Pubdate: Sat, 22 Aug 2015
Source: Milwaukee Journal Sentinel (WI)
Copyright: 2015 Journal Sentinel Inc.
Contact: http://www.jsonline.com/general/30627794.html
Website: http://www.jsonline.com/
Details: http://www.mapinc.org/media/265
Author: Cary Spivak

MENOMINEE TRIBE LEGALIZES MARIJUANA

Members Must Now Design Operation on Reservation That Avoids Raids, Arrests

Now that Menominee tribal members have told their legislators to 
legalize marijuana, the difficult task begins of designing a 
profitable weed operation that does not result in the tribe or its 
customers getting busted.

"Tribes are treading on very dangerous grounds" when it comes to 
growing and selling marijuana, warned Dorothy Alther, director of 
California Indian Legal Services. "If I was representing tribes out 
there (in Wisconsin) I would say it might not be such a good idea."

Just last month two California tribes were raided by federal and 
state authorities who said they seized at least 12,000 marijuana 
plants and more than 100 pounds of processed marijuana.

Members of the Menominee tribe this week voted 677 to 499 to legalize 
marijuana for recreational purposes and 899 to 275 to legalize 
marijuana for medicinal purposes on its 360-acre reservation near Shawano.

"This is new ground," Gary Besaw, Menominee chairman, said in an 
interview Friday shortly after the results were announced. "We have 
to start looking at developing best practices and draft ordinances to 
maximize the benefits we believe are possible and minimize the 
consequences we believe also are possible."

Legalizing marijuana on reservations has become a hot topic since 
late last year when the U.S. Department of Justice released a memo 
discouraging federal authorities from prosecuting tribes for growing 
or selling pot on their reservations.

The memo also listed eight scenarios that could result in 
prosecution, including selling to minors or distributing the product 
to a state - such as Wisconsin - where weed remains illegal.

State law enforcement authorities do not have criminal jurisdiction 
on the Menominee reservation but could arrest people who leave the 
tribal land with marijuana. Federal authorities do, because when the 
Menominee had its tribal status restored in the 1970s, it became the 
state's only non-Public Law 280 tribe.

"As a white guy I would fully expect that I'm getting pulled over if 
I drive off the (Menominee) reservation" if marijuana sales there are 
legalized, said R. Lance Boldrey, a Michigan Indian law attorney.

State and local authorities have jurisdiction over the 10 other 
tribes in Wisconsin, and at least three of those are seriously 
looking at legalizing marijuana or a derivative on their reservations.

Still, Indian law experts say the Menominee, which has about 9,000 
members, must deal with several hurdles.

Since marijuana is not legal in Wisconsin, the tribe may be 
restricted to selling weed only to Native Americans. Still, Besaw 
said, it could be worthwhile to begin growing and selling weed. He 
predicted that it won't be long before marijuana is legal throughout 
the nation and "when it does become legalized we'll be ready to 
launch," he said.

The Justice Department memo is a policy directive that could change, 
especially in 2017 when a new president takes office, Boldrey said. 
Rep. James Lankford (R-Okla.) this month sponsored a bill that would 
take away federal funding from any tribe that cultivates, 
manufactures or sells marijuana.

The tribe must consider the impact of legalizing a drug on an 
impoverished reservation that has long been plagued with substance 
abuse problems. "It's a huge concern," Besaw said.

It's not clear what to do with money generated from marijuana sales, 
since federally insured banks generally shun accepting marijuana 
money for fear of violating federal money laundering laws. Besaw said 
the tribe would likely avoid that risk by licensing and taxing a 
business to run the weed business. The tribe's revenue would be 
"clean money" because it would be tax revenue.

Besaw said he has met and will continue to meet with state and 
federal law enforcement to determine the guidelines the tribe must 
operate under to avoid the kind of trouble with the law that occurred 
in California.

Alther, the California lawyer, noted that even when federal 
prosecutors meet with tribes they are providing little guidance. In 
Wisconsin, Gregory Haanstad, the new acting U.S. Attorney for the 
Eastern District, has only said that marijuana remains illegal under 
federal law.

"They are supposed to be consulting with the tribes," Alther said. 
"That just is not happening."
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