State laws remain an issue as tribes consider growing marijuana

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More on: california, doj, jurisdiction, marijuana, pinoleville pomo, pl280,robert odawi porter, supreme court, torres martinez

The Tribal Marijuana Conference was held on the Tulalip Reservation in Washington on February 27, 2015. Photo by Chris Stearns / Twitter Tribes in Public Law 280 states might face additional hurdles if they open their lands to marijuana, a prominent attorney said. The termination-era law grants civil and criminal jurisdiction in Indian Country to several states. That could spell trouble for people who grow, possess or sell marijuana on reservations in states where the drug remains illegal. “If you’re in a state that bans any kind of marijuana, and the state does have criminal jurisdiction granted to it by Congress, that would be double-enhanced risk," Robert Odawi Porter, an attorney and former president of theSeneca Nation of New York, told Forbes. But if a Public Law 280 state has legalized marijuana for certain purposes, that could open the door in Indian Country. Tribes could cite the U.S. Supreme Court decision in California v. Cabazon Band of Mission Indians in defense of their rights. “If a state has legalized it for certain purposes, they’ve decriminalized it, and that action opens the door to the tribe’s regulation," Porter told Forbes. California is one of those Public Law 280 states. However, medicinal marijuana is regulated under state law. Two tribes in the state -- the Pinoleville Pomo Nation and the Torres Martinez Desert Cahuilla Tribe -- are already planning medical marijuana operations on their lands. Get the Story: From Casinos To Cannabis: Indian Tribes Eye Pot Profits (Forbes 3/12) Relevant Documents: Department of Justice Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)