POTS STORES OPEN ON FIRST NATIONS

The issue of who can regulate the use and sale of cannabis on First Nations is part of the broader issue of establishing jurisdiction and governance on First Nations lands.

According to legal experts, it comes as the result of a lack of oversight from the federal government on the issue. In the year following legalization, two First Nations in Saskatchewan — Muscowpetung Saulteaux Nation and Pheasant Rump Nakota Nation — have opened dispensaries. Muscowpetung’s Mino-maskihki (“good medicine”) Cannabis Dispensary opened in November and Pheasant Rump Nakota Nation followed suit on Canada Day.

While they weren’t among the 51 issued a provincial license to do so, the First Nations say it’s within their inherent treaty rights to regulate Indigenous plants on their lands.

The Saskatchewan Liquor and Gaming Authority has warned that the bands that they are subject to provincial and federal laws when it comes to recreational marijuana.

The bands are arguing they have a sovereign right to pass their own cannabis regulations.

Pheasant Rump established its own regulations under its Traditional Medicinal Plants Act, while Muscowpetung passed the Muscowpetung First Nation Cannabis Act. Muscowpetung is seeking a declaration in Regina Court of Queen’s Bench that it has an inherent right to self-governance and the power to regulate cannabis under constitutional right of Indigenous people in Canada. Sask Justice Minister Don Morgan has met with Chief Anthony Cappo at least once since the store opened and has expressed that he prefers the matter be resolved outside court.