Now that the U.S. Justice Department has made it legal for Indian tribes to grow and sell marijuana on their land, tribes have quite a bit to discuss. The one condition for this is that tribes must follow the same federal conditions currently in place for states in which marijuana has been legalized.
The Mohegan Tribe is currently looking over the Justice Department memo, which allows for Native American tribes to grow and sell marijuana on their land
Tribe spokesman Gary Bitner relayed this is “not on the Seminole tribe’s radar” to the Miami Herald. However, a spokesman for the Miccosukee Tribe simply stated they are reviewing the policy, but declined further comment.
Over in Oklahoma, however, tribes still seem to be in the dark as to what exactly the new policy will and will not allow. Mark Woodward, of the Oklahoma Bureau of Narcotics stated, “We don’t know if tribes can legally sell it yet.” Woodward continued on, saying there is still much discussion to be had and a possible judge’s ruling before the dust settles on this issue. In addition, tribal police, Bureau of Indian Affairs, and U.S. authorities will also have a hand in the final decision, which could vary from casino to casino.
Chickasaw Nation’s Governor Bill Anoatubby relayed the message that despite the news on the policy, marijuana will not be sold in the Chickasaw Nation’s Salt Creek Casino in Pocasst, or the Riverwind Casino in Norman. Anoatubby took it one step further, stating, “Regardless of recent changes to the U.S. Department of Justice policy, the Chickasaw Nation has no desire to pursue growing or selling marijuana.” He assured that the tribe will continue their current policy, and abide by current state marijuana laws on all their land.
Competition in the gaming industry has hit an all-time high recently in Connecticut, as many neighboring states now have gaming options of their own. In addition, Massachusetts and New York are on their way to adding casinos as well. This competition has taken a hit on Connecticut gaming revenue, and marijuana revenue is a possible alternative to combat it.
With the possibility of states in the Northeast legalizing marijuana in the next few years, Morgan Fox, a spokesman for the Marijuana Project, urges, “Tribal leaders have an opportunity to beat them to the punch…in a way that will bring people from the entire region, who may not want to travel as far as Colorado or the other states where marijuana is legal.”
One problem however is that the Mohegan and Mashantucket Tribes both entered agreements this year in which they certified tribal police, and made them responsible for enforcing state laws within their territories.
This DOJ decision, titled “The Cole Memorandum” does come with many stipulations. Trafficking marijuana to states where it is not legal, selling to minors, revenue from sales to criminal enterprises, and the growth of marijuana as a pretext to traffic other drugs are all prosecutable offenses. In the case of Connecticut, state laws also govern tribal reservations, who have tribal police departments obligated to enforce those laws. If a tribe was set on growing marijuana, they could terminate its agreement with the state.
Spokesman for the DOJ Wyn Hornbuckle said in an email interview, “The Justice Department is committed to dealing with tribes on a government-to-government basis.” This emphasizes just how diverse, and possibly polarized, tribes may be on this specific issue. Hornbuckle also stated that many tribes are cognizant of, and concerned with both the impact this may have on youth, and public safety.
Advocates for the policy claim this ruling could set off a new wave of business, and create an industry for reservations, akin to the advent of casino gambling.
