Pubdate: Thu, 11 Dec 2014
Source: Los Angeles Times (CA)
Copyright: 2014 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Timothy M. Phelps

U.S. WILL LET TRIBES GROW AND SELL POT

Native Americans Can Opt to Have Marijuana Laws Enforced on 
Reservations or Not.

WASHINGTON - Opening the door for what could be a lucrative and 
controversial new industry on some Native American reservations, the 
Justice Department on Thursday will tell U.S. attorneys to not 
prevent tribes from growing or selling marijuana on the sovereign 
lands, even in states that ban the practice.

The new guidance, released in a memorandum, will be implemented on a 
case-by-case basis and tribes must still follow federal guidelines, 
said Timothy Purdon, the U.S. attorney for North Dakota and the 
chairman of the Attorney General's Subcommittee on Native American Issues.

It remains to be seen how many reservations will take advantage of 
the policy. Many tribes are opposed to legalizing pot on their lands, 
and federal officials will continue to enforce the law in those 
areas, if requested.

Southern California is home to nearly 30 federal and state-recognized 
Indian tribes, with a total population of nearly 200,000, according 
to state estimates. The largest tribes operate profitable casinos and 
outlet malls, including those by the Morongo, Cabazon, San Manuel and 
Pechanga tribes.

Representatives for several of the largest tribes could not be 
reached for comment.

The policy comes on the heels of the 2013 Justice Department decision 
to stop most federal marijuana prosecutions in states that have 
legalized the possession or sale of pot. Colorado, Washington, 
Oregon, Alaska and the District of Columbia have all moved to 
legalize the drug, though the D.C. law may be scaled back by Congress.

Some tribes see marijuana sales as a potential source of revenue, 
similar to cigarette sales and casino gambling, which have brought a 
financial boon to reservations across the country. Others, including 
the Yakama Reservation in Washington state, remain strongly opposed 
to the sale or use of marijuana on their lands.

Purdon said in an interview that the majority of Native American 
tribes, mindful of the painful legacy of alcohol abuse in their 
communities, appear to be against allowing marijuana use on their territory.

The federal government will continue to legally support those tribes 
that wish to ban marijuana, even in states that now permit its sale, 
Purdon said.

But the Justice Department will generally not attempt to enforce 
federal marijuana laws on federally recognized tribes that choose to 
allow it, as long as they meet eight federal guidelines, including 
that marijuana not be sold to minors and not be transported to areas 
that prohibit it.

"The tribes have the sovereign right to set the code on their 
reservations," Purdon said.

John Walsh, the U.S. attorney for Colorado, said a primary purpose of 
the memorandum to be released Thursday is to assure U.S. attorney 
offices and tribes that despite the changes in Justice Department 
policy announced last year, federal prosecutors still have the 
authority to prosecute marijuana felonies on tribal lands.

In many cases, federal prosecutors are the only ones permitted by law 
to prosecute marijuana felonies on tribal lands.

Walsh said that the new memorandum, like the one issued for states 
last year, emphasizes that states or reservations must have "robust 
and effective regulatory systems in place" and that federal 
prosecutors reserve the right to take broader enforcement actions.

The policy is likely to be criticized in states opposed to marijuana 
sales, particularly those with Native American reservations.

Kevin A. Sabet, an opponent of marijuana legalization, called the 
policy an "extremely troubling development." "It once again sends a 
message that we really don't care about federal drug laws," he said.

Sabet, director of the Drug Policy Institute at the University of 
Florida, said, "Native Americans and their families suffer 
disproportionately from addiction compared to other groups. The last 
thing they want is another commercialized industry that targets them 
for greater use."
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MAP posted-by: Jay Bergstrom