MADISON, WI (WSAU) — A Wisconsin Indian tribe is suing the state over their ability to grow and produce certain hemp products containing THC.
According to court documents filed in Madison the St Croix Chippewa Indians of Wisconsin say the state has no right to regulate the production of hemp and the marijuana extract CBD on tribal property. Wisconsin recently passed a law allowing for industrial hemp production, but does not allow CBD production although the use of CBD is legal with a doctor’s note following the passage of Lydia’s law in 2014.
The tribe has reportedly been planning and building towards a hemp and CBD business to be operated on tribal ground near Danbury following the implementation of their own hemp cultivation and processing ordinance. It remains unclear how the tribe plans to use the hemp and CBD products once they are processed. The tribe only calls the plan an economic development opportunity that would create 15 full-time jobs.
While the hemp and CBD may come from the same plant as marijuana it contains less than .3 percent THC, the mind-altering chemical in marijuana.
Officials with the tribe claim any state involvement in the business would violate their rights as a sovereign people. State attorneys say they believe any challenge to the application of state laws on tribal land will fail.
CBD can be used for several medicinal applications, including the treatment of epilepsy.