Menominee tribal members approve on-reservation marijuana use

By Cary Spivak

The Menominee Tribe overwhelmingly approved two advisory referendum questions authorizing its legislature to legalize marijuana on its reservation, the tribe said Friday.
Tribal members voted 677 to 499 to legalize marijuana use for recreational purposes. Members approved marijuana for medicinal purposes 899 to 275. The voting was conducted Wednesday and Thursday and the results announced Friday morning.

The matter now moves to the tribe's legislature, which will study the issue and likely approve ordinances legalizing marijuana.
"This is new ground," Gary Besaw, Menominee chairman, said in an interview shortly after the results were announced. "We have to start looking at developing best practices and draft ordinances to maximize the benefits we believe are possible and minimize the consequences we believe also are possible."

Added David Armstrong, the outgoing head of the Indian law office for Wisconsin Judicare in Wausau, "Nobody really knows what's happening."
Among the possible negative consequences that the tribal legislature will study is what impact legalizing a drug have on an impoverished reservation that has long been plagued with substance abuse issues.
"It's a huge concern," Besaw said. "It's part of the cautious approach we are going to take before we bring forward any legislation."

Legalizing marijuana on reservations has become a hot topic since late last year when the U.S. Department of Justice released a memo instructing federal authorities to not prevent tribes from growing or selling pot on their reservations — even in states such as Wisconsin where it is illegal.
But the memo did not legalize the drug and authorities authorities are instructed to enforce marijuana laws in certain circumstances such as if the weed is sold to minors or transported to a state where it remains illegal.

Two tribal marijuana growing operations in California were raided by federal authorities last month.
State law enforcement authorities do not have jurisdiction in the Menominee tribal land near Shawano. Federal authorities do. State and local authorities have jurisdiction over the 10 other tribes in Wisconsin. At least three of those — St. Croix Chippewa, Red Cliff Chippewa and Sokaogon (Mole Lake) Chippewa — are seriously looking at legalizing marijuana or a derivative on their reservations.

The Menominee tribe, which had its tribal status restored in the early 1970s, is the only tribe in the state that is a non-Public Law 280 tribe. That means the federal government enforces the laws on its reservation.
In an interview with the Journal Sentinel last week, Wisconsin Attorney General Brad Schimel said he would enforce marijuana laws on the reservations where he has jurisdiction and would also enforce drug possession laws if people leave the Menominee reservation with the drug.

Besaw noted it is an open question whether the tribe would be able to sell marijuana to non-Indians on reservation lands. Though federal authorities would have jurisdiction over most criminal laws on the Menominee reservation, Besaw said local authorities can enforce victimless crimes by non-Indians that occur on the tribal land.
Besaw said he hopes to soon meet with Gregory Haanstad, the acting U.S. Attorney for the Eastern District of Wisconsin. He had met with James Santelle, who left the post on July 31.