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 - --- MAP posted-by: Jay Bergstrom