U.P. tribe becomes first in state to legalize recreational marijuana on reservation

by Devon Mahieu

The Bay Mills Indian Community Reservation has become the first tribe in the State of Michigan to legalize the use of recreational marijuana on their reservation. (WPBN)

CHIPPEWA COUNTY, Mich., (WPBN/WGTU) -- An Upper Peninsula reservation is now the first tribe in the State of Michigan to legalize recreational use of marijuana on the reservation.

On Monday, the Bay Mills Executive Council formally adopted an ordinance allowing individuals to cultivate, possess and use marijuana on the Bay Mills Indian Community Reservation.

Officials said the General Tribal Council voted in favor of legalization, authorizing the Executive Council to create an ordinance within 90 days in January.

The BMIC said the new ordinance mirrors state law in regards to personal possession, cultivation and use.

By mirroring the state law, tribal members will now be on equal footing with state residents.

“Our tribal government does not necessarily promote the use of marijuana, but we believe that criminalizing it is bad policy,” said BMIC Tribal Chairman Bryan Newland. “Our new tribal law ensures that people on our lands are no longer at risk of prosecution for actions that are lawful everywhere else in Michigan.”

At this time, commercial marijuana businesses are not being authorized on the reservation.

Under the new law, only those age 21 and older are permitted to use and possess marijuana.

According to the BMIC, those who have previous convictions in tribal court for marijuana-based offenses can move to have those convictions vacated.

BMIC officials said they will no longer criminalize marijuana offenses, as long as the guidelines of the ordinance are followed.

“Indian tribes are sovereign governments with the inherent right to set local laws addressing marijuana, including its medical and industrial uses, according to the public health and economic needs of their unique communities," said the National Congress of American Indians.