Those who live on Native American lands, governed by sovereign tribal governments, are subject to rules and regulations different from those who live on non-reservation land. Reservation casinos flourish in states where gambling is prohibited, for example.
In October 2014, the Department of Justice director Monty Wilkinson released a memo in response to questions about the Controlled Substances Act as it relates to Native American lands.
The Wilkinson memo (below) pointed to the Cole memo, which outlined eight priorities for how limited justice department resources could be best spent on cannabis-related crimes.
“The eight priorities in the Cole Memorandum will guide United States Attorneys’ marijuana enforcement efforts in Indian Country, including in the event that sovereign Indian Nations seek to legalize the cultivation or use of marijuana in Indian Country,” the Wilkinson memo read.
Considering the Cole Memorandum applies to states like Colorado and Washington, which legalized and regulated cannabis since 2012 without federal interference, this memo hints that the DOJ might take a similarly hands-off approach to tribal lands.
So far, several tribes have indicated that they might want to legalize cannabis and a few have done so. This adds a layer of confusion to the patchwork of cannabis laws across the country; not only are there different stances on cannabis among states, but now there will be different stances within states if more tribal nations want to cultivate, consume and sell cannabis on reservation land in states where cannabis is strictly prohibited.
A list of some changes on tribal lands:
Flandreau Santee Sioux (South Dakota): this tribe, perhaps the most outspoken, proclaimed in September 2015 their desire to build the nation’s first cannabis resort, described by the tribe’s president as “an adult playground.” The plan had been in the works for months before the announcement. Then, in November, the tribe destroyed their crop and announced they would put their plan on hold. This came after a raid on…
The Menominee Indian tribe (Wisconsin): the DEA said the tribe was growing cannabis. They say it was hemp. The tribe has filed a lawsuit.
Seneca Nation (New York): voted to legalize medical cannabis.
The Fort McDermitt Paiute and Shoshone Tribe (Nevada, Oregon): want to open a medical cannabis business.
The Eastern Band of Cherokee Indians (North Carolina): exploring whether to legalize cannabis.
Suquamish Tribe (Washington): obtained the first compact in which the state has explicitly allowed the tribe to legalize cannabis and is working with them on regulations.
The Squaxin Island Tribe (Washington): opened the first legal cannabis shop on a reservation.
The Omaha Tribe (Nebraska): voted to look into legalizing medical and non-medical cannabis, as well as hemp.
