This omission creates both risks and opportunities for Tribal operators. Because DEA registrants are required to source through the DEA as a wholesaler (currently priced at $113/kilo) and can only transact with other registrants, Tribal cannabis businesses—unable to register—may be cut off from newly-registered state licensees. However, this same restriction could let Tribes fill supply gaps for state operators who choose not to register, particularly in states with hybrid medical/adult-use markets.
On interstate commerce, the Order doesn’t authorize it outright but conditions registrant authority on state law. Since no state currently permits interstate cannabis commerce, Tribal nations could get ahead by amending their own codes to allow commerce between Tribal jurisdictions, positioning themselves as first movers once DEA registration eventually extends to them.
Regarding taxes, Tribal governments and their chartered corporations are already exempt from federal income tax, a status the IRS reaffirmed in December 2025 guidance. However, state-level taxes and 280E-style disallowances may still apply where Tribes operate under state compacts.
The article also stresses the continued relevance of the rescinded Wilkinson Memo (mirroring Cole Memo priorities) as a compliance benchmark, since the Order’s language on state regulatory adequacy echoes those same priorities. Tribes are encouraged to align their codes with Wilkinson Memo standards to reduce enforcement risk and prepare for future DEA registration eligibility. Overall, the piece frames the Order as a major but incomplete step, with significant unresolved implications for Tribal cannabis sovereignty and economic development.
