Possession At A Casino?

[420 grower]

So a friend dropped a dime bag at 4 winds casino. This am the tribal police came to his house and gave him a ticket for possession. He is a legal patient and caregiver. How can they do that if he had a Mmj card. Is it illegal to posses Mmj on tribal grounds? Dsnt make sense to me. Thanks in advance for your input

[t-pain]

if the casino is on reservation land, its ruled by tribal law. which is federal/tribal land.

[AbominableDro-Man]

Their land, their rules. I say your friend pays whatever his fine is, regardless, and moves on. Those folk've been hassled enough.

[420 grower]

So Mmj isn't legal in all of MI? Can they prosecute this in a regular court not federal. I thght they made it federally ok for tribal lands and for Indians to be able to sell etc... If it were me I'd fight it I think it's bs. Idiots clda jus trashed it but they looked on the video n got his name from his players card. What a waste of time, over a plant he uses for medicine.

Edited February 1, 2015 by 420 grower

[phaquetoo]

indian land is not the same as MI land or our national forrest, anything that is part of fed land is not protected by MI laws!

 

I got hit in a casino hotel in mt pleasent, I got lucky and nothing was done, and they supported my Mi mm rights, but they did not have to!

 

Best of Luck!

 

Peace

[+Malamute]

Tribal lands are not part of Michigan.

 

 Fine is under tribal law I assume.

[t-pain]

So Mmj isn't legal in all of MI?

the MMMA says you cant possess marijuana in a school / school bus, jail.

 

also you cannot possess marijuana on federal land in michigan, because its federal. like fed court house or fed building etc.

 

Can they prosecute this in a regular court not federal.

i think it will be in tribal court actually. your buddy would have to get a lawyer who follows the tribal court rules too.

 

 

I thght they made it federally ok for tribal lands and for Indians to be able to sell etc...

the feds say they wouldnt interfere with tribal land on marijuana.

what this means is that tribes can write their own laws allowing or prohibiting marijuana. so some tribes may allow it and some may ban it.

 

 

If it were me I'd fight it I think it's bs. Idiots clda jus trashed it but they looked on the video n got his name from his players card. What a waste of time, over a plant he uses for medicine.

native american land is like its own country. usa government has said they will work with tribal land. which means if the tribes dont get you, they could ask us marshalls to extradite you to tribal court. i think. i could be wrong haha.

 

depending on the fine, your bud could ask the tribe council to change the marijuana laws. otherwise your buddy should probably pay up and call it a 'gambling tax' and realize that gambling with people you dont know is bad.

 

and yeah thats weak that they did all that trouble just to catch him.

Edited February 1, 2015 by t-pain

[t-pain]

this is from the Saginaw Chippewa Tribal Law , not wherever law your friend got busted on.

http://www.sagchip.org/tribalcourt/ordinances.htm

i am just using this as an example:

 

1.2036 CONTROLLED SUBSTANCES, NARCOTICS. Anyperson who shall plant, grown,

cultivate, harvest, gather, manufacture, sell, barter, g ive away , or have in his possession

any substance which shall now or in the future be a controlled substance pursuant to the

provisions of the Michigan Controlled Substances Act Michigan Statutes Annotated Sec.

14.15 (7101) et. seq. shall be deemed guiltyof an offense and upon conviction thereof,

shall be sentenced to imprisonment for a period not to exceed one (1) y ear or a fine not to

exceed five thousand ($5000) dollars, or to both such imprisonment and fine, with costs.

A valid permit from the Federal government authorizinga person or persons to possess

such substances or a prescription from a phy sician licensed to practice medicine in the

State of Michigan shall be a defense to a prosecution under this provision .Possession of a

valid Registry Identification Card issued under the Michigan Medical Marihuana Act

shall not be a defense against prosecution under this statute.

see, this tribe specifically recognizes the MMMA card and says it has no effect on their land.

 

so you'd have to review whatever law covers that casino. maybe that tribe recognizes it?

Edited February 1, 2015 by t-pain

[t-pain]

4 winds casino is run by Pokagon Band of Potawatomi Indians i think.

 

i think this is their ordinances:

http://www.pokagon.com/government/codes-and-ordinances

 

D. Controlled Substances--Possession, Use, Sale, Manufacture and/or Distribution.

1. It shall be unlawful for any Person to possess, use, sell, manufacture and/or

distribute any controlled substance defined and/or described in the Uniform

Controlled Substances Act, 21 U.S.C. § 812, as updated, without valid

authorization.

2. Violation of this subsection constitutes a Class E Offense.

 

so does the MMMA card constitute "valid authorization" under tribal law?

have to ask tribal court and lawyer.

 

 

5. For a Class E Offense the fine shall not exceed five thousand dollars ($5,000).

 

yikes.

Edited February 1, 2015 by t-pain

[Beans]

I never liked the Natives net fishing walleyes where i fish 

 

but they were here first

[cristinew]

So Mmj isn't legal in all of MI?   NO  not on any federal land,  not the post office even,

[Indigro]

Spent 7 yrs in vegas, plus hit many cno's from east to west... not an issue anywhere, including potawatomi... but suppose I wasnt leaving it around for anyone to bother with, and didnt live on rez land where they could ticket. Its got to just be income generation if its a ticket... ask them to reduce it to a comp amount in littering or the like. Unles he's a member I just dont c that they would really care... just a little irked at his negligence is all, plus the money.

[AmishRnot4ganja]

I would like to know what would happen if your friend just ignored the native American bullsh+t.

[Kingdiamond]

If this is nothing but a fine what is the problem pay the fine and be glad you didn't end up in tribal jail your card is no good on Indian land its technically not Michigan  .

[trichcycler]

I never liked the Natives net fishing walleyes where i fish 

 

but they were here first

when I was a kid the drunk adults had a really big gill net, and a boat, in Marine City on the St Clair River. I went out with them and they left the net out for about three hours. There so many types of fish caught in the net I lost track of what we threw back. I remember what we kept though, walleye and big perch. there were hundreds and hundreds of each. We were cleaning fish into the next day's dinner time. I like fish, and fishing, and never used a gill net since. I get my permit yearly, and used it the most last year in Lake Huron. I cant catch chit, but it gives me a great opportunity to punish my worms!

Edited February 2, 2015 by grassmatch

[phaquetoo]

this is from the Saginaw Chippewa Tribal Law , not wherever law your friend got busted on.

http://www.sagchip.org/tribalcourt/ordinances.htm

i am just using this as an example:

 

 

see, this tribe specifically recognizes the MMMA card and says it has no effect on their land.

 

so you'd have to review whatever law covers that casino. maybe that tribe recognizes it?

mt.pleasent's casino soaring eagle is that tribe, they caught me with my mouth on the mouth peice to my vape, the caught me blowing out smoke signals lol!  I guess I got lucky!

 

Peace

[420 grower]

If this is nothing but a fine what is the problem pay the fine and be glad you didn't end up in tribal jail your card is no good on Indian land its technically not Michigan .

Because he is a cardholder I wanted some opinions and info. I thought that's why were all here. Are u always this abrasive?

Edited February 2, 2015 by 420 grower

[Restorium2]

Point of reference: Guy got caught smoking in the parking lot at Soaring Eagle. The Indians called the feds. When the feds saw the patient's card they let him go with a smile. Confirmed with video footage.

[420 grower]

You got both opinions and info from him, right?

yes

[t-pain]

interesting question , does the conviction of a crime on tribal land go into your 'permanent record' in usa background checks ?

[Highlander]

I know a carded patient who got caught smoking in the parking lot at the soaring casino. The tribal police let the patient go, and the hotel denied the patient the reserved room that night. I'm guessing that the tribal police don't really want to hassle with MMJ patients.

[Mr. Fool]

I am a legal cardholder and was arrested at the Soaring Eagle Casino for marijuana. I had 56 grams (2 oz) and was charged with a felony possession/distribution. They are a "soverign nation"...so basically they can choose what laws to enforce. They decided to disregard state law, and since that property is technically federally granted land, they chose to enforce federal law against me. So to everyone...do NOT bring bud to the soaring eagle.

 

 

I also got a lifetime ban from the casino. They are not 420 friendly.

[trichcycler]

care to share details of the proceedings, assuming they're finished with you?

 

sorry for your troubles, you'd think they would see things differently.

[+Malamute]

Mr Fool is correct. You are at their mercy.

 

 

But, I have seen every scenario from positive to negative. 

[Mr. Fool]

Well, I got the felony charged dropped to a Misdemeanor posession and High Court Misdemeanor - maintaining a drug dwelling (it was in my car). Sucks but.....better than a felony I suppose.

 

They did me real dirty though. I told them I had my card, but they would not let me go in to my car to show it to them. When they filed out the arrest report they said that I had 2.6 ounces ( because they did not want me to dispute the charge, making it irrelevant if I had a card or not) ..so I plead guilty to the lesser offenses. After I did this. ..they amended the report before my sentencing to show the true amount I had, 56grams (2 oz).

 

Very uncool (illegal?) Of them? darn tribal cops