Pubdate: Thu, 20 Aug 2015
Source: Tucson Weekly (AZ)
Copyright: 2015 Tucson Weekly
Contact:  http://www.tucsonweekly.com/
Details: http://www.mapinc.org/media/462
Author: Lex Talama
Series: News21: America's Weed Rush
Note: This is the first in a series of news stories, America's Weed 
Rush, an investigation of marijuana legalization in America, is the 
2015 project of the Carnegie-Knight News21 program, a national 
multimedia investigative reporting project produced by the nation's 
top journalism students and graduates.

TRIBES WAIT TO JUMP INTO WEED RUSH

Most Native American tribes are opting not to legalize marijuana, 
though at least two are poised to try it  just six months after a 
U.J. Justice Department memo indicated federal authorities likely 
would not interfere with growing marijuana on tribal lands if other 
federal crimes were not committed.

Many tribes exploring their options said that as U.S. citizens and 
sovereign nations, they deserve the right to choose to legalize as 
states have done. However, tribes continue to balk at the vague 
language of the Justice Department's so-called "Cole Memorandum" and 
the fear of federal prosecution.

"This is not the position of the entire federal government. It's very 
complicated," said tribal attorney Lael Echo-Hawk of the 
Seattle-based law firm Garvey, Schubert, Barer. "Tribes interested 
need to get some written assurance from their district attorney 
because possessing a Schedule I controlled substance carries serious 
penalties and is not something to be taken lightly."

The Cole memo notes that nothing in it "alters the authority or 
jurisdiction of the United States to enforce federal law in Indian 
Country," but leaves it to federal prosecutors to prioritize 
enforcement based on factors like distribution to minors, trafficking 
with criminal enterprises, drugged driving and possession on federal property.

"If tribes don't do this right, their situation could get a lot 
worse," said Robert Williams, director of the Indigenous Peoples Law 
and Policy Program at the University of Arizona. "The stakes are 
high, and the consequences could be disastrous."

Domestic violence, substance abuse and suicide rates on reservations 
are higher than the national average. Additional problems include 
poor housing and education systems. While some leaders believe 
legalizing marijuana would exacerbate the tribes' tribulations, 
others view marijuana as an economic opportunity to reclaim financial 
independence and improve the quality of life for their people.

"From a social standpoint, Natives have some of the highest 
percentages of the worst categories in this country in terms of 
suicide, drug abuse, child mortality ... indicators of a society in 
decline," said Brandon Cornelison, president of the Facebook group 
Native American Cannabis Coalition and a member of the Sac and Fox of 
the Mississippi in Iowa.

Tribes are concerned about the impact that legalizing marijuana might 
have on their youth and communities.

He supports legalizing, saying, "Something has to change."

The Pinoleville Pomo tribe in California plans to build a medical 
marijuana grow operation in Mendocino and the Flandreau Santee Sioux 
Tribe of South Dakota has decided to legalize and start selling 
marijuana by next year. Neither tribe would comment on the plans.

Native American sales on reservations are not subject to federal 
taxes. Tribes that favor legalization believe they could generate 
much-needed revenue through innovative business and pharmaceutical ventures.

Matt Bear, a member of the Meskwaki tribe of Iowa, said legalization 
presents an opportunity because Iowa currently has no manufacturers 
of medical marijuana.

"Patients need to travel four to 12 hours, to Colorado or Minnesota, 
to gain their medication," Bear said. "The tribe could take advantage 
of this opportunity for economic development and also provide a very 
stable and much-needed pharmaceutical."

Multiple companies have jumped at the chance to work with tribes in 
developing large-scale marijuana operations.

Shondel Barber, of the Lac Courte Oreilles Ojibwe in Wisconsin, said 
she would rather see people taking medical marijuana for pain than 
heroin or Vicodin and added that the revenue generated from marijuana 
could help the tribe.

"There have been so many cutbacks on so many programs," she said. 
"Our schools need money. Our Boys and Girls Club needs money. We need 
a bigger clinic. If we had more money, we would be able to provide 
more for people."

Other tribal representatives said they worry legalization will 
further increase high rates of drug use among Native Americans.

"We're already dealing with substance abuse," said Attorney General 
Alfred Urbina of the Pascua Yaqui Tribe in Arizona.

Even if legalizing marijuana could help tribes, many said they are 
leery of legalizing with only the Cole Memorandum as a guide.

"It's a policy decision, not a change in the law," Urbina said.

Participating in the marijuana industry may have other risks like the 
losing federal funding.

"Each time a tribe agrees to accept federal funding, they also agree 
not to violate federal law," said Echo-Hawk, who is also a member of 
the Pawnee Nation.
- ---
MAP posted-by: Jay Bergstrom