Pubdate: Fri, 12 Dec 2014
Source: Tulsa World (OK)
Copyright: 2014 World Publishing Co.
Contact:  http://www.tulsaworld.com/
Details: http://www.mapinc.org/media/463

DOJ SAYS TRIBES CAN DECIDE WHETHER TO LEGALIZE POT

Indian Nations Debate Opportunity Vs. Tribal Values About the Drug.

GRANTS PASS, Ore. - The U.S. Justice Department said Thursday that 
Indian tribes can grow and sell marijuana on their lands as long as 
they follow the same federal conditions laid out for states that have 
legalized the drug.

Tribes in northeastern Oklahoma were surprised by the unexpected 
announcement, which one leader pointed out won't have a discernible 
impact on his tribe because its laws already reflect the federal law 
in that marijuana is deemed illegal.

Muscogee (Creek) Nation Chief George Tiger called the Justice 
Department memorandum "kind of interesting," and he added that a 
potential change in his tribe's marijuana laws might be open for 
discussion at a future time.

"We've been successful in most of our economic development ventures, 
and certainly we talk about diversity, but I don't think this would 
fit what we would think in terms of diversifying economic 
development," Tiger said.

"And, again, our laws won't allow it right now, anyway."

Officials with the Osage and Cherokee nations were waiting until they 
had reviewed the DOJ's memorandum announcing the policy before 
commenting on what it could mean for their tribes. Amanda Clinton, 
director of communications for the Cherokee Nation, said the tribe 
had no input into the memo.

"We weren't monitoring this," Clinton said, noting that she learned 
of the policy through an online story. "We didn't even know this was 
under consideration."

Amanda Marshall, the U.S. attorney in Oregon, said Thursday that the 
announcement addresses questions raised by tribes about how 
legalization of pot in states such as Oregon, Washington and Colorado 
would apply to Indian lands.

Only three tribes have expressed interest in growing and selling 
marijuana, said Marshall, who co-chaired a group that developed the 
policy. One is in California; one is in Washington state; and one is 
in the Midwest, she said, but she did not name them.

"That's been the primary message tribes are getting to us as U.S. 
attorneys," Marshall said from Portland. "What will the U.S. as 
federal partners do to assist tribes in protecting our children and 
families, our tribal businesses, our tribal housing? How will you 
help us combat marijuana abuse in Indian Country when states are no 
longer there to partner with us?"

Marshall warned that the announcement is not a green light to tribal 
authorities - and that marijuana is still illegal under federal law. 
The U.S. government's prosecution priorities still involve 
pot-related gang activity, violence, sales to minors and trafficking, she said.

Problems could arise for tribes with lands in states that still 
outlaw marijuana due to the likelihood that marijuana would be 
transported or sold outside tribal boundaries, she added.

Seattle attorney Anthony Broadman, whose firm represents tribal 
governments throughout the West, said the announcement represents a 
"potential for an enormous economic development tool here.

"If tribes can balance all the potential social issues, it could be a 
really huge opportunity," he said.

But those social issues are monumental.

"Indian tribes have been decimated by drug use," Broadman said. 
"Tribal regulations of pot are going to have to dovetail with tribal 
values, making sure marijuana isn't a scourge like alcohol or tobacco."

Tribes selling marijuana may not be subject to state and local taxes, 
allowing them to undercut off-reservation sales. In Washington, taxes 
add 25 percent to the price of pot. But Alison Holcomb, a primary 
drafter of that state's legalization measure, said most people in 
larger states won't want to drive to far-flung reservations to buy pot.

"The reality is that so much of the market depends on convenience; 
it's not just price that drives consumer choices," she said.

The Yakama Nation in Washington state recently passed a ban on 
marijuana on the reservation and is trying to halt state-regulated 
pot sales and farming on lands off the reservation where it still 
holds hunting and fishing rights. The Hoopa Valley Tribe in Northern 
California has battled illegal pot plantations on its reservation, 
where it says they cause environmental damage.

Marshall said that with 566 tribes around the country recognized by 
the federal government, there will be a lot of consulting going on 
between tribes and federal prosecutors. As sovereign nations, some 
tribes have their own police; some rely on federal law enforcement; 
and some call in state and local police.

FROM STAFF AND WIRE REPORTS
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