On October 28, 2014, Monty Wilkinson, Director of the Executive Office for United States Attorneys in the United States Department of Justice, sent a memorandum whose subject line was “Policy Statement Regarding Marijuana Issues in Indian Country” to all United States Attorneys, all Tribal Liaisons, and others in the Department. You can read this memo here.
It begins
by acknowledging the progress made towards the legalization of cannabis and the
impetus coming from the tribes for more information:
“With a
number of states legalizing marijuana for use and production, some tribes have
requested guidance on the enforcement of the Controlled Substance Act (CSA) on
tribal lands by the United States Attorneys’ offices.”
Director
Wilkinson continues:
“With
these requests in mind, the Attorney General’s Native American Issues
Subcommittee has reviewed the Memorandum from the Deputy Attorney General,
dated August 29, 2013, regarding marijuana enforcement (“Cole Memorandum”) and
considered its impact on Indian Country.”
He next
enumerates the Eight Priorities that the Cole Memorandum enshrines (for now) as
the criteria according to which U.S. Attorneys should determine whether or not
to prosecute individuals and institutions complying with their respective state
laws regarding the production, distribution, sale, and use of cannabis, even if
they are still in violation of the Federal prohibition against cannabis as a
Schedule 1 drug along with heroin and LSD.
He goes on to say that:
“The eight
priorities in the Cole Memorandum will guide United States Attorneys’ marijuana
enforcement efforts in Indian Country, including in the event that sovereign
Indian Nations seek to legalize the cultivation or use of marijuana in Indian
Country.”
The final paragraph
is an instruction to the U.S. Attorneys to keep the home office fully-informed
about any matters relating to the enforcement of anti-cannabis laws in Indian
Country, “in order to keep the Department’s leadership apprised of significant
issues and to maintain consistency throughout the Department.”
DoJ
Supervisory Public Affairs Specialist Wyn Hornbuckle today also provided this
additional statement to Etopia News:
“The
Justice Department is committed to dealing with tribes on a
government-to-government basis. This policy statement recognizes that
Indian country is incredibly diverse, and different tribes will have different
perspectives on enforcement priorities that are in the best interest of their
community’s public safety. Some tribes are very concerned with public safety
implications, such as the impact on youth, and the use of tribal lands for the
cultivation or transport of marijuana, while others have explored
decriminalization and other approaches. Marijuana remains illegal under federal
law, and nothing in the Cole memorandum or this policy statement alters the
authority or jurisdiction of the United States to enforce federal law in Indian
Country or elsewhere. Each U.S. Attorney will assess the threats and
circumstances in his or her district, and consult closely with tribal partners
and the Justice Department when significant issues or enforcement decisions
arise in this area.”
He
also provided some additional background for
context:
“The August 29, 2013 ‘Cole
Memorandum’ states that ‘The Department’s guidance in this memorandum rests on
its expectation that states and local governments that have enacted laws
authorizing marijuana-related conduct will implement strong and effective
regulatory and enforcement systems that will address the threat those state
laws could pose to public safety, public health, and other law enforcement
interests.’ The memorandum goes on to note such jurisdictions ‘must
provide the necessary resources and demonstrate the willingness to enforce
their laws and regulations in a manner that ensures they do not undermine federal
enforcement priorities.’ One such effective measure is ‘to prevent diversion of
marijuana outside of the regulated system and to other states.’”
This move
by the administration is echoed in a similar provision in the recently-passed
1.1 trillion spending bill, which, according to the Huffington Post,
“includes
an amendment that prohibits the Department of Justice from using funds to go
after state-legal medical cannabis programs. If the bill is signed into law, it
will bring the federal government one step closer to ending raids on medical
marijuana dispensaries, as well as stopping arrests of individuals involved
with pot businesses that are complying with state law.”
Wyn Hornbuckle at DoJ also recommended these additional pieces of coverage of this issue:
Could legal pot sales be coming to Seneca’s reservations?
Wyn Hornbuckle at DoJ also recommended these additional pieces of coverage of this issue:
Could legal pot sales be coming to Seneca’s reservations?
