In a completely unexpected move by the Obama Administration, the US Department of Justice released a memo on October 28 indicating to Native American tribes that they can engage in cannabis commerce–cultivation, processing and retail sales–as long as they comport with the existing eight rules put forward in a previous August 2013 Obama Administration memo allowing states the autonomy to develop cannabis-based businesses in states where voters have passed binding ballot initiatives or elected policymakers have passed reform legislation.
- Distribution of marijuana to minors
- Revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels
- Diversion of marijuana from states where it is legal to states where it remains illegal
- State-authorized marijuana activity being used as a cover for trafficking other illegal drugs or activity
- Violence or the use of firearms as part of cultivation and distribution of marijuana
- Drugged driving or the exacerbation of other negative health consequences associated with marijuana use
- Growing marijuana on public lands
- Marijuana possession or use on federal property
US News writes that “there are 326 federally recognized American Indian reservations, according to the Bureau of Indian Affairs. Many reservations are in states that don’t allow marijuana for medical or recreational use, such as Oklahoma, Utah and the Dakotas. Others are located near major East Coast cities and far from legal pot stores in the West.
“The tribes have the sovereign right to set the code on their reservations,” U.S. attorney for North Dakota Timothy Purdon, chairman of the Attorney General’s Subcommittee on Native American Issues, told the Times.
In a statement, the Department of Justice said U.S. attorneys will review tribal marijuana policies on a case-by-case basis and that prosecutors retain the right to enforce federal law.
“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,” the statement says.
Read the DOJ memo allowing Native American tribes to regulate cannabis-related businesses here.
A detailed map of Native American tribes is found here.
In a Statement of Administration Policy, released today, President Obama’s administration took a firm stance against recent efforts by Rep. Andy Harris (R-MD) to restrict the District of Columbia from using any of its funds towards reducing the penalties for, or legalizing, marijuana for recreational use.
The memo states that “the Administration strongly opposes the language in the bill preventing the District from using its own local funds to carry out locally- passed marijuana policies, which again undermines the principles of States rights and of District home rule. Furthermore, the language poses legal challenges to the Metropolitan Police Department’s enforcement of all marijuana laws currently in force in the District.”
“It is encouraging to see the White House stand up for DC’s right to pursue the reformation of their marijuana laws,” stated NORML Communications Director Erik Altieri, “Prohibition is a failed policy and we are pleased to see President Barack Obama beginning to act in accordance with the view of an overwhelming majority of Americans that states and localities should be free to pursue new approaches to marijuana, free from federal incursion.”
You can read the full text of the memo here.
You can click here to quickly and easily contact your elected officials and encourage them to oppose this amendment.
Senate members are expected to vote imminently in regard to language that seeks to bar the US Justice Department from interfering in activities that are compliant with state medical cannabis laws.
Senators Rand Paul (R-KY) and Cory Booker (D-NJ) will introduce the bipartisan amendment, which will be similar to language approved by the US House of Representatives earlier this month. As with other legislation, the amendment must be approved by majorities in both legislative chambers before it is sent to the President for approval.
This will be the first time in recent memory that US Senators have ever decided on provisions specific to liberalizing America’s marijuana policies.
It is time that we allowed our unique federalist system to work the way it was intended. Patients and providers should be permitted to engage in state-sanctioned, medical cannabis-related activities free from the threat of federal interference or federal prosecution.
Please write or call your members of Senate today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a pre-written letter will be e-mailed to your Senators when you visit here.
Many marijuana smokers were thrilled when Barack Obama became president since he’d previously "outed" himself in his 1995 memoir Dreams From My Father. In his memoir, Obama acknowledges that he and his friends in the "Choom Gang" were regular marijuana smokers during his high school years in Hawaii, a practice he apparently continued while attending Occidental College in LA for two years followed by two years at Columbia University in New York.
This was further confirmed by David Maraniss’ in his 2012 biography titled Barack Obama: The Story, which provided more details and suggested that Obama had been a serious pothead during his youth, favoring local Hawaii strains such as Maui Wowie, Kauai Electric, Puna Bud, and Kona Gold; none of which apparently limited his ability to excel academically, as he was subsequently President of the Harvard Law Review in 1991.
Many of those same smokers became disillusioned when President Obama did nothing to advance legalization during his first term, and on the occasion when the topic was raised by a White House petition or otherwise, he refused to treat marijuana legalization as a serious policy topic, instead making jokes about what all those petition signers must have been smoking – deflecting a question on a hot-button social issue, but it also felt insulting to those of us who smoke.
Perhaps because I have lived in Washington, DC for 48 years and have seen too many administrations come and go, I did not expect Obama to do anything significant to advance marijuana legalization during his first term. Controversial policy changes generally come, if at all, during a president’s second term, when he faces no future elections, and is sometimes willing to risk some of his personal popularity to embrace a policy on principle.
That appears to be precisely what has occurred with Obama.
Earlier today, 18 members of Congress signed onto a letter that was delivered to President Barack Obama calling for him to remove marijuana from Schedule I of the Controlled Substances Act.
“We request that you take action to help alleviate the harms to society caused by the federal Schedule I classification of marijuana. Lives and resources are wasted on enforcing harsh, unrealistic, and unfair marijuana laws,” the letter reads, “Nearly two-thirds of a million people every year are arrested for marijuana possession. We spend billions every year enforcing marijuana laws, which disproportionately impact minorities. According to the ACLU, black Americans are nearly four times more likely than whites to be arrested for marijuana possession, despite comparable usage rates.”
The letter was signed by Representatives Blumenauer (OR), Cohen (TN), Farr (CA), Grijalva (AZ), Honda (CA), Huffman (CA), Lee (CA), Lofgren (CA), Lowenthal (CA), McGovern (MA), Moran (VA), O’Rourke (TX), Polis (CO), Quigley (IL), Rohrabacher (CA), Schakowsky (IL), Swalwell (CA), and Welch (VT).
“Classifying marijuana as Schedule I at the federal level perpetuates an unjust and irrational system. Schedule I recognizes no medical use, disregarding both medical evidence and the laws of nearly half of the states that have legalized medical marijuana,” the letter continued, “A Schedule I or II classification also means that marijuana businesses in states where adult or medical use are legal cannot deduct business expenses from their taxes or take tax credits due to Section 280E of the federal tax code. We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II.”
You can read the full text of the letter here.