Wikipedia

Cannabis on American Indian reservations

Cannabis on American Indian reservations was historically regulated under United States federal law. However, the August 2013 issuance of the Cole Memorandum opened discussion on tribal sovereignty pertaining to cannabis legalization.[1] A clarifying memo in December 2014 stated that the federal government's non-interference policies that applied to the 50 states, would also apply to the 326 recognized American Indian reservations.[2][1][3] Reservations are therefore able to independently regulate cannabis possession and sale irrespective of laws in any bordering US states.[3]

A Bureau of Indian Affairs map of Indian reservations in the contiguous United States

By Tribe

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Shinnecock Indian Nation

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The Shinnecock Indian Nation opened its first cannabis shop, called Little Beach Harvest, in November 2023.[4]

Oglala Sioux nation

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The Oglala Sioux nation legalized industrial hemp in 1998, and the family of Alex White Plume began to produce the crop from 2000–2002, but federal authorities destroyed his crops and issued him a restraining order forbidding further cultivation.[5][3][6]

In January 2014, the Oglala Sioux tribal council approved a proposal to hold a tribal vote to decide on legalizing marijuana on the Pine Ridge Indian Reservation in South Dakota,[7] but the council later rejected the proposal.[8]

In March 2020, members of the tribe voted to legalize medical and recreational cannabis on the reservation.[9]

Flandreau Santee Sioux Tribe

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In mid-2015, the Flandreau Santee Sioux Tribe stated their intent to begin growing cannabis on one authorized site on their reservation, and commence selling the product on January 1, 2016, following a vote of tribal authorities which decided 5–1 to legalize cannabis. Under the regulation, buyers are required to consume the product on tribal property.[10][11]

In November 2015, the tribe burned its cannabis crop after discussions with the state and federal attorney's general indicated they were at risk for a federal raid. A representative of the tribe stated in February 2016 that the tribe would pursue legislative solutions to move forward with their cannabis project.[12]

Menominee Indian Reservation

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In August 2015 the Menominee Indian Reservation in Wisconsin held a vote on proposed measures to legalize medical and/or recreational cannabis. The Menonimee are uniquely placed in the state, as the only American Indian reservation which falls only under federal law, rather than under Wisconsin Public Law 280 like all other reservations in the state, meaning that the state of Wisconsin cannot prevent legal changes within the sovereign reservation.[13] In an "advisory vote", the tribal membership voted 77% in favor of legalizing medical cannabis, and 58% in favor of legalizing recreational; the tribal Chairman stated that tribal legislators would next decide whether to move forward on the two issues.[14]

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In 2016, the Navajo Nation signed its first resolution to grow industrial hemp, with the goal of adding hemp as a cash crop to their existing 70,000 acre (approx. 283 km2) farm.[15] They authorized Navajo Agricultural Products Industry in collaboration with New Mexico State University to conduct a hemp growing pilot project in 2019.[16]

In 2020, the Nation amended its criminal code to clarify the definition of cannabis versus hemp and to enhance penalties for growth, possession, and distribution of cannabis on tribal lands.[16]

In 2023, federal authorities seized over 60,000 pounds of cannabis plants from Dineh Benally, the former president of the San Juan River Farm Board, who along with business partners had been growing the crops on 400 acres of farmland in the northeast corner of the Navajo Nation reservation. He had presented his operations within the reservation as legal hemp farming.[9] In 2024, Navajo Nation authorities charged Benally and business partner Farley BlueEyes on related crimes.[17]

Suquamish Tribe and Squaxin Island Tribe

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Suquamish cannabis shop on the Port Madison Indian Reservation

The Squaxin Island Tribe opened the United States' first tribal-controlled cannabis store, "Elevation", in November 2015. The Suquamish Tribe in Western Washington began selling cannabis in December 2015, collecting the same 37% tax as the surrounding state.[18][19] Both tribes legalized marijuana internally, and signed 10-year compacts with the Washington State Liquor and Cannabis Board.[20]

The Squaxin Island Tribe's Island Enterprises began growing cannabis in 2017, in the Skokomish River Valley on what they called the state's first licensed outdoor farm.[21]

2015 Modoc County raids

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In July 2015, a joint operation by the Drug Enforcement Administration and the Bureau of Indian Affairs shut down grow operations on two reservations in Modoc County in Northern California. Plants and prepared cannabis were seized, but no arrests were made; news reporting indicated that the informant whose complaint sparked the raid was involved in a political power struggle with one of the growers, who is also her brother.[22]

Puyallup

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Commencement Bay Cannabis, operated by the Puyallup Tribe, opened on tribal property in Fife, Washington in 2017. The city does not allow cannabis sales, but the tribe operates outside the city's jurisdiction.[23]

S’Klallam

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In December 2017, the Port Gamble Band of S’Klallam Indians entered a compact with the State of Washington to sell cannabis on its land.[24] High Point Cannabis was opened by the tribe's investment enterprise, Noo-Kayet Investments, the same year, which operated out of a trailer until building its first retail storefront in 2023.[25]

The Jamestown S'Kallam Tribe opened the Cedar Greens Cannabis shop in October 2019.[26]

Crow Tribe

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The Crow Tribe of Montana legislative branch approved adult-use cannabis sales on April 16, 2021.[27]

St. Regis Mohawk Tribe

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The St. Regis Mohawk Tribe in New York legalized adult-use cannabis on June 28, 2021. Under the legislation, dispensaries must be licensed by the tribe, and all growing, processing, and sales must occur on tribal lands. Adult tribal members are permitted to grow up to twelve plants. [28] [29] [30]

Eastern Band of Cherokee Indians

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In 2023, the Eastern Band of Cherokee Indians voted to legalize recreational cannabis on tribal lands. The tribe opened its first dispensary for medical cannabis, which serves both tribe members and the general public, on 20 April 2024 with plans to expand into recreational cannabis sale in the future.[31]

Opposition on tribal lands

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Bureau of Indian Affairs and the Drug Enforcement Administration Fresno Area Surveillance Team and local sheriffs eradicate illicit marijuana on Pit River tribal lands, 2015

The Washington Post in 2014 noted that the Yakama Nation of Washington State, following the state's legalization of cannabis, opposed legalization in ten state counties containing what the tribe considers its traditional lands.[32][33]

See also

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References

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  1. ^ a b "Indian tribes free to grow pot on their lands – as long as they follow federal laws | US news". The Guardian. Associated Press. Retrieved July 12, 2015.
  2. ^ "Justice Department memo not likely to change pot laws on tribal land soon, officials say - Tulsa World: Courts". Tulsa World. December 13, 2014. Retrieved July 12, 2015.
  3. ^ a b c "Decriminalizing 'Peji' in Indian Country opens options for tribes". Nativetimes.com. Retrieved July 12, 2015.
  4. ^ Roman, Jeniece (November 14, 2023). "Shinnecock Nation to open first tribally-owned cannabis dispensary on Long Island". WSHU Public Radio. Retrieved September 5, 2024.
  5. ^ Associated, The (May 11, 2015). "Pine Ridge farmer Alex White Plume wants to grow hemp again". Thecannabist.co. Retrieved July 12, 2015.
  6. ^ "Former hemp farmer Alex White Plume to be feted in Colorado". Thecannabist.co. October 1, 2014. Retrieved July 12, 2015.
  7. ^ "Smoke Signals". Newsweek. May 15, 2014. Retrieved July 13, 2015.
  8. ^ "Dakotas tribes react to marijuana decision". Aberdeen News. Associated Press. December 13, 2014. Retrieved July 13, 2015.
  9. ^ a b Yu, Wufei; Williams, Ed (March 22, 2021). "Investigation: Illegal cannabis operation looks for roots in Indigenous communities". High Country News. Retrieved September 5, 2024.
  10. ^ Garcia, Regina (June 17, 2015). "South Dakota Indian tribe plans to sell marijuana by Jan. 1". Thecannabist.co. Retrieved July 12, 2015.
  11. ^ "Tribe Bets on Legal Pot". US News. June 16, 2015. Retrieved July 12, 2015.
  12. ^ "Tribe to move forward on marijuana facility after failed bill". Argusleader.com. February 16, 2016. Retrieved November 15, 2016.
  13. ^ Spivak, Cary (August 16, 2015). "Menominee tribe prepares for vote on legalizing marijuana". Jsonline.com. Retrieved August 20, 2015.
  14. ^ "Menominee tribal members endorse marijuana proposals". StarTribune.com. Associated Press. August 21, 2015. Archived from the original on August 25, 2015. Retrieved August 29, 2015.
  15. ^ "Navajo Tribe Signs Its First Hemp Growing Resolution". Forbes.com. Retrieved November 15, 2016.
  16. ^ a b "Navajo Nation clarifies the legal definition of "marijuana" and creates new civil forfeiture provisions for violators". indianz.com. October 6, 2020. Retrieved September 5, 2024.
  17. ^ "Navajo Nation charges 2 tribal members with illegally growing marijuana as part of complex case". Associated Press. January 4, 2024. Retrieved September 5, 2024.
  18. ^ Tad Sooter (December 10, 2015), "Suquamish Tribe opens marijuana shop", Kitsap Sun
  19. ^ Tobias Coughlin-Bogue (December 8, 2015), "Washington State's Second Native American-Owned Pot Shop Is a Big Win for Tribal Sovereignty", The Stranger
  20. ^ "Let It Be Pot: Two Washington State Tribes on Board". Indiancountrytodaymedianetwork.com. Retrieved November 15, 2016.
  21. ^ "Native Sun Grown Farm Grand Opening" (PDF), KLAH-CHE-MIN, Squaxin Island Tribe, July 2017
  22. ^ Adams, Mike. "Federal Government Raids Native American Marijuana Operation". High Times. Retrieved July 12, 2015.
  23. ^ John Gillie (January 28, 2017), "Two marijuana retailers opening soon in city that still bans cannabis sales", The Tacoma News Tribune
  24. ^ Tad Sooter (January 4, 2018), "S'Klallam Tribe moves closer to marijuana sales", Kitsap Sun – via KING-TV
  25. ^ Shuey, Tyler (July 28, 2023). "New pot shop a High Point for Port Gamble S'Klallam Tribe". Kitsap Daily News. Retrieved September 5, 2024.
  26. ^ Stone, Syd (June 30, 2020). "In Washington, Some Tribes Turn to Cannabis to Support Health and Healing". Medill Investigative Lab. Retrieved September 5, 2024.
  27. ^ "Crow Tribe to approve cannabis ordinance in Montana". Associated Press. April 23, 2021.
  28. ^ Colello, Isabella (June 29, 2021). "Saint Regis Mohawk Tribe becomes first NYS tribe to legalize marijuana for adult use". InformNNY. Retrieved July 12, 2021.
  29. ^ Meehan, Maureen (July 9, 2021). "New York's St. Regis Mohawk Tribe To Start Adult-Use Cannabis Sales Way Ahead Of The Rest Of The State". Yahoo Finance. Retrieved July 12, 2021.
  30. ^ Clarke, Celia (June 29, 2021). "St Regis Mohawk Tribe adopts adult-use cannabis ordinance". North Country Public Radio. Retrieved July 12, 2021.
  31. ^ Matloff, Judith (June 17, 2024). "'Sovereign flex': How a tribe defied officials through cannabis". Al Jazeera. Retrieved September 5, 2024.
  32. ^ Gregg, Aaron (December 12, 2014). "Native American reservations now free to legalize marijuana". The Washington Post. Retrieved July 12, 2015.
  33. ^ Harris, Amy. "Marijuana growers find cover on tribal lands". The Seattle Times. Retrieved July 12, 2015.

Further reading

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