Pubdate: Tue, 16 Dec 2014
Source: Oneida Daily Dispatch (NY)
Copyright: 2014 The Associated Press
Contact:  http://www.oneidadispatch.com/
Details: http://www.mapinc.org/media/4546
Authors: Jeff Barnard and GosiaWozniacka, The Associated Press
Page: A5

TRIBES MAY BE ALLOWED TO LEGALLY SELL POT

GRANTS PASS, ORE. (AP) - Many in Indian Country are wary of the idea 
of growing and selling marijuana on tribal lands, even if it could 
present an economic windfall and the U.S. Department of Justice says it's OK.

"I would really doubt tribes would be wanting to do something like 
that," said Don Gentry, chairman of the Klamath Tribes in Oregon, 
where voters this year approved a measure to legalize recreational 
pot. "We have an alcohol- and drug-free policy at work. It would just 
not be something we would be looking for into the future."

The U.S. Justice Department announced Thursday that it has adopted a 
new policy saying Indian tribes, which are considered sovereign 
nations, can grow and sell marijuana on tribal lands as long as they 
follow the same federal conditions laid out for states that have 
legalized the drug.

Oregon U. S. Attorney Amanda Marshall said the policy addresses 
questions raised by tribes about how legalization of pot in states 
like Oregon, Washington and Colorado would apply to Indian lands.

"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?"

Whether tribal pot could become amajor bonanza rivaling tribal 
casinos is a big question.

Marshall said only three tribes - one each in California, Washington 
state and the Midwest - have voiced any interest. She did not identify them.

Seattle attorney Anthony Broadman, whose firmrepresents tribal 
governments throughout the West, said the economic potential is vast.

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

Many in Indian Country are wary.

The Yakama Nation in Washington state recently banned marijuana on 
the reservation and is trying to halt state regulated pot sales and 
grows on lands off the reservation where it holds hunting and fishing rights.

The Hoopa Valley Tribe in Northern California has battled illegal pot 
plantations on its reservation that have damaged the environment.

In South Dakota, the Oglala Sioux Tribal Council this year rejected a 
proposal to allow marijuana on the Pine Ridge Reservation.

"For me, it's a drug," said Ellen Fills the Pipe, chairwoman of the 
council's Law and Order Committee. "My gut feeling is we're most 
likely going to shoot it down."

Walter Lamar is a member of the Blackfeet Nation, and former FBI 
agent, who advises and offers training to tribes on drug issues, 
noted that unemployment is high in Indian Country, and many of the 
jobs that are available, such as wildland firefighting, teaching, and 
U.S. Bureau of Indian Affairs positions, require drug testing.

"Once there's an easier availability for marijuana, it's going to 
create some issues that could have an impact on our employment pool," he said.

Marshall warned that problems could arise for tribes with lands in 
states that outlaw marijuana due to the likelihood that pot would be 
transported or sold outside tribal boundaries.

Broadman said tribes would enjoy a huge advantage selling pot, as 
they do with tobacco, because they would not have to charge taxes.

Alison Holcomb, a primary drafter of Washington state's legalization 
measure, said most people in larger states won't want to drive to 
far-flung reservations to buy pot.

But John Evich disagreed. He runs a legal marijuana store in 
Bellingham, Washington, near the Nooksack Indian reservation.

When he chewed tobacco, he said, he used to stock up at the 
reservation because it was about 30 percent cheaper there. He had 
little doubt people would do the same if tribes began selling pot.

The Nooksack tribes did not immediately respond to messages seeking comment.

Marshall said with 566 tribes around the country recognized by the 
federal government, there will be a lot of consulting between tribal 
leaders and federal prosecutors.

Some tribes have their own police, some rely on federal law 
enforcement, and some call in state and local police.

With limited resources, federal prosecutors will not prosecute minor 
cases, Marshall said.

The tribal policy is based on an August 2013 Justice Department 
announcement that the federal government wouldn't intervene as long 
as pot legalization states tightly regulate the drug, keep it from 
children and criminal cartels and prevent sales to states that outlaw 
it, among other measures.
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MAP posted-by: Jay Bergstrom