Introduction: The marijuana policy landscape has evolved significantly, with many U.S. states adopting more permissive approaches. Relatively little is known about how Native Nations regulate marijuana on tribal land. This study aims to systematically document the legal status of marijuana in Native American tribal laws.

Methods: We used the National Indian Law Library’s Tribal Laws Gateway database to compile an archive of tribal marijuana laws as of January 2025 and supplemented it with the Westlaw database and targeted searches, including tribal websites. Retrieved documents were coded according to four categories of legal status: prohibited, decriminalized, medical use permitted, and recreational use permitted.

Results: We determined the legal status of marijuana for 185 Native Nations and included them in our archive. Native Nations vary widely in their approaches to prohibiting, decriminalizing, and legalizing medical or recreational marijuana, with some tribes aligning their regulations with surrounding state laws. In contrast, others maintain distinct policies that differ from state or federal regulations. Marijuana possession is illegal in many tribes, with varying penalties. Sixteen tribes have decriminalized possession, while 38 tribes have permitted only medical marijuana, and 78 tribes have legalized recreational marijuana, with varying regulatory frameworks.

Conclusions: This study catalogs the diverse legal approaches to marijuana adopted by Native Nations. It highlights the complex legal and regulatory environment created by the interplay of tribal, state, and federal jurisdictions. Clear federal guidelines that respect tribal sovereignty and support the development of effective and culturally appropriate regulatory frameworks are needed.