Federal update: DOJ partially rescheduled medical cannabis to Schedule III (April 28, 2026 final order). State-licensed medical operators may apply for expedited DEA registration through June 27, 2026; DEA hearing on full rescheduling set for June 29, 2026.

Standing Rock + MHA Nation + Spirit Lake + Sisseton-Wahpeton

North Dakota’s 4 other federally recognized tribes plus Trenton Indian Service Area: Standing Rock Sioux Tribe (Fort Yates HQ, ND/SD border; Title XLIII Industrial Hemp 2021; Chase Iron Eyes); Spirit Lake Nation (Fort Totten near Devils Lake); MHA Nation / Three Affiliated Tribes (Mandan-Hidatsa-Arikara, Fort Berthold Reservation, Bakken oil-economy priority); Sisseton-Wahpeton Oyate (Lake Traverse Reservation, primarily SD; former chairman Robert Shepherd cannabis consulting). ~31,329 American Indian residents (4.9% of state population per ND Indian Affairs Commission).

Last verified: May 2026

Standing Rock Sioux Tribe

The Standing Rock Sioux Reservation straddles the North Dakota / South Dakota border, with tribal headquarters at Fort Yates, ND. Standing Rock has approached cannabis cautiously:

  • 2015: Attorney Chase Iron Eyes pushed a tribal referendum to legalize industrial hemp via constitutional amendment; then-Chairman Dave Archambault preferred to work through USDA permitting.
  • 2021: Tribe enacted Title XLIII (Industrial Hemp Regulation Code) governing hemp on the reservation.
  • Recreational or medical cannabis is not currently authorized under tribal law.

Tribal members must drive ~60 miles to Bismarck for the nearest licensed dispensary (Pure Dakota Health Bismarck) for state-licensed program access. Cross-border position with South Dakota (medical-only since 2020 IM 26) creates complex jurisdictional considerations for Standing Rock members on the SD side.

Spirit Lake Nation

Spirit Lake Nation is headquartered at Fort Totten near Devils Lake in northeastern North Dakota. The tribe has not enacted a public cannabis-specific code; tribal members have access to the state-licensed Curaleaf Devils Lake dispensary just off the reservation.

Devils Lake’s Curaleaf location was strategically positioned to serve the Spirit Lake area population. Tribal members face the same state-law framework as non-tribal North Dakota residents when off-reservation.

Three Affiliated Tribes (MHA Nation — Mandan, Hidatsa, and Arikara)

The Fort Berthold Reservation in west-central North Dakota sits atop a substantial portion of the Bakken oil formation, generating the most economically significant tribal economy in the state. MHA leadership has prioritized:

  • Oil and gas development.
  • Agriculture.
  • Tourism (Earthlodge Village, Lake Sakakawea).

Cannabis has not been a public priority for MHA Nation. Drug-testing policies in the oilfield economy actively discourage cannabis use — tribal members working in Bakken oil-and-gas operations face the same FMCSA Part 382 / OSHA / oil-industry drug-testing rigor as non-tribal Bakken workers.

Sisseton-Wahpeton Oyate (Lake Traverse Reservation)

The Sisseton-Wahpeton Oyate’s Lake Traverse Reservation is primarily located in northeastern South Dakota, with lands extending into southeastern North Dakota. Former chairman Robert Shepherd has publicly supported tribal cannabis economic development through cannabis consulting work, but no commercial cannabis activity has been launched on the North Dakota portion of the reservation.

Trenton Indian Service Area

The Trenton Indian Service Area community in Williams County is a Métis community recognized as eligible for federal services. The Trenton community has not enacted cannabis-specific provisions; community members access state-licensed product through Pure Dakota Health Williston.

Native American Population in ND

Per the North Dakota Indian Affairs Commission: approximately 31,329 American Indian residents (4.9% of the state population). Native American population is concentrated on the five tribal reservations and in urban centers (Fargo, Bismarck, Grand Forks, Minot).

Industrial Hemp Across Tribal Nations

All five North Dakota federally recognized tribes have addressed industrial hemp under the 2018 Farm Bill framework. Industrial hemp is the most consistent on-reservation cannabis-related industry. Specific tribal hemp programs vary in scale and operational status.

Cannabis Policy Variation Across the Five Tribes

The five North Dakota tribes have varying cannabis-policy postures:

  • Turtle Mountain: Title 56 medical authorized; no operational dispensary.
  • Standing Rock: Title XLIII Industrial Hemp 2021; no cannabis authorization.
  • Spirit Lake: no public cannabis code.
  • MHA Nation: oil-economy priority; cannabis not public priority.
  • Sisseton-Wahpeton: ND-side: no cannabis code; SD-side: tribal members access SD medical program.

The Federal-Tribal-State Jurisdictional Triad

Tribal cannabis policy operates against three jurisdictional layers:

  • Federal law: cannabis remains Schedule I (pending Schedule III rescheduling); CSA enforcement discretion lies with U.S. Attorneys.
  • Tribal sovereignty: tribes may regulate cannabis within their jurisdictions parallel to states under the 2014 Wilkinson DOJ memorandum framework.
  • State law: ND Compassionate Care Act applies off-reservation; concentrate Class C felony, etc.

Cross-jurisdictional movement of product creates exposure layers for tribal members and visitors. See sovereignty page.

Related on this site: Turtle Mountain Title 56, Send a Message, Contact CannabisNorthDakota.org.