Justice Dept. OK’s Native American Marijuana Legalization
The federal government just told the sovereign Native American tribal nations they are free to legalize marijuana possession, cultivation, and sales if they decide to.
The 2013 Cole Memorandum is the document outlining eight federal priorities in federal law enforcement regarding marijuana. This memo is considered to be the federal government’s acceptance of marijuana legalization playing out in Washington, Colorado, Oregon, and Alaska. So long as those states abide by the memo’s eight priorities, the feds won’t prosecute, although the feds always reserve the right to bust anyone at any time for marijuana.
But does the Cole Memo apply to the 326 federally-recognized sovereign Indian nations? In a word: yes!
Monty Wilkinson, the executive director of the Executive Office for United States Attorneys sent a memo to all US Attorneys and Tribal Liaisons on October 28, but it is just now being made public. In this “Wilkinson Memo”, entitled “Policy Statement Regarding Marijuana Issues in Indian Country”, Wilkinson explained that “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.”
Many people live within driving distance of a so-called Indian casino, where tribes have taken advantage of their sovereignty to prosper from gambling on their lands. Tribes also profit from sales of prohibited fireworks and untaxed cigarette sales. Could marijuana be the next item tribes sell to non-Indians who ban it in their own state?
Project SAM’s Kevin Sabet thinks so. The anti-legalization lecturer warned US News & World Report, “A situation is quickly forming where people living in states who do not want legalization will in fact be living 10 minutes away from a marijuana store.” Yes, Sabet believes the state marijuana prohibition should overrule a tribe’s legalization, but he also believes the federal marijuana prohibition should overrule the states’ legalization, so at least he’s consistent.
The idea that all of the reservations are suddenly going to sprout pot shops is a little far-fetched. Tribes vary in their politics as much as states do. In Washington, the state has legalized marijuana, but the Yakama tribe wants to ban all marijuana industry within the bounds of the Yakama Nation, which comprises 1.2 million acres in south central Washington.
While Sabet has little concern for tribal sovereignty, he has plenty of concern for tribal alcoholism. “Native Americans and their families suffer disproportionately from addiction compared to other groups,” Sabet told the LA Times. “The last thing they want is another commercialized industry that targets them for greater use.” Even if Native American people vote for legalization, Kevin Sabet knows it is not what they want.
Mason Tvert of the Marijuana Policy Project put Sabet’s concern for the plight of the tribal addict in perspective. “Studies have consistently found above-average rates of alcohol abuse and related problems among Native American communities,” Tvert told US News, “so it would be incredibly beneficial to provide adults with a safer recreational alternative.”
Tribal marijuana sales may also be a cheaper recreational alternative, as their sales may not be subject to the high state excise and sales taxes on pot found in Colorado and Washington, just like the cigarette taxes they avoid on reservation lands now. Oregon US Attorney Amanda Marshall told ABC News that there is one tribe in Washington State and another tribe in California interested in marijuana legalization already.
