Pubdate: Wed, 17 Dec 2014 Source: San Diego Union Tribune (CA) Copyright: 2014 Union-Tribune Publishing Co. Contact: http://www.utsandiego.com/ Details: http://www.mapinc.org/media/386 Note: Seldom prints LTEs from outside it's circulation area. NATIVE AMERICAN TRIBES AND THE MARIJUANA BUSINESS As if state and federal drug policies weren't already a mishmash of contradiction and confusion, the U.S. Department of Justice announced last week that Native American tribes can grow or sell marijuana on their reservations, even in states that have not legalized pot for medicinal or recreational purposes. The decision was a further recognition of the sovereignty of Indian lands. But its ramifications will be felt far beyond the reservations. Under the Controlled Substances Act of 1970, the federal government ranks marijuana in the same category of drugs such as heroin, cocaine, methamphetamine and PCP - defined as narcotics that have no established medical use and carry a high potential for abuse. But in 1996, California voters became the first to legalize marijuana for medical purposes, launching a movement that now includes 23 states. Four states have voted to legalize pot for recreational purposes as well. That growing conflict between state and federal law led the Justice Department earlier in the Obama administration to declare that it would respect the states' decisions as long as they follow certain guidelines, including action to prevent distribution of marijuana to minors and to prevent money from marijuana sales going to gangs or cartels. That hasn't worked out so well in California, leading to a hodgepodge of differing local ordinances throughout the state and creating a nightmare for local law enforcement agencies, not to mention neighborhoods concerned about crime and easier access to the drug by children. Last week's decision regarding Indian reservations in essence all but legalizes marijuana - for medical or recreational use - in any state where there's a reservation, even if voters or the legislature in that state have not legalized it. There are more than 300 Indian reservations in the United States, spread throughout 30 states. San Diego County has 19 reservations, more than any other county in the country, with reservation lands totaling more than 124,000 acres. As noted in the U-T San Diego news account of the Justice Department announcement, tribes that already operate a lucrative casino may not be interested in going into the marijuana business. On the other hand, poor tribes without a casino but with lots of land might suddenly discover they can grow and sell their way to riches. The Justice Department apparently has not established specific restrictions or regulations regarding tribal cultivation or sales of marijuana beyond the broad guidelines it asked of the states that have legalized medical or recreational use of the drug. The impact on San Diego's backcountry could be significant as tribes that decide to get into the business compete with each other, with the legal and illegal marijuana dispensaries that already operate in urban areas and with the international drug cartels. And it is yet another example of the administration skirting Congress to enact a major change in policy by decree. - --- MAP posted-by: Jay Bergstrom