An illegal marijuana farm on public land in California. Photo from Addictiontreatment.org
The Pinoleville Pomo Nation in California hoped to be the first in Indian Country with a marijuana operation on its lands but plans appear to be at a standstill. In January, the tribe's partners announced a deal for a $10 million medical marijuana farm on 2.5 acres of the reservation. The developers optimistically said the operation would be up and running by February. But sometime last month the tribe put the project on hold amid discussions with local officials. The Mendocino County Sheriff and the Mendocino County District Attorney don't believe the operation will be legal. "The tribe is exercising its sovereign right," Barry Brautman, the president of Foxbarry Companies, a firm with experience in Indian Country, told The Los Angeles Times. Marijuana remains illegal under federal law. But the Department of Justice issued a policy late last year that could allow tribes to legalize the drug. California falls under Public Law 280 so the state can exercise criminal and civil jurisdiction in Indian Country. However, medicinal marijuana is regulated under state law. Under the U.S. Supreme Court decision in California v. Cabazon Band of Mission Indians, it would appear that local authorities might not be able to outright bar a medical marijuana operation in Indian Country. The issue, however, has never come up before. "The feds didn't send me any memo, and they don't tell me what to do," David Eyster, the county's district attorney, told the paper. "Marijuana is a state issue ... and medicinal marijuana cannot be grown with an intent to make a profit." Get the Story:
Pot farm a template for strapped Indian tribes -- or a cautionary tale? (The Los Angeles Times 3/20) Relevant Documents:
Department of Justice Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)
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