Pubdate: Fri, 26 Dec 2014
Source: Hour, The (CT)
Copyright: The Hour 2014
Contact:  http://www.thehour.com/
Details: http://www.mapinc.org/media/3245
Note: The following editorial appears on Bloomberg View:

WILL SELLING MARIJUANA REALLY HELP INDIAN TRIBES PROSPER?

Justice Department is attempting to solve a problem that almost no 
one knew about with a solution that almost no one asked for. The 
results -- so far, confusion and uncertainty -- have been entirely predictable.

The department announced this month that it would permit marijuana 
legalization on 300 or so Indian reservations in 30 states. The 
decision has perplexed American Indian leaders, who say that the last 
thing many tribes want is more lax federal law enforcement.

Whatever one may think of legalizing marijuana -- and there are 
plenty of causes for concern, especially regarding its health effects 
- -- the way to do it is not to let Attorney General Eric Holder simply 
pick and choose which federal drug laws he will enforce. Yes, 
prosecutors have discretion, and it may make sense to use it when a 
state's voters decide to legalize pot. It makes less sense when local 
officials not only haven't asked, but also rely on the federal 
government for law enforcement, as is the case with Indian reservations.

It's not a matter of autonomy -- tribal rights are protected by 
treaty -- so much as public health. American Indians have rates of 
alcohol dependency well above the national average. Ditto for tobacco 
and illegal drug use. Mortality rates, too. Keep in mind that regular 
marijuana use causes respiratory problems and impairments in thinking 
and memory (especially in young people), and that for many it leads 
to addiction.

Meanwhile, poverty rates on reservations and labor force 
participation rates are low. On the long list of things the U.S. 
government could do to improve life on Indian reservations, making it 
easier to get marijuana does not make an appearance.

That said, Holder's directive is problematic from a legal standpoint 
as well. It doesn't automatically legalize pot on reservations. 
Rather, it allows tribes to petition U.S. attorneys to adopt the same 
look-the-other-way policy that now governs Colorado and Washington. 
The Justice Department says permission won't be granted unless the 
tribes adopt strong regulatory and enforcement frameworks, but that 
leaves local (and unelected) U.S. attorneys with the power to decide 
whether tribal rules are adequate to protect people from marijuana's dangers.

Leaving aside the question of why tribes, unlike states, wouldn't be 
allowed to judge that for themselves, U.S. attorneys are not public 
health experts. Their offices exist to enforce laws, not to negotiate 
them away.

Legalizing marijuana on reservations in this way will also create 
needless conflict and confusion within and among the states. The 
Mohegan Tribal Council in Connecticut, a state where marijuana is 
illegal, is interested in the possibility of connecting its 
struggling casino to a marijuana shop. Allowing the public to buy pot 
on reservations but not to go home with it will lead to chronic 
law-breaking -- or a surge in driving under the influence. Or both.

Obama's nominee to succeed Holder as attorney general, Loretta Lynch, 
is no stranger to enforcing drug laws, having served as the U.S. 
attorney for parts of New York City. At her confirmation hearing next 
year, senators should ask her to send this policy up in smoke.
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MAP posted-by: Jay Bergstrom