Marijuana Colorado Washington American Indian Tribes

Washington’s Yakama tribe lives on a one million-acre reservation in the southern part of the state, a relatively small patch left after nearly 12 million acres was ceded to the U.S. government by the nation in 1855. As state officials are racing to build one of the world’s first legal marijuana markets, tribe officials are making it clear that their reservation wants no part of it—and they don’t want anyone else growing or selling cannabis on their ceded land either, to which they maintain certain rights. But it remains unclear whether they have the legal authority to make a demand that affects nearly a third of the land area in the state.

The laws that govern American Indian reservations have long been confusing. Many tribes are subject to only their own laws and federal law, while certain reservations are under state jurisdiction. Now adding to the confusion in Colorado and Washington is the uncertainty about how those states can legally regulate a substance still considered illegal by the federal government. And while many Yakama are anxious to keep the marijuana market far away—fueled by concern about substance abuse—other advocates for American Indians are mad that tribes can’t enjoy the new freedoms that other state residents have.

People in Colorado and Washington who don’t live on reservations “are moving forward with this massive experiment,” says Troy Eid, chairman of the Indian Law and Order Commission, a national advisory body focused on criminal justice in Indian territory. “And, once again, these tribes are getting screwed.”

The Washington State Liquor Control Board is tasked with shaping the new market in that state. Right now, they’re sifting through more than 7,000 business license applications from residents who want to farm marijuana or run pot shops, and they plan to start issuing those licenses in March. This is where leaders from the Yakama tribe have addressed “several hundreds” of letters, each “pro-objecting,” as their attorney George Colby puts it, to individual applications made from areas the tribe occupies or once did. “Citizens of the state of Washington don’t get to vote on what happens” in those areas, he says. “The federal government wasn’t supposed to let alcohol come on the Yakama reservation, and thousands of people have died. We’re not going to let that happen again.”

http://nation.time.com/2014/02/06/legal-marijuana-indian-tribes-colorado-washington/