Tribal Court Allows Dispensary to Remain Open Despite Challenge by St. Regis Mohawk Tribe

A Mohawk Tribal Court ruled that one of the dispensaries that was sent a cease-and-desist order earlier this month can remain open, according to an NCPR report. Chief Judge Carrie Garrow ruled that the Tribe failed to show evidence that the owners of Good Leaf are breaking the law—or that they are even the owners—or that the business is selling cannabis at all.

Good Leaf, which operates on Akwesasne tribal land in upstate New York, was one of seven businesses issued a cease-and-desist letter by tribal leaders who claimed they were illegally selling cannabis to adults without permission from the Tribe—which passed an adult-use ordinance late last month but has yet to issue industry rules and regulations or licenses.

The other six dispensaries are reportedly still operating as well.

Judge Garrow added in the decision that Good Leaf was issued a business license by the traditional Longhouse Council in Akwesasne. Many traditional Mohawks argue that they are not subject to governing councils established by the U.S. or Canada, the report says. The judge notes that the Tribe did not address that business license issued by the Longhouse and that the license is not for cannabis-related business, rather for “trade goods.”

In a statement, the St. Regis Mohawk Tribal Council called the decision “a procedural ruling” and that “the court erred, and the Tribe has filed today motions to reconsider given that the record is clear that Good Leaf admitted in court it is operating outside of tribal law.”

Good Leaf did not comment on the decision.

While New York state legalized cannabis earlier this year, adult-use sales have not yet commenced.