>> Yeah. All right. Professor McCleod, thanks very much.
>> Thank you very much. >> Ho-Chunk 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
Ho-Chunk Nation Attorney General William Gardner. And thanks very
much for being here. >> Thanks for inviting me.
>> Tell me why did the Ho-Chunk vote to decriminalize cannabis?
>> It has been in the. Process of considerations by the
Ho-Chunk nation since 2015. In 2015, the General Council 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 a 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
decriminalizing, marijuana within the Ho-Chunk nation
statutes more than likely to begin, preparing for the
potential of the change of, the marijuana rules under 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, groundwork. >> How does decriminalizing
cannabis on tribal lands Square with state and federal law under
which it remains illegal? >> The decriminalized ation, 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 Ho-Chunk 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 his 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 a tribal
members, but it is not in any way, bumping shoulders against
the legality. We're fully aware of that, marijuana is still
illegal. vote to decriminalize will kind
of help prod the state of Wisconsin to move in the same
direction? 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, to
try and get something done, perhaps in the medical marijuana
field, but I'm not certain. >> It's just that, 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
could 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. this as it progresses.