If Arizona legalizes marijuana next year, Indian tribes in the state won’t have to follow the same rules. But the same goes in reverse: if the state says no to green, tribes can decide to jump on the weed train any time.
In December, the Department of Justice issued a memorandum that clarified tribes’ role in the marijuana world. It said they are treated the same as states, meaning they make and follow their own prohibitions.
How likely is it that Arizona tribes will legalize mota before the state does, though? Not very, according to UA Indian law professor Rob Williams, whose expertise since 1987 is economic development in Indian Country. A big part of it is they don’t want to worry about another substance coming in that could lead to more problems than what they currently face with alcohol abuse, Williams says.
Still, he’s been working with tribe representatives to keep them up-to-date with the rapidly-emerging (and very lucrative) weed business.
The economic options for tribes aren’t solely based on growing and selling marijuana for locals, but maybe legalizing to attract outside investors—such as dispensary owners looking for growing facilities that don’t come with the tax baggage.
Tribes that possibly choose to grow marijuana on their land wouldn’t be subject to taxation, Williams says. “Arizona has a rather complex regulatory regime, which with marijuana, would not apply in reservations, places where you could leverage your investment dollars.”
“In California, we have had two very small tribes near Palm Springs announce multi-million partnerships for commercial medical marijuana,” he says.
But, the only way this would be a good idea is if it happens in a state that has already legalized weed, such as Washington. Otherwise, it wouldn’t make sense—buying pot in tribal land, then once you exit, you’re now in possession of a controlled substance. You’d be in deep shit and many tribes fear they’d be in deep shit, too.
(Remember, even though medical ganja is legal in the state, it is not allowed on any of the more than 20 reservations in Arizona. Your card doesn’t mean a thing there.)
He recommends tribes in Arizona that, if the state legalizes weed next year, it’s best to work cooperatively to create similar regulation. He points to Washington as a success story. The DOJ memorandum from a few months ago stemmed from tribes in Washington wondering what their role regarding weed was, since the state legalized it in 2012.
“Tribes are not on the sidelines, they are watching this very closely,” he says.
This article appears in May 7-13, 2015.
Beer drinkers are the largest, most lethal, terror group in America. They destroy over 10,000 innocent lives each year and over 88,000 will perish of alcohol related problems. One person is killed every half-hour in the US due to drunk driving. Each year over 16,000 are killed in alcohol related crashes. Alcohol is a factor in about half of all traffic fatalities. Every 2-3 minutes someone is seriously injured in an alcohol related crash. An estimated 20 million cases of beer are sold to Americans for consumption on a typical Super Bowl game day. Some of these people will end up driving drunk. There will be accidents. There will be deaths. There will be fights and domestic violence. There will be people puking, people passed out, and many folks will end up doing things they will really regret the next morning. Some people will die from an alcohol overdose. The narcotic, cancer-causing DRUG, ethanol found in beer, wine and liquor is the leading cause of fatalities for ages 16-20 according to National Institute of Health statistics and the leading cause of date rapes on college campuses across America. Cannabis… none of the above.
The National Highway Traffic Safety Administration of the US Department of Transportation just completed one of the most comprehensive studies ever made of marijuana and driving to date. They found that cannabis consumption was not associated with an increased probability of getting into an accident. Which is safer? The answer is obvious. No one in the recorded history of man has ever died of an overdose of cannabis. Our best evidence indicates that cannabis is not associated with an increase in traffic accidents! Cannabis is far safer than alcohol and provides a variety of medical benefits.
Legalize marijuana and regulate it like alcohol in 2016. This is the right thing to do for Arizonans and especially for our kids who are exposed to black tar heroin and meth by cartel dealers.
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And speaking of Weed: Did you know Pot Activist/Performance Artist Sherry Glaser will be performing her one-woman show “Taking the High Road: Comic Confessions From Behind The Cannabis Curtain” Sat., Jan. 16 and Sun. Jan. 17 (2016) at the Tucson Fringe Festival? Please come see this acclaimed show that debuted in NYC last year, and let’s keep this dialogue going.