Washington State Liquor Control Board’s new proposed rules on marijuana licenses mistake Indian tribes for cities and counties on one hand, and ignore tribes on the other. The silence and misapprehension will lead to problems. Comments on the new regulations are due tomorrow, October 4 with a hearing scheduled for October 9. Washington tribal governments should make their voices heard.

• The pot rules should recognize Tribes’ rights to ban or regulate and tax reservation marijuana.

The new pot rules suggest that the state has a role in on-Reservation regulation of marijuana. See WAC 314-55-160. It does not. Pot sales are not liquor traffic, where tribes share regulatory authority with states. Pot is illegal under federal law and may be illegal under certain tribal laws. The notion in the new rules that the State “may” simply “notify” Tribes when someone wishes to sell marijuana on the reservation completely misses the point. Even more problematic, the State “shall” notify cities and counties. The state has no civil regulatory jurisdiction on the Reservation. The new rules should reflect this.