The Tribal Marijuana Conference was held on the Tulalip Reservation in Washington on February 27, 2015. Photo by Chris Stearns / Twitter
Tribes in Public Law 280 states might face additional hurdles if they open their lands to marijuana, a prominent attorney said. The termination-era law grants civil and criminal jurisdiction in Indian Country to several states. That could spell trouble for people who grow, possess or sell marijuana on reservations in states where the drug remains illegal. “If you’re in a state that bans any kind of marijuana, and the state does have criminal jurisdiction granted to it by Congress, that would be double-enhanced risk," Robert Odawi Porter, an attorney and former president of the Seneca Nation of New York, told Forbes. But if a Public Law 280 state has legalized marijuana for certain purposes, that could open the door in Indian Country. Tribes could cite the U.S. Supreme Court decision in California v. Cabazon Band of Mission Indians in defense of their rights. “If a state has legalized it for certain purposes, they’ve decriminalized it, and that action opens the door to the tribe’s regulation," Porter told Forbes. California is one of those Public Law 280 states. However, medicinal marijuana is regulated under state law. Two tribes in the state -- the Pinoleville Pomo Nation and the Torres Martinez Desert Cahuilla Tribe -- are already planning medical marijuana operations on their lands. Get the Story:
From Casinos To Cannabis: Indian Tribes Eye Pot Profits (Forbes 3/12) Relevant Documents:
Department of Justice Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)
Join the Conversation
Related Stories
Tribal Hemp and Cannabis Summit set for April 23
in New Mexico (3/12) Former leader of Hoopa Valley Tribe pushes action on marijuana (3/12)
Torres Martinez Tribe won't sell marijuana directly to consumers (3/12)
Opinion: High stakes in debate for marijuana in Indian Country (3/11)
Jacqueline Keeler: Tribes showing interest in growing marijuana (3/10)
Interview: Allyson Doctor on National Indian Cannabis Coalition (3/10)
Workshop on tribal marijuana to be held in California next month (3/9)
Tribes in Wisconsin discuss marijuana with federal prosecutors (3/9)
Torres Martinez Desert Cahuilla Tribe launches marijuana project (3/5)
Measure reaffirms Navajo Nation policy against legal marijuana (3/5)
Lummi Nation leader moves ahead with tribal cannabis group (3/3)
Marijuana presented as another opportunity for Indian Country (3/2)
Former Sisseton Wahpeton chairman joins marijuana company (2/26)
Hoopa Valley Tribe places marijuana referendum on April ballot (2/26)
Opinion: Tribes get ready to discuss marijuana in Indian Country (2/25)
Bill for tribal marijuana agreements advancing in Washington (2/24)
Ray Cook: Indian Country should say yes to cultivation of hemp (2/23)
Menominee Nation leader wants to move quickly on marijuana (2/20)
Poarch Creeks bring up marijuana in Florida gaming deal talks (2/20)
Closed session at NCAI winter meeting to focus on marijuana (2/19)
Lummi Nation leader announces meeting to discuss marijuana (2/18)
Northern Cheyenne Tribe enters debate over legal marijuana (2/17)
Opinion: Vast opportunities for tribes and marijuana industry (2/16)
Evictions linked to Pinoleville Pomo Nation's marijuana project (2/13)
Washington bill authorizes tribal-state marijuana agreements (2/12)
Pinoleville Pomo Nation puts marijuana farm on temporary hold (2/11)
Brian Pierson: State law still matters as tribes pursue marijuana (2/11)
Harlan McKosato: Marijuana debate heats up in Indian Country (2/10)
Alfred Walking Bull: Move slowly on marijuana in Indian Country (2/9)
Red Lake Nation to hold community meetings on legal marijuana (2/9)
Chairman of Havasupai Tribe welcomes marijuana opportunity (2/5)
Company claims major interest in marijuana in Indian Country (2/3)
Quapaw Tribe interested in cultivating marijuana for medical uses (1/30)
Seneca Nation doesn't foresee taking action on legal marijuana (1/29)
First-ever conference to focus on marijuana in Indian Country (1/27)
Fort Peck Tribes moving towards full legalization of marijuana (1/27)
Fort Peck Tribes approve marijuana use for medicinal purposes (1/19)
MPR: Red Lake Nation takes a small step towards legal marijuana (1/16)
Red Lake Nation backs study on medicinal marijuana and hemp (1/15)
Pinoleville Pomo Nation to use marijuana revenue for programs (1/15)
Column: New Mexico should strike marijuana deals with tribes (1/13)
Native Sun News: Tribal members debate legalization of 'peji' (1/12)
Pinoleville Pomo Nation confirms deal for legal marijuana farm (1/9)
Speculation grows about tribal marijuana operation in California (1/8)
Company set to announce tribal marijuana operation in California (1/7)
Column: Legal marijuana could bring dramatic changes for tribes (1/5)
Editorial: Legal marijuana is the last thing Indian Country needs (12/24)
Some South Dakota tribes said to be interested in legal marijuana (12/22)
Editorial: Showing caution for marijuana sales in Indian Country (12/18)
Column: No rush on marijuana sales at Eastern Cherokee casino (12/17)
Opinion: DOJ marijuana policy in Indian Country raises questions (12/16) DOJ announces new policy affecting marijuana in Indian Country (12/11)
