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U.S. won't stop Native Americans from growing, selling pot on their lands

 

 

 

Opening the door for what could be a lucrative and controversial new industry on some Native American reservations, the Justice Department on Thursday will tell U.S. attorneys to not prevent tribes from growing or selling marijuana on the sovereign lands, even in states that ban the practice..

 

The new guidance, released in a memorandum, will be implemented on a case-by-case basis and tribes must still follow federal guidelines, said Timothy Purdon, the U.S. attorney for North Dakota and the chairman of the Attorney General's Subcommittee on Native American Issues.

 

 

 

“It once again sends a message that we really don't care about federal drug laws.”

- Kevin A. Sabet, an opponent of marijuana legalization and former advisor on drug issues to President Obama

It remains to be seen how many reservations will take advantage of the policy. Many tribes are opposed to legalizing pot on their lands, and federal officials will continue to enforce the law in those areas, if requested.

 

Southern California is home to nearly 30 federal- and state-recognized Indian tribes, with a total population of nearly 200,000, according to state estimates. The largest tribes operate profitable casinos and outlet malls, including those by the Morongo, Cabazon, San Manuel and Pechanga tribes.

 

 

 

 

The policy comes on the heels of the 2013 Justice Department decision to stop most federal marijuana prosecutions in states that have legalized the possession or sale of pot. Colorado, Washington, Oregon, Alaska and the District of Columbia have all moved to legalize the drug, though the D.C. law may be scaled back by Congress

 

Some tribes see marijuana sales as a potential source of revenue, similar to cigarette sales and casino gambling, which have brought a financial boon to reservations across the country. Others, including the Yakama Reservation in Washington state, remain strongly opposed to the sale or use of marijuana on their lands.

 

Purdon said in an interview that the majority of Native American tribes, mindful of the painful legacy of alcohol abuse in their communities, appear to be against allowing marijuana use on their territory.

 

The federal government will continue to legally support those tribes that wish to ban marijuana, even in states that now permit its sale, Purdon said.

But the Justice Department will generally not attempt to enforce federal marijuana laws on federally recognized tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.

 

"The tribes have the sovereign right to set the code on their reservations," Purdon said.

 

John Walsh, the U.S. attorney for Colorado, said a primary purpose of the memorandum to be released Thursday is to assure U.S. attorney offices and tribes that despite the changes in Justice Department policy announced last year, federal prosecutors still have the authority to prosecute marijuana felonies on tribal lands.

 

In many cases, federal prosecutors are the only ones permitted by law to prosecute marijuana felonies on tribal lands.

 

Walsh said that the new memorandum, like the one issued for states last year, emphasizes that states or reservations must have "robust and effective regulatory systems in place" and that federal prosecutors reserve the right to take broader enforcement actions.

 

The policy is likely to be criticized in states opposed to marijuana sales, particularly those with Native American reservations.

 

 

http://www.latimes.com/business/la-fi-marijuana-indians-20141211-story.html

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Very magnanimous of them . What land ?

 

 

Congress Giving Sacred Apache Lands To Foreign Mining Company 

 

In a late night addition to the 2015 National Defense Authorization Act (NDAA) bill, Congress slipped in a provision that will hand off 2,400 acres of land sacred to the San Carlos Apache to a foreign mining concern. The ancestral and ceremonial lands, a part of the Tonto National Forest, includes the site, Apache Leap, where Apache warriors jumped to their deaths rather than be captured by US troops.

 

http://reverbpress.com/uncategorized/congress-giving-sacred-apache-lands-to-foreign-mining-company/

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Edited by knucklehead bob
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^^^^^ Members forum. It's a thread from a couple months ago I remembered.

 

Here's a snippet;

 

Chippewas in the cannabis game?

Could the newest player in Michigan’s medical marijuana market be the oldest residents of the state?

H & H Organic Investments announced a contractor for their new hydroponic construction project on tribal lands in Michigan for the Chippewa Tribe Nation. The hydro growing operation will be approx. 50,000 square feet and will be located on the Chippewa Indian reservation in Michigan, per the company’s press release. More facilities are planned: up to ten hydroponic gardens constructed across the nation, based on significant interest from native tribes.

Although the press release doesn’t specifically denote the purpose of the hydroponic setup, H & H’s holding company, Florida-based iMD, describes themselves this way: “The company has recently re-positioned to be a holding company for acquisitions in the medical and marijuana industry.”

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PLACERVILLE, CA, Oct. 14, 2014 /PRNewswire/ - iMD Companies, Inc. (ICBU) The company announced today that an exclusive contract with H & H Organic Investments via one of iMD's subsidiaries R-Quest Hydroponics to be the exclusive designer, builder, and maintenance group for H & H's Tribal facility in Michigan with the Chippewa Tribe Nation. This transaction will include some exclusive equipment (Environmental Master Controller – EMC 5000) that only R-Quest Hydroponics has and enables them to use their experienced contractors to rapidly build out the facilities H & H Organic Investments has on the table for 2014 & 2015.

Josh Hernandez, Managing Member of H & H Organic Investments commented: "We were looking for a one stop shop to help us build out our Grow Facilities, and when we came across R-Quest Hydroponics, we found such an organization.  We did our due diligence, found that the group at R-Quest Hydroponics not only had experience, but in fact built the first "Approved" Grow Facility in California.  That was our defining moment to move in and get an exclusive agreement for our company in place to provide us with the tools, design, and maintenance of our first facility which will be approximately 50,000 Sqft on the Chippewa Indian reservation in Michigan.  We have a very unique opportunity with the Chippewa Tribe that has spawned numerous tribes wanting similar deals with us and needed to have a group that has the experience and could move quickly.  We are the first organization to have such an agreement with the Chippewa Tribe and look to have similar agreements in place come the end of the year.  We are planning on building 5-10 similar facilities across the country and will use R-Quest Hydroponics as our exclusive designer, builder, and maintenance organization. 

"We are thrilled to partner with H & H in this amazing venture." Stated Larry Robertson, President of R-Quest Technologies. "Each entity contains specialized areas of expertise that perfectly balance the other. Combined, we offer every aspect necessary to not only construct the brick and mortar, but also provide the services and equipment to ensure successful operations within. That includes on going training and monitoring through botanists and expert growers. This joint venture truly creates a 'One-Stop Shop' for any and all commercial grow sites."

About iMD Companies, Inc.
iMD Companies, Inc., (ICBU) is a Florida corporation, engaged in the medical diagnostics and health industries. The company has recently re-positioned to be a holding company for acquisitions in the medical and marijuana industry.  Recent acquisitions in those areas are R-Quest Hydroponics Inc. from Anything Technologies Media (EXMT). Greenlinks Inc. and Lumz'n Blooms, Ltd., a Manufacturer of Indoor Gardening and Hydroponics Equipment. The company and the principals of the management team have extensive backgrounds in finance, new technologies, manufacturing, marketing and distribution.  Ibo's goal is to create and increase shareholder value by tactically growing our core Hydroponics business while strategically seeking to acquire new business and create other business alliances, which generate increased revenues and earnings.

About R-Quest Hydroponics, Inc.
R-Quest Hydroponics, Inc., is a Hardware and Software Manufacturing Company with its headquarters in Placerville, California.  R-Quest Hydroponics, Inc. has developed the new Environmental Master Controller EMC-5000 system, which is able to provide constant management for grow room facilities for indoor gardens. The EMC-5000 was developed so that growers can rest easy with the confidence that their crop is in excellent hands. The EMC-5000 is able to regulate and control all aspects of an indoor grow system, including Light cycles to optimize growth, Fans, Nutrient pumps, and CO2 level controls to help manage grow rooms. To see more information on the EMC-5000 go to www.r-questhydro.com

About Lumz'n Blooms, Ltd.
Lumz'n Blooms, LTD's main products allow consumers to "Bring the Sun Indoors".  Lighting, ballasts, growing materials are considered the "Pickaxe and Shovel" of the "Green Rush".  Over the past 7 plus years Lumz'n Blooms has developed strong distribution channels and today counts Central Garden and Pet, HomeDepot.com, Amazon Prime, Bi-Mart, Orchard Supply as well as hundreds of independent Nursery, Hardware and Hydroponics Retailers among its customers.  These established distribution channels, combined with their extensive product line and industry knowledge, makes Lumz'n Blooms a foundational acquisition for building future growth. For more information go to www.Lumz-n-Blooms.com ,www.TuckersPride.com and www.InHomeGardening.com

Safe Harbor Statement
Certain statements made in this press release constitute forward-looking statements that are based on management's expectations, estimates, projections and assumptions. Words such as "expects," "anticipates," "plans," "believes," "scheduled," "estimates" and variations of these words and similar expressions are intended to identify forward-looking statements. Forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, as amended. These statements are not guarantees of future performance and involve certain risks and uncertainties, which are difficult to predict. Therefore, actual future results and trends may differ materially from what is forecast in forward-looking statements due to a variety of factors. All forward-looking statements speak only as of the date of this press release and the company does not undertake any obligation to update or publicly release any revisions to forward-looking statements to reflect events, circumstances or changes in expectations after the date of this press release.

www.imdcompanies.com  

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IMO this is more about the ceded lands and water, than marijuana. The Yakima tribe, in Washington, were fighting legalization on the Rez, and the ceded lands surrounding the tribe. That would have set the precedent that they have control of what happens on ceded properties.

The state of WA water supply is also on that land.

In south Dakota, keystone xl, is planning on putting pipeline, through ceded land.

 

It seems pretty obvious now why a casino owner would pump so much money into keeping cannabis growing out of the hands of the general public (Florida) when there's a chance that the natives could build out grow facilities, and sell cannabis at casinos, and to the medical market. I also thinks it's crap that they didn't hire for the buildout from within the state.

 

What I'm interested in personally, is writing a proposal, and getting financial backers that are interested in working with the tribe. Of course, it seems that the Chippewa knew this memorandum was coming, before it was published. 50 mil is a lot of debt to spend on a lark.

Edited by slipstar059
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Oklahoma City U.S. Attorney Sanford C. Coats said Thursday that the U.S. Justice Department is not opening the door for the sale and cultivation of marijuana on Oklahoma Indian lands.

 
w300-1f0f9e04a57f60e8aaafaa19c38b1237.jp
In this Feb. 7 file photo, a worker cultivates a special strain of medical marijuana known as Charlotte’s Web inside a greenhouse, in a remote spot in the mountains west of Colorado Springs, Colo. Utah will begin issuing registration cards Tuesday for its limited medical marijuana program targeting adults and children with severe epilepsy. AP Photo

The Justice Department released a memorandum Thursday that some are interpreting to mean that federal prosecutors will take a hands-off approach to prosecuting marijuana sale and cultivation charges on any Indian lands when tribes vote to allow it. Such an approach would be similar to the approach the federal government has taken in not prosecuting federal marijuana crimes in states that vote to allow it its use.

Some advocates said the announcement could open new markets across the country and give rise to a rich new business on reservations, not unlike the advent of casino gambling. Others said it was too early to tell; many tribes oppose legalization, and only a handful of tribes have expressed any interest in the marijuana business.

Coats, who serves on the U.S. attorney general’s advisory subcommittee on American Indian issues, said he doesn’t believe the door is wide open for tribal marijuana sales.

Coats said he believes any decision not to enforce federal marijuana laws on Indian lands would be limited to states that have voted to liberalize marijuana laws.

“Basically, what I think the Department of Justice has recognized is that in states where there is legal marijuana in some form, tribes may want to get into that business,” he said. “This gives some guidance on what the reaction of federal law enforcement ought to be.”

Coats said he doesn’t foresee Oklahoma Indian tribes rushing into pot sales.

“I think that’s extremely unlikely in Oklahoma,” Coats said.

“We’ve had no indication from our tribes, in the western district, at least, that they have any interest in this. Practically, I can’t see how that would even be possible in Oklahoma because we don’t have any legalized sale of marijuana here, medical or otherwise.

“Part of the policy...contemplates a well-regulated state system for marijuana cultivation and sale and, for obvious reasons, we don’t have that here in Oklahoma,” he said.

“Not only do we have no indication that any of our tribes in the western district are interested, practically, I’m not sure that’s even a realistic possibility.”

Travis Noland, a media spokesman with the Cherokee Nation, said he wasn’t familiar with the issue.

“I don’t think this is on anybody’s radar,” Noland said.

Chickasaw Nation spokesman Tony Choate said he also has not heard discussions on the topic.

News accounts about the Justice Department memorandum created a national stir Thursday. Publications ranging from the Los Angeles Times to High Times reported that the department had opened the door for tribes to grow and sell marijuana on Indian land, even in states where marijuana sales are prohibited.

Coats said nothing in the memo changes the jurisdiction of federal prosecutors in Indian country.

Basically, the memo gives prosecutors guidance on how to prioritize enforcement of marijuana law violations, giving priority to things like preventing the distribution of marijuana to minors and preventing revenue from marijuana sales from being used to finance criminal enterprises, gangs and cartels, he said.

Tribes and marijuana laws across the nation are diverse, and Coats said one of the major purposes of the memorandum was to encourage federal prosecutors to consult with tribes individually when issues come up.

“We have not been presented with anything like that in the western district of Oklahoma and don’t contemplate it,” he said.

 

http://newsok.com/no-pot-sales-for-oklahoma-tribes-official-says/article/5375189

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"In a memorandum released Thursday, the Justice Department announced it will instruct all U.S. attorneys to NOT prevent Native American tribes from cultivating or selling marijuana on reservation lands in spite of any state laws that may be in place. The law of the land will be left up to each individual tribe, with federal law enforcement officials available to continue prosecuting "marijuana crimes" if the tribes so wish. By all that is right this shouldn't have even been a question considering the reservations are sovereign lands."

 

“We have not been presented with anything like that in the western district of Oklahoma and don’t contemplate it,” he said.

 

So dont bring it up, because if you do, I won't be able to enter your land to arrest you, without out tribal approval, and if the tribe approves of marijuana sales then there's nothing I can do, unless your breaking the justice department guidelines, and your tribe asks me to come in and bust  itself.  Is what he should have said.

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Seriously though think of really good, low priced organic meds, grown by the Native Americans. I know someone mentioned watching a show at the casino, and although that may not happen anytime soon, I don't know what would prevent people from getting their meds, from provisioning centers on Native Land.  The pricing could stay competetive, because of tax laws. Or even partnering up with Bayer Pharmacueticals, stateside, for when they get their FDA approval.  Would someone rather pay foreigners to grow their medical cannabis, or keep the money in the US, where it can help by boosting the economy.

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Of course I'm not a lawyer, but I'd like to find out more about what is possible, and what's speculation.  Sure this is what's being said now, but in a few years/next week, who knows.  It would be tragic for a tribe to go into debt, and get told to shut down, before they paid it back.  Not to mention a Federal Judge just ruled that contracts relating to cannabis, couldn't be enforced.

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What happens with all that land owned by non Indians on Indian Reservations? Many reservations have more land owned by non Indians than Indians. There's 5 whole and 2 half townships in the reservation that's going for growing marijuana in Michigan. Everyone get to grow how they want to? A friend of mine lives there and he's not an Indian. 

 

The Saginaw Chippewa Indian Tribal Council today approved settlement of a suit it filed in federal court seeking recognition of the Isabella Indian Reservation. The settlement will ask the federal court to recognize the boundaries of the Isabella Indian Reservation established by the treaties of 1855 and 1864 and comprised of five full and two half townships in Isabella County.

Edited by Restorium2
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I might be wrong, but Your friend is probobally renting? Or he lives somewhere off reservation.  A native can buy and put property in trust.  You don't pay taxes once it's in trust, but if you ever leave it, the land stays with a tribe.  I can buy or build my first home, with a really low downpayment, anywhere in Michigan, but if I'm within the tribes service area, they pay for the downpayment, either way I can get a pretty decent loan at a low interest, with good or bad credit.  I'm not required to put it in trust, to qualify for anything.  Theres also ceded land, which is given back to the government with the understanding that the tribe can hunt and fish on that land whenever traditional hunting practice allows for it.

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I might be wrong, but Your friend is probobally renting? Or he lives somewhere off reservation.  A native can buy and put property in trust.  You don't pay taxes once it's in trust, but if you ever leave it, the land stays with a tribe.  I can buy or build my first home, with a really low downpayment, anywhere in Michigan, but if I'm within the tribes service area, they pay for the downpayment, either way I can get a pretty decent loan at a low interest, with good or bad credit.  I'm not required to put it in trust, to qualify for anything.  Theres also ceded land, which is given back to the government with the understanding that the tribe can hunt and fish on that land whenever traditional hunting practice allows for it.

He owns his home. I just research it and although there are more Indians living on reservations the land is often owned by more non Indians than Indians. 

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The demographic factor, coupled with landownership data, led, for example, to litigation between the Devils Lake Sioux and the State of North Dakota, where non-Indians owned more acreage than tribal members even though more Native Americans resided on the reservation than non-Indians. The court decision turned, in part, on the perception of Indian character, contending that the tribe did not have jurisdiction over the alienated allotments. In a number of instances—e.g., the Yakama Indian Reservation—tribes have identified open and closed areas within reservations. One finds the majority of non-Indian landownership and residence in the open areas and, contrariwise, closed areas represent exclusive tribal residence and related conditions.[

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https://www.youtube.com/watch?feature=player_detailpage&v=-iYY2FQHFwE

 

 

 

 

<iframe width="420" height="315" src="//www.youtube.com/embed/-iYY2FQHFwE" frameborder="0" allowfullscreen></iframe>

 

 

 

Oklahoma City U.S. Attorney Sanford C. Coats said Thursday that the U.S. Justice Department is not opening the door for the sale and cultivation of marijuana on Oklahoma Indian lands.

 

w300-1f0f9e04a57f60e8aaafaa19c38b1237.jp
In this Feb. 7 file photo, a worker cultivates a special strain of medical marijuana known as Charlotte’s Web inside a greenhouse, in a remote spot in the mountains west of Colorado Springs, Colo. Utah will begin issuing registration cards Tuesday for its limited medical marijuana program targeting adults and children with severe epilepsy. AP Photo

The Justice Department released a memorandum Thursday that some are interpreting to mean that federal prosecutors will take a hands-off approach to prosecuting marijuana sale and cultivation charges on any Indian lands when tribes vote to allow it. Such an approach would be similar to the approach the federal government has taken in not prosecuting federal marijuana crimes in states that vote to allow it its use.

Some advocates said the announcement could open new markets across the country and give rise to a rich new business on reservations, not unlike the advent of casino gambling. Others said it was too early to tell; many tribes oppose legalization, and only a handful of tribes have expressed any interest in the marijuana business.

Coats, who serves on the U.S. attorney general’s advisory subcommittee on American Indian issues, said he doesn’t believe the door is wide open for tribal marijuana sales.

Coats said he believes any decision not to enforce federal marijuana laws on Indian lands would be limited to states that have voted to liberalize marijuana laws.

“Basically, what I think the Department of Justice has recognized is that in states where there is legal marijuana in some form, tribes may want to get into that business,” he said. “This gives some guidance on what the reaction of federal law enforcement ought to be.”

Coats said he doesn’t foresee Oklahoma Indian tribes rushing into pot sales.

“I think that’s extremely unlikely in Oklahoma,” Coats said.

“We’ve had no indication from our tribes, in the western district, at least, that they have any interest in this. Practically, I can’t see how that would even be possible in Oklahoma because we don’t have any legalized sale of marijuana here, medical or otherwise.

“Part of the policy...contemplates a well-regulated state system for marijuana cultivation and sale and, for obvious reasons, we don’t have that here in Oklahoma,” he said.

“Not only do we have no indication that any of our tribes in the western district are interested, practically, I’m not sure that’s even a realistic possibility.”

Travis Noland, a media spokesman with the Cherokee Nation, said he wasn’t familiar with the issue.

“I don’t think this is on anybody’s radar,” Noland said.

Chickasaw Nation spokesman Tony Choate said he also has not heard discussions on the topic.

News accounts about the Justice Department memorandum created a national stir Thursday. Publications ranging from the Los Angeles Times to High Times reported that the department had opened the door for tribes to grow and sell marijuana on Indian land, even in states where marijuana sales are prohibited.

Coats said nothing in the memo changes the jurisdiction of federal prosecutors in Indian country.

Basically, the memo gives prosecutors guidance on how to prioritize enforcement of marijuana law violations, giving priority to things like preventing the distribution of marijuana to minors and preventing revenue from marijuana sales from being used to finance criminal enterprises, gangs and cartels, he said.

Tribes and marijuana laws across the nation are diverse, and Coats said one of the major purposes of the memorandum was to encourage federal prosecutors to consult with tribes individually when issues come up.

“We have not been presented with anything like that in the western district of Oklahoma and don’t contemplate it,” he said.

 

http://newsok.com/no...article/5375189

Edited by Chauncy Gardner
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