Aaron Payment, the chairperson of the Sault Ste. Marie Tribe of Chippewa Indians, is seen at a Congressional hearing in Washington, D.C., on January 15, 2019. Photo by Indianz.Com (CC BY-NC-SA 4.0)

Law | National

Sault Ste. Marie Tribe becomes second to legalize marijuana in Michigan

Thursday, April 18, 2019

By Acee Agoyo

The Sault Ste. Marie Tribe of Chippewa Indians has legalized marijuana for recreational use, becoming the second in Michigan to do so.

The tribe's board of directors voted in favor of legalization at a meeting in Munising on Tuesday. The new law takes effect May 15.

“The wave of legalization of personal or recreational use of marijuana has reached the Sault Tribe reservation for adult Sault Tribe citizens,” Chairperson Aaron Payment said in a news release on Thursday. “Some will celebrate while others have concerns. Fundamental change is never easy.”

The move comes after the Bay Mills Indian Community became the first tribe in Michigan to legalize recreational use of marijuana. Citizens of both tribes are now on equal footing with the rest of the states, where marijuana was legalized in an election last November.

And like Bay Mills, the Sault Tribe authorizes marijuana use and cultivation of small amounts only by those over the age of 21. Both tribes also allow citizens who were convicted of marijuana offenses in the past to seek to have their records cleared in tribal court.

in 2015, a member of the Sault Tribe's board of directors was convicted of marijuana possession in tribal court. The leader was removed from office after refusing to step down.

Despite the changes in tribal and state law in Michigan, marijuana is still considered illegal under federal law, which means it's illegal in Indian Country. In some instances, tribes that have cultivated marijuana -- and even hemp, its non-potent relative -- have faced federal and state raids.

But tribes located in states where marijuana has been legalized have been able to avoid persecution. The notable examples are Washington and Nevada, where marijuana is legal for recreational, medicinal and commercial purposes.

In recognition of the changing landscape, the Department of Justice during the Obama era had issued guidance that seemed to recognize tribal sovereignty over marijuana. The Trump administration has rescinded the policy although enforcement actions do not appear to have been taken against tribes since the January 2018 action.

Hemp, on the other hand, is now completely legal thanks to the 2018 Farm Bill, which includes dozens of provisions benefiting Indian Country. The Department of Agriculture is in the process of developing a rule addressing tribal and state production of industrial hemp.

Department of Justice Guidance [Since Rescinded]

Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)