b'CANNABISour community members that wanted to get involved in thisSo it was at that time when (Mitchell) had started the industry were able to do so without being harassed by Ontarioconversation with the community. The specific business: there or Canada. seemed to be no resistance per se, not that we (council) had For Nipissing, McLeod says its first act was to place areceived, says Grand Chief Abram Benedict. So obviously the moratorium on any businesses dealing with cannabis and anywhole cannabis industry has changed since that time.approval of licences. Following processes laid out in its constitu- It took about five years, but Mitchell and his company Seven tion, Gichi-Naaknigewin (Anishinaabemowin for Big Law),Leaf received its licence last September. However, jurisdictional the First Nations leadership first held a community meeting inchallenges remain for Akwesasne.December which was followed by online and written surveys. For one, Seven Leafs licence is under the auspice of Health While cannabis still holds a stigma in many commun- Canada and will have to obey federal laws indicating they can only ities, the majority of the feedback indicated Nipissingasell cannabis to licensed retailers. This means the privately-owned community of close to 2,800 members with about 900 livingbusiness is unable to sell its product within the community.on-reservewas open to allowing the use and sale of cannabis on its territory. Further, Akwesasnea nation comprised of three districts In drafting the law, McLeod says, safety of the communitywith an on-reserve population of about 12,000 residentsis was paramount. We used the guideline of Ontario and federalsituated on the borders of Ontario, Quebec and the United laws to guide us through, and where we felt our laws need toStates, the latter of which still criminalizes recreational cannabis.be more specific to reflect our values, we amended those lawsThats a huge anomaly for our community because there accordingly, he says. are parts of our community that physically you can be in one The First Nation produced a draft law that meets andpart of your yard and have cannabis on you, and in another part exceeds federal and provincial regulations, with one significantof your yard be breaking the law where in the United States its change: the age requirement was increased from 18 to 21. strictly prohibited, Benedict says. So thats a huge considera-Our community felt that 18 was still a stage in our youthstion and concern that we want to make sure the community mental development that needed protecting and that it wouldcompletely understands, you know, what those impacts are.be (a) much healthier and smarter choice to extend the age toTransporting cannabis is another problem. It is illegal to where we can ensure better safety.cross the U.S. border with cannabis.While it is not written in the law, McLeod says any aspiringThose suppliers for two-thirds of our community will entrepreneur will be required to give back to the communityessentially have to bring it in by boat. And thats not viable under conditions written in the licence. because its, you know, thats the only transportation, is by boat, It wont necessarily be in the law. And we have not gottenbecause the other options are to (go) through the United States so far to talk about percentages, but it will be based on a modeland end up in jail.of money going back to the community to support healthIn an attempt to address some of these concerns, the council programs, educational programs for the youth on wise andpassed the Akwesasne Interim Cannabis Regulation two weeks healthy choices. before cannabis was legalized in Canada. In addition to points The draft of the cannabis law was produced in April about water transportation, the minimal age requirement is 18 and underwent further community consultations. The and a licence application fee of $2,000 applies.Nipissing First Nation Cannabis Law was enacted by a quorumNeither the administrations of Akwesasne, Nipissing nor of Council at the regularly scheduled meeting on Tuesday, Six Nations plan on establishing their own businesses. Hill says July 2, 2019. there are no plans at this time for Six Nations itself to pursue Both Nipissing and Six Nations respective laws were createdbusiness ventures in cannabis.to be amendable in order to adapt as the industry evolves.We are looking at a number of opportunities, to be strategic The primary complication is that while growing cannabisin what we get involved in, she says. Because our community for personal use is legal, cannabis to be sold for commercialis very entrepreneurial, we dont want to be direct competitors purposes must be obtained through the Ontario governmentwith our community members.through the Ontario Cannabis Store. As of May 2019, there are 25 licensed retailers in the province, with 50 more stores toStill, all three leaders have expressed frustration with being open in fall 2019.unable to provide input on Canadas Cannabis Act, and that the For the Mohawk Council of Akwesasne, the process oflicences they issue may not be recognized by either the federal allowing the cultivation of cannabis for commercial use on itsor provincial governments.territory began five years ago but under different parameters.Thats a real challenge and you know, its unfortunate that Lewis Mitchell, an Akwesasne member and former policethe federal government has designed a system that doesnt take officer in the community, reached out to the council looking tointo consideration our communities, says Benedict. Especially establish a business to grow and sell medical cannabis, whichwhen they say nation-to-nation (relationship) is important, has been legal since 2013 (medical cannabis has been legal tostirring economy and partnership is importantand this whole use since 2001). industry was developed contrary to all of that.22l ISSUE 1 2019C hIEfS ofo ntarIoA dvocAte magazInE'