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CASPER, Wyo. — Native American tribes on the Wind River Reservation are now able to grow and sell marijuana without federal prosecution after the release of a U.S. Justice Department memo last week that directed attorneys to stop prosecuting such cases.
Christopher Crofts, U.S. attorney for the District of Wyoming, said the Justice Department memo doesn’t immediately change marijuana laws for the tribes or legalize marijuana on the Wind River Reservation.
“That possibility exists, but it doesn’t change the law right now,” he said. “The ball is in the court of the tribes. If they want to do that, we need to consult with each other and come to an agreement.”
Tribal officials say the memo leaves the Northern Arapaho and Eastern Shoshone tribes in a precarious spot that could put tribal members at risk.
“It is a gray area at this point, specifically to the Wind River Reservation,” said Mark Howell, a Northern Arapaho spokesman. “Until there is some major change in the state and federal law, I would anticipate the tribes not moving forward with a change.”
The memo gives the U.S. Attorney’s Office in the District of Wyoming discretion in the handling of marijuana cases.
The Justice Department memo extends the federal decision to stop prosecutions of marijuana cases in states such as Colorado and Washington to tribes on sovereign lands.
U.S. attorneys won’t make marijuana a priority but could prosecute on a case-by-case basis.
“It simply extends the same general process that was extended to Colorado and the other states to the tribes,” said Crofts. “If they adopt a tribal law to allow it, we will consult with the tribes to be sure there are reasonable regulations in place and enter into an agreement with them.”
Federal officials say there is no easy answer to regulating marijuana on tribal lands. The attorneys are working to clarify their stance on tribal marijuana use in Wyoming.
Possession and use of marijuana are still illegal under the Tribal Law and Order Code. Northern Arapaho officials say the tribe has no immediate plans to legalize the use or sale of marijuana.
“At this point in time, the business council is monitoring the issue, researching the issue but has no plans to change the law,” Howell said. “There are no current plans; the business council is simply monitoring the issue.”
The tribe is not researching the law for business purposes.
Howell said the tribes are not likely to change their laws under current state and federal laws deeming marijuana use illegal.
Tribes in states that have already legalized marijuana are more likely to legalize marijuana on tribal lands, he said.
“The tribes in those states are looking at it a bit more actively than in other states,” Howell said. “The tribes in states where it isn’t legal are a lot less active in their pursing this.”
Eastern Shoshone officials could not be reached for comment.
http://billingsgazette.com/news/sta...cle_3274c39c-fe01-57c8-a524-fe500c9a2327.html
Christopher Crofts, U.S. attorney for the District of Wyoming, said the Justice Department memo doesn’t immediately change marijuana laws for the tribes or legalize marijuana on the Wind River Reservation.
“That possibility exists, but it doesn’t change the law right now,” he said. “The ball is in the court of the tribes. If they want to do that, we need to consult with each other and come to an agreement.”
Tribal officials say the memo leaves the Northern Arapaho and Eastern Shoshone tribes in a precarious spot that could put tribal members at risk.
“It is a gray area at this point, specifically to the Wind River Reservation,” said Mark Howell, a Northern Arapaho spokesman. “Until there is some major change in the state and federal law, I would anticipate the tribes not moving forward with a change.”
The memo gives the U.S. Attorney’s Office in the District of Wyoming discretion in the handling of marijuana cases.
The Justice Department memo extends the federal decision to stop prosecutions of marijuana cases in states such as Colorado and Washington to tribes on sovereign lands.
U.S. attorneys won’t make marijuana a priority but could prosecute on a case-by-case basis.
“It simply extends the same general process that was extended to Colorado and the other states to the tribes,” said Crofts. “If they adopt a tribal law to allow it, we will consult with the tribes to be sure there are reasonable regulations in place and enter into an agreement with them.”
Federal officials say there is no easy answer to regulating marijuana on tribal lands. The attorneys are working to clarify their stance on tribal marijuana use in Wyoming.
Possession and use of marijuana are still illegal under the Tribal Law and Order Code. Northern Arapaho officials say the tribe has no immediate plans to legalize the use or sale of marijuana.
“At this point in time, the business council is monitoring the issue, researching the issue but has no plans to change the law,” Howell said. “There are no current plans; the business council is simply monitoring the issue.”
The tribe is not researching the law for business purposes.
Howell said the tribes are not likely to change their laws under current state and federal laws deeming marijuana use illegal.
Tribes in states that have already legalized marijuana are more likely to legalize marijuana on tribal lands, he said.
“The tribes in those states are looking at it a bit more actively than in other states,” Howell said. “The tribes in states where it isn’t legal are a lot less active in their pursing this.”
Eastern Shoshone officials could not be reached for comment.
http://billingsgazette.com/news/sta...cle_3274c39c-fe01-57c8-a524-fe500c9a2327.html
