The 2018 Farm Bill: Impacts to American Indian Tribes Seeking to Produce Hemp

On December 12, 2018, Congress passed the 2018 Farm Bill which legalizes industrial hemp by removing hemp with less than .3% delta-9 tetrahydrocannabinol or THC from the Controlled Substances Act.

Importantly, the 2018 Farm Bill provides an administrative mechanism for American Indian tribes to assume primary regulatory authority over the production of industrial hemp and hemp products, including cannabidiol or CBD, on tribal lands. Specifically, tribes are required to develop and submit a comprehensive plan for monitoring and regulating hemp production on tribal land to the U.S. Department of Agriculture.

The 2018 Farm Bill also authorizes the transport and shipment of tribally produced hemp products nationwide and opens the door for federal crop insurance and federal loans to produce hemp.

If your tribe or tribal community is interested in producing hemp or hemp products, McAllister Garfield can help.

McAllister Garfield’s Tribal Cannabis Law Group consists of a team of lawyers with decades of experience working with tribes and tribal communities. In fact, we are the only law firm working in the hemp and cannabis space with expertise in Indian Country.

Our team has extensive experience creating tribal cannabis regulatory systems and engaging state, local and federal agencies in government-to-government consultation. We also have experience assisting American Indian tribes in navigating compliance issues related to hemp and hemp products and advising on tribal business structures.

Finally, McAllister Garfield is well-versed in the use of strategic litigation to vindicate tribal rights, including reaching a landmark settlement with the State of Wisconsin for a tribes’ right to grow hemp.

Should your tribe or tribal community need assistance with hemp and cannabis issues on tribal lands, including the acquisition of technical and financial resources, please do not hesitate to reach out to us to set up a consultation.


Garrett L. Davey, Esq.
McAllister Garfield, P.C.
Tribal Cannabis Law Group