Pubdate: Mon, 22 Dec 2014
Source: Casper Star-Tribune (WY)
Copyright: 2014 Lee Enterprises
Contact:  http://www.trib.com/
Details: http://www.mapinc.org/media/765
Author: Trevor Graff

WIND RIVER RESERVATION NOT LIKELY TO LEGALIZE MARIJUANA

U.S. Attorney: Federal Memo Doesn't Change Legal Status of Pot

Native American tribes on the Wind River Reservation are now able to 
grow and sell marijuana without federal prosecution after the release 
of a U.S. Justice Department memo last week that directed attorneys 
to stop prosecuting such cases.

Christopher Crofts, U.S. attorney for the District of Wyoming, said 
the Justice Department memo doesn't immediately change marijuana laws 
for the tribes or legalize marijuana on the Wind River Reservation.

"That possibility exists, but it doesn't change the law right now," 
he said. "The ball is in the court of the tribes. If they want to do 
that, we need to consult with each other and come to an agreement."

Tribal officials say the memo leaves the Northern Arapaho and Eastern 
Shoshone tribes in a precarious spot that could put tribal members at risk.

"It is a gray area at this point, specifically to the Wind River 
Reservation," said Mark Howell, a Northern Arapaho spokesman. "Until 
there is some major change in the state and federal law, I would 
anticipate the tribes not moving forward with a change."

The memo gives the U.S. Attorney's Office in the District of Wyoming 
discretion in the handling of marijuana cases.

The Justice Department memo extends the federal decision to stop 
prosecutions of marijuana cases in states such as Colorado and 
Washington to tribes on sovereign lands.

U.S. attorneys won't make marijuana a priority but could prosecute on 
a case-by-case basis.

"It simply extends the same general process that was extended to 
Colorado and the other states to the tribes," said Crofts. "If they 
adopt a tribal law to allow it, we will consult with the tribes to be 
sure there are reasonable regulations in place and enter into an 
agreement with them."

Federal officials say there is no easy answer to regulating marijuana 
on tribal lands. The attorneys are working to clarify their stance on 
tribal marijuana use in Wyoming.

Possession and use of marijuana are still illegal under the Tribal 
Law and Order Code. Northern Arapaho officials say the tribe has no 
immediate plans to legalize the use or sale of marijuana.

"At this point in time, the business council is monitoring the issue, 
researching the issue but has no plans to change the law," Howell 
said. "There are no current plans; the business council is simply 
monitoring the issue."

The tribe is not researching the law for business purposes.

Howell said the tribes are not likely to change their laws under 
current state and federal laws deeming marijuana use illegal.

Tribes in states that have already legalized marijuana are more 
likely to legalize marijuana on tribal lands, he said.

"The tribes in those states are looking at it a bit more actively 
than in other states," Howell said. "The tribes in states where it 
isn't legal are a lot less active in their pursing this."

Eastern Shoshone officials could not be reached for comment.
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