As more states legalise the recreational and medicinal use of marijuana, American Indians are looking to grow the crop on tribal land
Cannabis being prepared in Denver Photo: Reuters
American Indian tribes are looking to
become the beneficiaries of the “green gold rush” as the legalisation of
marijuana spreads from state to state.
With four states and Washington DC already allowing the recreational
use of pot, and more expected to follow, cannabis cultivation is on the
cusp of becoming very big business, especially with another 23 states already allowing pot to be used for medicinal purposes.
This is very good news for American Indians with as many as 200 tribes
understood to be considering growing cannabis on their land.
They are able to do this because of tribal land’s unique legal status, which has enabled them to cash in on the lucrative casino business for over two decades.
Now it is marijuana which is seen as a way of generating jobs on reservations and generating money for tribal administrations.
The taxes on what is certain to be a lucrative cash crop will be used
to support social services on tribal land such as schools, health
clinics and old people’s homes.
It is a matter of economic necessity in many cases, Stephen Pevar, lecturer in American Indian law at New York University, explained.
Over 21? You can now grow your own Cannabis in Colorado
“Unemployment on reservations is very, very high – 60, 70 or even 80 per cent. Many reservations are located on the most barren territories, they were selected as dumping grounds.
“I lived on one in South Dakota, it was beautiful, but it was desolate.”
Casinos are seen as the template which many tribes are looking to follow.
They have cashed in since the 1988 Indian Gaming Regulatory Act authorised gambling on tribal land, even if it remained illegal in the surrounding state.
“Some tribes are already negotiating with state authorities and they are hoping it will do the same thing as the legalisation of casinos, which is an industry now worth $27 billion a year to them,” explained Justin O’Connor, the president of Native Nation Events, a networking and conferencing organisation.
It is holding a conference on marijuana in San Diego in September. As many as 40 per cent of America’s 567 federally recognised tribes are expected to attend.
The conference, which is being held in conjunction with the Indian Country Cannabis Association, is intended to help tribes put together viable and lucrative marijuana businesses.
“It is certainly significant,” said Allen St Pierre, executive director of NORML, a group campaigning for the legalisation of pot.
Alaska Cannabis Club CEO Charlo Greene prepares to roll a joint at the medical marijuana dispensary in Anchorage
“America has seen some tribes go from being economically disadvantaged to becoming powerful economic and political players through the introduction of one industry, gambling.
“Now the same could be happening with marijuana.”
The American Indian interest in the cannabis business was triggered by a memorandum released by the Department of Justice last December, which effectively gave tribes the right to grow and sell marijuana on their reservations.
There were a series of caveats such as the requirement to keep the drug away from children and an obligation to take steps to prevent drugged driving.
American Indian tribes are able to exercise these rights on what is known as Indian Land, in many cases reservations and in others tracts of the country which are legally owned by the Federal Government.
“Tribes are distinct governmental entities,” explained Anthony Broadman, a lawyer in Oregon specialising in Indian affairs.
“A number of seminal Supreme Court cases have established that tribes have the right to make their own laws and be ruled by them. In many cases the land is in remote areas and Indian tribes have specialised in industries which have been heavily taxed, such as fuel and tobacco.
“It could be the next green gold rush,” he added.
FoxBarry, a company which has worked with American Indian tribes setting up casino businesses, is ready to become involved in marijuana enterprises as well.
“So many tribes want to do this right now,” said Barry Brautman, FoxBarry’s chief executive.
American Indians are divided over cultivating marijuana on tribal land
But support for the change is by no means unanimous.
Some tribes are worried about the dangers of worsening drug abuse, with research showing that American Indians do suffer disproportionately from drug-related deaths.
The Affiliated Tribes of Northwest Indians, representing 57 tribal governments in Oregon, Idaho, Washington, southeast Alaska, northern California and western Montana, have come out against legalising the drug on their land.
“We cannot deny that marijuana legalisation will have a devastating impact on our communities and we want none of it,” said Simon Lee Sampson of the Yakama Nation in Washington State.
On the other side of the country, in Maine, the tribes are split with three out of four considering legalising cannabis cultivation, while the Penobscot, in the south of the state, have made it clear they are not interested.
Henry John Bear, who represents the Maliseets in Maine’s legislature, said he believed that growing marijuana on tribal land was environmentally preferable to flattening forests for logging.
“I am interested in it as a medicine and as an alternative to improper land use.
“It is a form of economic development which is sustainable and consistent with our philosophy of wise husbandry of the land. In my view this is the proper way to go.”
It is a matter of economic necessity in many cases, Stephen Pevar, lecturer in American Indian law at New York University, explained.
Over 21? You can now grow your own Cannabis in Colorado
“Unemployment on reservations is very, very high – 60, 70 or even 80 per cent. Many reservations are located on the most barren territories, they were selected as dumping grounds.
“I lived on one in South Dakota, it was beautiful, but it was desolate.”
Casinos are seen as the template which many tribes are looking to follow.
They have cashed in since the 1988 Indian Gaming Regulatory Act authorised gambling on tribal land, even if it remained illegal in the surrounding state.
“Some tribes are already negotiating with state authorities and they are hoping it will do the same thing as the legalisation of casinos, which is an industry now worth $27 billion a year to them,” explained Justin O’Connor, the president of Native Nation Events, a networking and conferencing organisation.
It is holding a conference on marijuana in San Diego in September. As many as 40 per cent of America’s 567 federally recognised tribes are expected to attend.
The conference, which is being held in conjunction with the Indian Country Cannabis Association, is intended to help tribes put together viable and lucrative marijuana businesses.
“It is certainly significant,” said Allen St Pierre, executive director of NORML, a group campaigning for the legalisation of pot.
Alaska Cannabis Club CEO Charlo Greene prepares to roll a joint at the medical marijuana dispensary in Anchorage
“America has seen some tribes go from being economically disadvantaged to becoming powerful economic and political players through the introduction of one industry, gambling.
“Now the same could be happening with marijuana.”
The American Indian interest in the cannabis business was triggered by a memorandum released by the Department of Justice last December, which effectively gave tribes the right to grow and sell marijuana on their reservations.
There were a series of caveats such as the requirement to keep the drug away from children and an obligation to take steps to prevent drugged driving.
American Indian tribes are able to exercise these rights on what is known as Indian Land, in many cases reservations and in others tracts of the country which are legally owned by the Federal Government.
“Tribes are distinct governmental entities,” explained Anthony Broadman, a lawyer in Oregon specialising in Indian affairs.
“A number of seminal Supreme Court cases have established that tribes have the right to make their own laws and be ruled by them. In many cases the land is in remote areas and Indian tribes have specialised in industries which have been heavily taxed, such as fuel and tobacco.
“It could be the next green gold rush,” he added.
FoxBarry, a company which has worked with American Indian tribes setting up casino businesses, is ready to become involved in marijuana enterprises as well.
“So many tribes want to do this right now,” said Barry Brautman, FoxBarry’s chief executive.
American Indians are divided over cultivating marijuana on tribal land
But support for the change is by no means unanimous.
Some tribes are worried about the dangers of worsening drug abuse, with research showing that American Indians do suffer disproportionately from drug-related deaths.
The Affiliated Tribes of Northwest Indians, representing 57 tribal governments in Oregon, Idaho, Washington, southeast Alaska, northern California and western Montana, have come out against legalising the drug on their land.
“We cannot deny that marijuana legalisation will have a devastating impact on our communities and we want none of it,” said Simon Lee Sampson of the Yakama Nation in Washington State.
On the other side of the country, in Maine, the tribes are split with three out of four considering legalising cannabis cultivation, while the Penobscot, in the south of the state, have made it clear they are not interested.
Henry John Bear, who represents the Maliseets in Maine’s legislature, said he believed that growing marijuana on tribal land was environmentally preferable to flattening forests for logging.
“I am interested in it as a medicine and as an alternative to improper land use.
“It is a form of economic development which is sustainable and consistent with our philosophy of wise husbandry of the land. In my view this is the proper way to go.”
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