Tribes defer to federal authorities after Oklahoma voters approve marijuana

Thursday, June 28, 2018  

Voters in Oklahoma eagerly embraced marijuana for medical purposes this week but don't expect to partake in Indian Country.

The Osage Nation and the Comanche Nation are among those reminding residents that state law does not apply on their lands. The tribes are instead deferring to federal law, which still considers marijuana to be illegal.

"Indian Country may be located within Oklahoma state borders, but it is a different jurisdiction than the state of Oklahoma," the Osage Nation Police Department said in a statement posted by Osage News, the tribe's media outlet.

"ONPD will abide by guidance from the U.S. Attorney's Office, which is, until the Department of Justice reclassifies marijuana, it will remain a Schedule I narcotic and treated accordingly – meaning marijuana is not legal to possess for any reason in Indian Country jurisdiction," the statement read.

Comanche Nation Chief of Police Vernon Griffin offered a similar explanation to News 9. Until federal law changes, the tribe will continue to pursue marijuana crimes, the station reported.

According to results from the Oklahoma Secretary of State, voters approved the marijuana initiative, known as State Question 788, by margin of 56 percent to 43 percent. A group called Oklahomans for Health was behind the successful initiative.

“With the passage of SQ788, Oklahomans have passed perhaps the most unique medical marijuana law in the nation," Chip Paul, the chairman of the group, told High Times. "With no qualifying conditions, the law will put accountability squarely in the hands of physicians and under the same state regulatory controls as prescription medications.”

Several states, most notably Washington and Nevada, have legalized cannabis for recreational as well as medical purposes. That's opened the door for tribes to enter the industry.

But tribes in the Sooner State are marching to their own drum. Back in 2015, Oklahoma Watch contacted several tribes and all of them were quick to distance themselves from marijuana.

That didn't stop Sen. James Lankford (R-Oklahoma) from introducing a bill that would have punished all of Indian Country. Tribes that cultivate, manufacture or distribute marijuana would not be able to receive federal funds if the Keeping out Illegal Drugs Act, or KIDS Act, became law.

Despite the lack of movement on the measure, marijuana remains illegal under federal law and, by extension, in Indian Country. Earlier this year, the Trump administration reaffirmed its intention to keep enforcing that law.

But President Donald Trump has said he will "'probably" support a new bill that recognizes tribal and state sovereignty over marijuana. The Strengthening the Tenth Amendment Through Entrusting States Act, also known as the STATES Act, has bipartisan support in the 115th Congress.

The bill has been introduced as S.3032 and in the Senate and as H.R.6043 in the House.

Read More on the Story:
Medical Marijuana Still Illegal On Tribal Land (News 9 June 28, 2018)
Oklahoma Votes in Favor of Medical Marijuana (High Times June 27, 2018)

Relevant Documents:
Obama-era Policy Statement Regarding Marijuana Issues in Indian Country [Rescinded by Trump Administration (October 2014)

Trump will 'probably end up supporting' marijuana bill that helps tribes (June 12, 2018)
Bill recognizes tribal sovereignty over marijuana amid uncertainty in Washington (June 7, 2018)