By Rob Williams, University of Arizona Rogers College of Law | The Arizona Republic
(Editor’s note: Opinion pieces are published for discussions purposes only.)
Tribal marijuana has been the big news story of the year in Indian Country, even spilling over into the mainstream media.
The buzz started with the U.S. Department of Justice releasing a memo last December directing U.S. attorneys throughout the country not to prosecute tribes for growing and selling marijuana on reservation lands.
At least as long as the Obama administration is in charge at the Department of Justice, tribes that want to grow and sell the drug only have to meet the same guidelines as states that have opted for full- or partial-legalization of marijuana. Tribes must ensure they don’t violate specific federal drug prosecution priorities, like allowing marijuana sales to minors or permitting diversion of pot to states that have not legalized its use.
