An illegal marijuana farm on public land in California. Photo from Addictiontreatment.org
It's only a few months later than anticipated but the Pinoleville Pomo Nation in California has started cultivating marijuana on its lands. The tribe made a splash earlier this year when it announced plans for a $10 million medical marijuana farm on 2.5 acres of the reservation. Plans were delayed amid talks with authorities in Mendocino County about the legality of the operation. But even though marijuana is now on the ground, the tribe and the county remain at odds on one major issue. Sheriff Tom Allman plans to enforce a local law -- known as 9.31 -- that bars more than 25 plants from being grown on a particular parcel. So the tribe has cautiously potted 25 plants on one parcel and 26 on another. A dispute over that last one could lead to litigation that would determine whether the county has jurisdiction on the reservation. “When we plant that 26th plant, we have been told by the Sheriff that he will eradicate," Mike Canales, the president of the tribe's business board, told The Ukiah Daily Journal. "At that point, we will file an injunction. I encouraged the Sheriff to come on the land. There won’t be any impediments to access." 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. “It is the intent of the Mendocino County Sheriff’s Office to fairly and equally enforce the law throughout Mendocino County,” Allman told the Journal. “If a violation of state or local law is observed in Mendocino County, the appropriate law enforcement action will be taken.” 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. Tribes across the nation have expressed interest in marijuana and hemp. The Pinoleville Pomo Nation appears to be the first with plants on the ground. Get the Story:
Tribe, Sheriff disagree on marijuana project (The Ukiah Daily Journal 6/4)
Sheriff will enforce 9.31 (The Ukiah Daily Journal 6/4)
Construction appears to start on pot farm north of Ukiah (The Santa Rosa Press-Democrat 6/4) Relevant Documents:
Department of Justice Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)
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