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According to a memo released Thursday, the Department of Justice is instructing U.S. attorneys not to enforce marijuana prohibition on Native American land. This includes territory within states where marijuana is still illegal.
The new guidance, released in a memorandum, will be implemented on a case-by-case basis and tribes must still follow federal guidelines, said Timothy Purdon, the U.S. attorney for North Dakota and the chairman of the Attorney General’s Subcommittee on Native American Issues.
But the Justice Department will generally not attempt to enforce federal marijuana laws on federally recognized tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.
“The tribes have the sovereign right to set the code on their reservations,” Purdon said.
There are 36 states with federally recognized tribal territories. Native American leaders across the country now have the opportunity to take the marijuana market out of the hands of criminals and reap serious financial gains by allowing their residents and neighbors to use a substance that is objectively safer than alcohol.
From USA Today:
“Regulating and taxing marijuana like alcohol would ensure the product is controlled, and it would bring significant revenue and new jobs to these communities,” [MPP’s Mason] Tvert says. “Studies have consistently found above-average rates of alcohol abuse and related problems among Native American communities, so it would be incredibly beneficial to provide adults with a safer recreational alternative.”