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.
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MAP posted-by: Jay Bergstrom