Pubdate: Tue, 14 Jul 2015 Source: Herald and News (Klamath Falls, OR) Copyright: 2015 Herald and News Contact: http://www.heraldandnews.com Details: http://www.mapinc.org/media/2600 Author: Lee Juillerat TRIBAL CHAIRMAN SAYS GROUP IS FOLLOWING THE LAW Details of the Pit River Tribe's marijuana grow operation in Modoc County, near Alturas, have been released by tribal Chairman Mickey Gemmill Jr. He said earlier this year, the Pit River Tribe "joined the ranks of California and nearly two dozen other state governments by adopting a regulatory program that legalizes the cultivation of medical marijuana on tribal land. The tribe's decision was in response to the Oct. 28, 2014, guidance from the U.S. Department of Justice indicating that such activity would not trigger federal enforcement action, provided that measures were taken to prevent delineated conduct of concern to law enforcement. "The tribe's Medical Marijuana Program Ordinance is consistent with California's two laws governing cultivation, distribution and use of medical marijuana, the Compassionate Use Act and the Medical Marijuana Program Act, and in fact, goes well beyond those statutes to ensure compliance with the eight federal law enforcement priorities," Gemmill said. "Tribal law requires that all medical marijuana be grown only for qualified medical marijuana patients residing in California. The tribe also has adopted stringent regulations on inventory control, quality assurance, site security, member-patient criteria, plant tracking and plant limits, among other requirements, all of which go much further than the laws of the state." According to Gemmill, the Medical Marijuana Program "authorizes the cooperative association of qualified patients to cultivate marijuana for medical use, as long as they operate on a non-profit basis. No other individual or entity is permitted to cultivate marijuana on tribal land. In accordance with these laws, Pomari-Awte, an arm of the tribe with authority to administer the operational aspects of the Medical Marijuana Program, approved the creation of a patient cooperative to cultivate medical marijuana on the Tribe's land in Modoc County. Thereafter, program administrators reviewed and approved membership applications from qualified patients wishing to join the cooperative, known as High Desert Farms." Gemmill said the tribe created an independent regulatory agency to monitor and oversee the program to ensure compliance with tribal law, relevant federal policy and applicable California law. "Each medical marijuana plant is assigned to a particular patient, with each plant bearing the identification of the patient for whom it is cultivated and a unique serial number to ensure that each plant can be tracked. Again, these provisions go far beyond anything required by California state law, and are modeled after the more robust regulatory schemes in other medical marijuana states," Gemmill added. He said the tribe is experienced at operating within highly regulated industries, noting, "We've managed a well-regulated gaming facility for 19 years and felt very comfortable creating a robust regulatory environment for the Medical Marijuana Program." "The Oct. 28, 2014, Department of Justice's guidance memorandum addressing marijuana operations in Indian Country expressly instructs each U.S. Attorney to meaningfully engage in government-to-government consultation with Indian tribes in their district that seek to authorize marijuana activity on tribal lands," Gemmill said in the release. "We have been transparent in our conversations with the federal government and made no secret of our intent to exercise our sovereignty in the manner we believe appropriate. We consulted with the U.S. Attorney's Office prior to implementing our ordinance and continued to consult with that office and other government officials throughout its implementation." He said the tribe provided the attorney's office a copy of the Medical Marijuana Program Ordinance and a comparative analysis of how the program complies with the guidance memorandum and compares to state and local laws. "We pointed out the regulatory safeguards adopted by the tribe to comply with the enforcement priorities outlined by the Department of Justice in the guidance memo," Gemmill said. "We asked the U.S. Attorney's Office to identify any concerns and to advise the tribal government before taking any enforcement action against the tribal project." - --- MAP posted-by: Jay Bergstrom