Cannabis on American Indian reservations

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

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]

Contents

By Tribe

Shinnecock Indian Nation

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

Oglala Sioux nation

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

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

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]

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

Suquamish cannabis shop on the Port Madison Indian Reservation Agate Dreams cannabis in Suquamish.jpg
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

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

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

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

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

St. Regis Mohawk Tribe

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

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

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 BIA and DEA request support from the Counterdrug Task Force 150708-Z-QO726-004.jpg
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

Related Research Articles

<span class="mw-page-title-main">Menominee Indian Reservation</span> Indian reservation in United States, Menominee Indian Tribe of Wisconsin

The Menominee Indian Reservation is an Indian reservation located in northeastern Wisconsin held in trust by the United States for the Menominee Tribe of Wisconsin. It is the largest Indian reservation east of the Mississippi River. In the Menominee language, it is called Omāēqnomenēw-Otāēskonenan, "Menominee Thing Set Apart", or alternatively omǣqnomenēw-ahkīheh, "in the Menominee Country".

Alex White Plume is the former vice president and president of the Oglala Sioux Tribe of the Pine Ridge Reservation, located on South Dakota of the United States. He served as president from June 30, 2006 to November 2006 after Cecilia Fire Thunder was impeached.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Cannabis in the United States</span>

The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.

<span class="mw-page-title-main">Flandreau Indian Reservation</span> Indian reservation in United States, Flandreau Santee Sioux

The Flandreau Indian Reservation is an Indian reservation, belonging to the federally recognized Flandreau Santee Sioux Tribe of South Dakota. They are Santee Dakota people, part of the Sioux tribe of Native Americans. The reservation is located in Flandreau Township in central Moody County in eastern South Dakota, near the city of Flandreau.

<span class="mw-page-title-main">Cannabis in California</span>

Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.

<span class="mw-page-title-main">Cannabis in Colorado</span>

In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on plans by the Drug Enforcement Administration to move cannabis to the less-restrictive Schedule III.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in South Dakota</span>

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

<span class="mw-page-title-main">Cannabis in Wisconsin</span>

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in Oklahoma</span>

Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.

<span class="mw-page-title-main">Cannabis in Texas</span>

Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

<span class="mw-page-title-main">Cannabis in Minnesota</span>

Cannabis in Minnesota is legal for recreational use since August 2023. Governor Tim Walz signed House File 100 on May 30, 2023, legalizing the use, possession, and cultivation of cannabis within the state. The state's new Office of Cannabis Management will establish a regulatory framework for commercial cultivation and sales, with exceptions for tribal nations.

<span class="mw-page-title-main">Cannabis in Washington (state)</span>

Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales, alongside Colorado. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.

<span class="mw-page-title-main">Cannabis in Mexico</span>

Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.

<span class="mw-page-title-main">Elevation (cannabis shop)</span> Store in Kamilche, Washington

Elevation is a cannabis shop on the Squaxin Island Tribe trust lands at Kamilche, Washington, across Washington State Route 108 from the tribe's Little Creek Casino. It became the first tribally operated cannabis shop in the United States in November 2015.

<span class="mw-page-title-main">2023 Eastern Band of Cherokee Indians Marijuana Legalization Measure</span>

Referendum Question #2, the Eastern Band of Cherokee Indians Marijuana Legalization Measure, was a ballot measure in the US that was sent to voters on September 7, 2023, by the Eastern Band of Cherokee Indians Tribal Council. The proposal sought to legalize the recreational use of cannabis on tribal lands for those over the age of 21, and to require the EBCI Tribal Council to adopt legislation to regulate legal cannabis.

References

  1. 1 2 "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. 1 2 3 "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. 1 2 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. 1 2 "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