An illegal marijuana farm on public land in California. Photo from Addictiontreatment.org
The Pinoleville Pomo Nation has ignored requests to talk about its marijuana operation, the district attorney in Mendocino County said. The tribe has met with Sheriff Tom Allman, who plans to enforce a county law known as 9.31 on the reservation. The law bars more than 25 plants from being grown on a particular parcel. But district attorney David Eyster told The Ukiah Daily Journal that the tribe hasn't responded to his formal or informal requests. He said there is no basis for a claim that his office will ignore operations with under 200 plants. “People growing 200 plants are prosecuted nearly every day,” Eyster told the paper. The tribe made a splash earlier this year when it announced a $10 million medical marijuana farm on 2.5 acres of the reservation. Plans called for around 200 plants. The tribe has since potted 25 plants on one parcel and 26 on another in hopes of resolving the issue. 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, that could mean state and local authorities lack authority to enforce their marijuana laws on reservations. The issue, though, has never come up before. 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:
DA says he had no contact with Pinoleville (The Ukiah Daily Journal 6/5) Relevant Documents:
Department of Justice Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)
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