No Marijuana Cultivation Agreement Reached for MCSO, Pinoleville Pomo Nation
The following is a press release from the Mendocino County Sheriff’s Office:
On 06-03-2015, a representative of the Pinoleville Pomo Nation met with Mendocino County Sheriff Tom Allman to discuss the Tribe’s intent of producing medical marijuana within the boundaries of the Pinoleville Rancheria.
The representative stated that any medical marijuana which would be grown would be grown for the purpose of selling it at a yet to be built marijuana dispensary on the Rancheria. The Pinoleville Pomo Nation representative stated that the marijuana was going to be cultivated on two separate parcels near US Highway 101, North of Ukiah.
Due to conflicting interpretations of state and local marijuana laws/ordinances relating to Tribal lands, no agreement was reached as to the legal operation of the marijuana cultivation.
It is the intent of the Mendocino County Sheriff’s Office to fairly and equally enforce the law throughout Mendocino County. If a violation of state or local law is observed in Mendocino County, the appropriate law enforcement action will be taken.
Public Law 83-280 defines law enforcement’s authority on Indian Lands in California. The Mendocino County Sheriff’s Office has the legal jurisdiction to enforce criminal laws on Indian land in Mendocino County.
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The feds said that it is okay for Indian tribes to grow and sell marijuana on their own lands. It is still not clear to me as to how that marijuana can leave the Indian lands and still be legal. It seems like it should be so easy to have one uniform guideline for legalization. How long can this insanity go on?
Tribal Land in California is subject to state laws, though the each Tribe is a sovern nation and all property’s owned by the tribe fall under the law of that tribe. Each state addresses this confliction differently. Kevin Washburn is the head of the Indian Bureau of Affairs and can be contacted here http://www.bia.gov
Tribal Law is complex and very interesting. One of the most disturbing laws protects all non-tribal members from prosecution and allows violent cases that affect women disproportionally on tribal land. Investigate the supreme court case of Oliphant V. Squamish in which a dissenting opion was wrote by equal rights champion Thurgood Marshall.
The WA governor has signed a retrocession with the Yakima Indian nation. ( remove pl 83-280) this removes state jurisdiction on yin lands.
The headline fooled me. Perhaps NO AGREEMENT REACHED ABOUT MARIJUANA ETC?