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Monday, October 05, 2015

Dept. Of Justice Allows Indians On-Reservation Selling, Growing And Use of Marijuana








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.

 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.

 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.

 “You know the money talk can draw you in,” Johnson said. “But why can’t we start with hemp? I want to go another route.”


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"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.





"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.



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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.

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."

 While some tribes view marijuana as an economic opportunity, others fear it could lead to negative public safety and health consequences. A district within the Pine Ridge Indian Reservation in western South Dakota legalized the use and cultivation of marijuana this year, but has made no further plans. The tribal council on Pine Ridge — which is in dire need of economic opportunities but also has high rates of violence and alcohol addiction — rejected a proposal to legalize pot on the full reservation last year.





FLANDREAU, S.D. — An Indian tribe in eastern South Dakota plans to start selling marijuana for recreational and medicinal purposes by Jan. 1, becoming the first tribe in the state to legalize the sale of cannabis across its whole territory.








Leaders of the Flandreau Santee Sioux Tribe said Tuesday that marijuana will be cultivated and sold at a single, indoor site on the reservation, after the tribe’s council last week approved it to be grown and sold on tribal land. That follows a federal decision last year that gave tribes the power to grow and sell pot under some conditions.







“It looks like it’s getting a lot of momentum,” tribal president Anthony Reider said. “The more we dug into it we realized that for us to be able to get ahead of it and get into it early would be a good thing.”


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The Flandreau Santee Sioux Tribe, which already operates a casino on its land, is looking at this business operation as a source of revenue that would allow the community to develop housing, build an addiction treatment center and improve the local clinic, among other projects. Tribal leaders estimate a monthly profit of up to $2 million a month.





But for all the hype that the decision may create among pot enthusiasts or individuals who have a prescription for the drug, South Dakota Attorney General Marty Jackley has warned that non-Indians would still be breaking the law if they consume pot on the reservation.



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Jackley said there are some reservations growing and selling pot in states where either recreational or medical marijuana is legal. But he said he is not aware of any other state attorney general dealing directly with the legalization of pot in a state where marijuana is against the law other than Oklahoma and Nebraska, which have jointly filed a lawsuit on the matter.





Reider said the tribe is working with a company that has growing facilities in Colorado and California that will develop the cultivation site on the reservation and advise the tribe on the operation. Reider declined to name the company.

 This all comes after the U.S. Justice Department outlined a new policy in December allowing Indian tribes, which are considered sovereign nations, to 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. The Justice Department had no comment on Tuesday on the decision by the Flandreau Santee Sioux Tribe.




But for non-Native Americans, “it’s against law everywhere in South Dakota on tribal land or otherwise” to smoke marijuana, Jackley said, and “any changes in tribal laws wouldn’t affect any non-Indians or any non-tribal lands.”

 For example, if someone smokes marijuana on the reservation and is later is pulled over on an interstate highway for driving erratically and marijuana is found in that person’s system, the fact that pot is allowed in tribal land won’t be a justification for its consumption.


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The legalization of pot on the reservation came by a 5-1 vote. The no vote came from trustee Roxee Johnson, who said she is concerned about how the decision could affect children on the reservation and is generally wary about the federal decision allowing tribes to grow and sell marijuana.





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Monty Henry, Owner














www.DPL-Surveillance-Equipment.com










































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posted by DPL-Surveillance-Equipment | 9:45 PM

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