Most Native American tribes are opting not to legalize marijuana, though at least two are poised to try it – just six months after a U.S. Justice Department memo indicated federal authorities likely would not interfere with growing marijuana on tribal lands if other federal crimes were not committed.
Many tribes exploring their options said that as U.S. citizens and sovereign nations, they deserve the right to choose to legalize as states have done. However, tribes continue to balk at the vague language of the Justice Department’s so-called “Cole Memorandum” and the fear of federal prosecution.
“This is not the position of the entire federal government. It’s very complicated,” said tribal attorney Lael Echo-Hawk of the Seattle-based law firm Garvey, Schubert, Barer. “Tribes interested need to get some written assurance from their district attorney because possessing a Schedule I controlled substance carries serious penalties and is not something to be taken lightly.”
The Cole memo notes that nothing in it “alters the authority or jurisdiction of the United States to enforce federal law in Indian Country,” but leaves it to federal prosecutors to prioritize enforcement based on factors like distribution to minors, trafficking with criminal enterprises, drugged driving and possession on federal property.
“If tribes don’t do this right, their situation could get a lot worse,” said Robert Williams, director of the Indigenous Peoples Law and Policy Program at the University of Arizona. “The stakes are high, and the consequences could be disastrous.”
Domestic violence, substance abuse and suicide rates on reservations are higher than the national average. Additional problems include poor housing and education systems. While some leaders believe legalizing marijuana would exacerbate the tribes’ tribulations, others view marijuana as an economic opportunity to reclaim financial independence and improve the quality of life for their people.
“From a social standpoint, Natives have some of the highest percentages of the worst categories in this country in terms of suicide, drug abuse, child mortality … indicators of a society in decline,” said Brandon Cornelison, president of the Facebook group Native American Cannabis Coalition and a member of the Sac and Fox of the Mississippi in Iowa.
Tribes are concerned about the impact that legalizing marijuana might have on their youth and communities.
He supports legalizing, saying, “Something has to change.”
The Pinoleville Pomo tribe in California plans to build a medical marijuana grow operation in Mendocino and the Flandreau Santee Sioux Tribe of South Dakota has decided to legalize and start selling marijuana by next year. Neither tribe would comment on the plans.
Native American sales on reservations are not subject to federal taxes. Tribes that favor legalization believe they could generate much-needed revenue through innovative business and pharmaceutical ventures.
Matt Bear, a member of the Meskwaki tribe of Iowa, said legalization presents an opportunity because Iowa currently has no manufacturers of medical marijuana.
“Patients need to travel four to 12 hours, to Colorado or Minnesota, to gain their medication,” Bear said. “The tribe could take advantage of this opportunity for economic development and also provide a very stable and much-needed pharmaceutical.”
Multiple companies have jumped at the chance to work with tribes in developing large-scale marijuana operations.
Shondel Barber, of the Lac Courte Oreilles Ojibwe in Wisconsin, said she would rather see people taking medical marijuana for pain than heroin or Vicodin and added that the revenue generated from marijuana could help the tribe.
“There have been so many cutbacks on so many programs,” she said. “Our schools need money. Our Boys and Girls Club needs money. We need a bigger clinic. If we had more money, we would be able to provide more for people.”
Other tribal representatives said they worry legalization will further increase high rates of drug use among Native Americans.
“We’re already dealing with substance abuse,” said Attorney General Alfred Urbina of the Pascua Yaqui Tribe in Arizona.
Even if legalizing marijuana could help tribes, many said they are leery of legalizing with only the Cole Memorandum as a guide.
“It’s a policy decision, not a change in the law,” Urbina said.
Participating in the marijuana industry may have other risks like the losing federal funding.
“Each time a tribe agrees to accept federal funding, they also agree not to violate federal law,” said Echo-Hawk, who is also a member of the Pawnee Nation.
This is the first in a series of news stories, America’s Weed Rush, an investigation of marijuana legalization in America, is the 2015 project of the Carnegie-Knight News21 program, a national multimedia investigative reporting project produced by the nation’s top journalism students and graduates.
This article appears in Aug 20-26, 2015.
I believe we need to look at this much more closely than a revenue enhancement. Lets see how much monies go to “EDUCATION” from such highly promoted as the lottery? Which was the gateway to Indian Gaming. I know several small companies where the owner went bankrupt trying to make up losses. Thousands lost their jobs millions were lost to creditors but it did have a gambling “HOTLINE” if you got in trouble . Has any one ever seen a success from that support group? the truth is Indian gaming wont even open their books and list who their investors are suspicious.
This proposed proposal put forth by MPP will create a new Department that if you read wants the same autonomy as the Indian reservations in control of the Recreational Marijuana market until 2020. This proposal is a Trojan Horse to HELL. If anyone thinks they can control the illegal market by giving the Department of Marijuana police powers to dealers and previous criminals to where they have a law to tax together your in a fantasy.
This MPP proposal takes away all Medical Marijuana puts it in the hands of previous felons and police. The Citizens passed MMJ out of compassion. to pass a law that away for monies in somebody else’s pocket and to deny the needy And will beat you down if you stray. This is just pure EVIL
lets ask MPP where the 120 million the state collected last year went ? Heck yes I can collect 120 million + and hand over a check for 40 million be given the key to the city and a ticker tape parade be the Golden Child for being so Socially conscious. My biggest problem is explaining how it took 80 million to give away 40 million. And the new department employees will be civil servants so the cost is
exponential in long term labor costs that you will need to add to the cost and to administer that.
I actually seen the next Administration going to court and making federal standards and tariffs and testing that will diminish the need for the Department of Marijuana. So many State’s have so many different conflicting way and practices that if causes an undo burden on personal rights commerce interests. It will make the Dept of MMJ Monopoly making criminal machine vicious in it’s attempt in survival..
I will apologize for consecutive posts this will be the last.
I just realized that 40 million is about right. If you look at the original Welfare program it took 68% of the monies congress gave it to administer the system. This is counting board employees facility equipment and outside contractors to collect data to compile an understanding of the system and it’s effectiveness. retirement and benefits. Then in the Clinton Administration this was streamlined cut benefits and shift administration over more to states in so many facets of the system.
So I would estimate by previous government bureaus the $40,000,000.00 estimate is an obtainable to mark it a success. All we need is the $120,000,000.00 to do it. Get rid of the medical patient like Thomas Jefferson said the increase of government is a equal loss of civil rights.
Here is even more reason and validation NOT vote for or endorse MPP’s proposed initiative . As it now being allowed to publish studies that were not able because DEA classification as not value on schedule so any study cant be quaintly reviewed and published with the FDA.
This is a study on Cannabis and it’s effect on diabetics Pima county is in an epidemic second most cases in the World next to Micro Indonesia.
http://www.fool.com/investing/high-growth/2015/08/23/the-findings-from-this-new-marijuana-study-may-sur.aspx
It is a very sad day in the humanity, of the marketing control of MMJ. These dispensaries know the shame they are perpetuating on the medical community with their criminal pricing and advertising saying their non-profit. MPP would gut all medical put it in the realm of subcultures and charlatans. These Dispensaries bent on some kind of weird cultural movement to propel them to success by giving away tax collected to Police enforcement and HMMM Education. In order to do this the diabetic goes under the bus. So If this passes and you see that wheel chair bound amputated blind citizens. Just think You voted for this.