have the ability to comment on potential statutory changes and to address matters that I think might be important with community health and community protection.
Well, not a lot of information from tribal members, probably more just movement with the various directors and departments of the nation.
How does decriminalizing cannabis on tribal land square with state and federal law under which it remains illegal?
Well, the decriminalization, as you may know, or as others may not know, basically removes the potential for a crime violation or a conviction of a crime from somebody who may be arrested or charged with a crime under the current codes.
All of the, all of the illegalities of using marijuana are still in effect throughout the state of Wisconsin, as well as through the Hochunk lands.
But if the tribal member is in possession of an amount of marijuana on tribal lands, the decriminalization affects that individual by the tribal police.
Not filing a criminal charge against that individual and they wouldn't have to look.
I should say look forward to is wrong word, but they wouldn't have to worry about getting a criminal record that might affect education or housing applications or things of the sort.
So that's something that we see as a benefit to tribal members.
But it is not in any way bumping shoulders against legality. We're fully aware that marijuana is still illegal.
What did the tribes research show about the potential future of being part of the marijuana industry and the kinds of revenues that might be expected?
You know, when I was invited to peer here to answer some questions, I had to look into that myself. I had to do some research where I work.
I work in the executive branch. The legislative branch of the nation is the branch that files through on the policy directives and they're the branch that will be moving forward to determine whether or not economically this is something that's feasible.
So I can't directly answer those questions beyond my research, which I can only speculate. They see the communities in Michigan, in Illinois, and most recently over in Minnesota, preparing to engage in these and the economical aspect of marijuana.
The nation has a substantial number of tribal members who live over in Minnesota. Now, that doesn't mean that the tribe is going to go over there and get involved in any form of economics in that particular state.
But those tribal members who live there will more than likely be bringing back information that they have.
So I think ultimately there is going to be the continuing desire to get involved in various aspects of business once the state of Wisconsin and the federal government make some moves that are going to allow it to be legalized.
So in terms of that, with the DEA reclassifying marijuana down, essentially, as a less dangerous drug, do you expect the Ho-Chunk vote to decriminalize will kind of help prod the state of Wisconsin to move in the same direction?
If the idea is to try to get all of these, the state, the feds, and the tribes on the same page here?
I'm not sure if the Ho-Chunk decriminalization action by itself is going to prod the state of Wisconsin forward in moving towards either medical marijuana legalization or any additional aspects of legalization.
I know that there are some tribes that are getting themselves together to lobby in order to move forward.
But I think that it's going to be a continuing effort to try and get something done, perhaps in the medical marijuana field, but I'm not certain it's just that.
I'm sure there's also some considerations about wanting to expand further to get economic benefits for the nation.
You spoke very briefly to the health aspects of this.
Is it the sense among the tribal nation that decriminalizing cannabis could potentially help reduce opioid use?
The abuse of which is a problem statewide and for tribal nations?
I think there's a sense generally across the nation, perhaps I won't speak for other tribes, but there has been discussion here regarding reports that those states that have opened up with legalization of marijuana are beginning to find that the opioid use
that they had had at the start of their opening up is reducing and dropping down.
There's also some additional studies that are beginning to surface dealing with the effects of medicinal marijuana and dealing with various health aspects, which also include opioid addiction and things of that nature.
So we're watching it. It's too early to tell. There are not a lot of studies because as you may know, there are not a lot of people who can do studies in this area, considering the illegality across the nation.
Yeah. Well, we leave it there and we will watch this as it progresses. Attorney General William Gardner. Thanks very much.
Good. Thank you.
Thank you, sir. We really appreciate getting a top executive.
We'll talk about this.
Okay. I appreciate it. Thank you much. Have a good weekend.
You too.
Thank you.