Pubdate: Thu, 11 Dec 2014
Source: Baltimore Sun (MD)
Copyright: 2014 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Timothy M. Phelps, Tribune Washington Bureau

JUSTICE DEPT. POLICY TO LET TRIBES GROW, SELL CANNABIS

States Opposed to Marijuana Sales Likely to Blast Move

WASHINGTON - Opening the door for what could be a lucrative and 
controversial new industry on some Native American reservations, the 
Justice Department will announce Thursday that it will not block 
tribes from growing or selling marijuana on the sovereign lands, even 
in states that ban the practice.

The new policy will be implemented on a case-bycase basis and tribes 
must follow federal guidelines, said Timothy Purdon, the U.S. 
Attorney for North Dakota and chairman of the Attorney General's 
Subcommittee on Native American Issues.

It remains to be seen how many reservations will take advantage of 
the policy. Many tribes are opposed to legalizing pot on their lands, 
and federal officials will continue to enforce the law in those 
areas, if requested.

But the plan could lead to the first legal sales of marijuana on the 
East Coast and in Western states currently opposed to legalizing marijuana.

The policy comes on the heels of the 2013 Justice Department decision 
to stop most federal marijuana prosecutions in states that have 
legalized the possession or sale of pot. Colorado, Washington, 
Oregon, Alaska and the District of Columbia have all moved to 
legalize the drug, though the D.C. law may be scaled back by Congress.

Some tribes see marijuana sales as a potential source of revenue, 
similar to cigarette sales and casino gambling, which have brought a 
financial boon to reservations across the country. Others, including 
the Yakama Reservation in Washington state, remain opposed to the 
sale or use of marijuana on their lands.

Purdon said the majority of Native American tribes, mindful of the 
painful legacy of alcohol abuse in their communities, appear to be 
against allowing marijuana use on their territory.

The federal government will continue to legally support those tribes 
that wish to ban marijuana, even in states that now permit its sale, 
Purdon said.

But the Justice Department will generally not attempt to enforce 
federal marijuana laws on federally recognized tribes that choose to 
allow it, as long as they meet eight federal guidelines, including 
that marijuana not be sold to minors and not be transported to areas 
that prohibit it.

"The tribes have the sovereign right to set the code on their 
reservations," Purdon said.

John Walsh, the U.S. attorney for Colorado, said the primary purpose 
of the memorandum to be released Thursday is to assure U.S. attorney 
offices and tribes that despite the changes in DOJ policy announced 
last year, federal prosecutors still have the authority to prosecute 
marijuana felonies on lands.

In many cases, federal prosecutors are the only ones permitted by law 
to prosecute marijuana felonies on tribal lands.

Walsh said that the new memorandum, like the one issued for states 
last year, emphasizes that states or reservations must have "robust 
and effective regulatory systems in place" and that federal 
prosecutors reserve the right to take broader enforcement actions.

The policy is likely to be criticized in states opposed to marijuana 
sales, particularly those with Native American reservations.

Kevin Sabet, an opponent of marijuana legalization and former adviser 
on drug issues to President Barack Obama, called the policy an 
"extremely troubling development."

"It once again sends a message that we really don't care about 
federal drug laws," he said.

Sabet, director of the Drug Policy Institute at the University of 
Florida, said, "Native Americans and their families suffer 
disproportionately from addiction compared to other groups. The last 
thing they want is another commercialized industry that targets them 
for greater use."
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MAP posted-by: Jay Bergstrom