S moke S ignals
APRIL 1, 2015
15
'I would proceed with caution'
LEGALIZATION continued
from front page
The session came after a meeting
was held in late February at the
Tulalip Casino in Washington state
to discuss possible formation of a
Tribal Cannabis Association that
would further research, develop
and advocate for the sovereign
right of Indian nations and Tribes
to have the same choices over mar-
ijuana use as state governments.
In addition, Colorado Democratic
Rep. Jared Polis introduced a bill in
the U.S. House of Representatives
on Feb. 20 that would decriminalize
marijuana on the federal level. One
of its co-sponsors is Oregon. Rep.
Earl Blumenauer.
Martin led the briefing, titled
“Marijuana in Indian Country Up-
date,” by stressing that despite all
of the perceived pro-marijuana mo-
mentum, the growing, possessing,
manufacturing and distributing
of marijuana is still illegal under
federal law despite the fact that
Colorado, Washington, Oregon and
Alaska have legalized recreational
marijuana use.
Until Congress amends the Con-
trolled Substances Act, marijuana
will continue to be illegal federally,
she added.
However, that is where the black-
and-white of Martin’s presentation
ended and gray areas started to
appear.
Martin said that the Cole memo
and a U.S. Department of Justice
policy statement released in 2013
and 2014, respectively, established
Obama administration priorities in
exercising prosecutorial discretion
regarding marijuana cases given
the federal government’s limited
resources.
Martin said the eight national
priorities set forth in the Cole memo
involve preventing distribution to
minors, combatting gang and cartel
involvement, prohibiting diversion
of marijuana to other states that
have not legalized it, state-au-
thorized activity being used as a
pretext for other illegal activity,
violence and use of firearms in the
cultivation and distribution of mar-
ijuana, public health issues, grows
on public lands, and possession and
use on federal property.
“The Department of Justice has
not historically devoted resources
for prosecuting individuals whose
conduct is limited to possession of
small amounts of marijuana for
personal use on private property,”
the Cole memo states. “Instead, the
department has left such lower-lev-
el or localized activity to state and
local authorities and has stepped in
to enforce the Controlled Substanc-
es Act only when the use, posses-
sion, cultivation or distribution of
marijuana has threatened to cause
one of the harms identified above.”
Even in states where recreational
marijuana has been legalized, if
there is not a “robust” state regu-
latory system in place, all federal
action “is on the table and could be
enforced,” Martin said.
Retail sales of marijuana in Ore-
gon are scheduled to begin Jan. 4,
2016, and will be regulated by the
state Liquor Control Commission.
Martin said that the Cole memo
and Justice Department policy
statement are not an effort by the
Obama administration to legalize
marijuana use on the federal level,
which only Congress can do, and do
not provide a safe harbor legally
and do not create a legal defense.
The criteria, she said, also applies
to enforcement in Indian Country.
“This is the beginning of a con-
versation with Tribes on marijuana
issues,” she said. “We want to con-
tinue to support Tribes that want
to continue strict enforcement of
marijuana laws. This is not a green
light to legalize or commercialize
marijuana.”
Measure 91 was passed by Ore-
gon voters in November. However,
Martin said, the measure doesn’t
affect employment matters gov-
erned by federal law, such as Tribes
ensuring a drug-free workplace to
receive myriad grants. Nor does
it affect landlord-tenant matters,
meaning a landlord can insist a
renter not smoke or grow marijua-
na on a rental property.
Tribal Council Vice Chairman
Jack Giffen Jr. said that enforce-
ment priorities could change after
the Obama administration leaves
office in 2017.
“A different administration may
take a different view,” Martin agreed.
“I would proceed with caution.”
Giffen also asked if Tribes that
decide to grow and sell marijuana
might see alcohol and drug prevention
grants affected on the federal level.
“I have not heard any discussion
of that,” Simmons said. “There
will be lots of discussions in the
federal granting area later this
year for Tribes that decide to grow
marijuana.”
Umatilla Vice Chairman Leo
Stewart asked about Wildhorse Ca-
sino customers who drive across the
Columbia River from Washington
state to Pendleton who might have
marijuana in their cars.
“It is illegal on reservation land,”
Martin said. “There is no expecta-
tion that they can carry the state
around in their car on the reser-
vation.”
However, Simmons said, the U.S.
Attorney’s Office would not get
involved in prosecuting people for
personal use. The federal govern-
ment will get involved when there
are bigger criminal fish to fry, such
as people illegally growing and dis-
tributing marijuana on Tribal lands.
Grand Ronde Tribal Council
Secretary Toby McClary delved
into employment issues, such as
random drug testing and what
happens regarding federal grants
if Tribes begin treating marijuana
like alcohol.
“We know you can’t drink at
work, but you can drink outside of
work,” McClary said. “Would it be
OK for employees to smoke outside
of work?”
“Measure 91 doesn’t change em-
ployment rules,” Simmons said,
adding that he remembered reading
a legal decision where an employer
who required a drug-free workplace
won a wrongful termination lawsuit
filed by an employee who tested
positive for marijuana. “We’d have
to bring in other federal entities
to talk about grants, but now is
the time to start addressing these
issues.”
The Oregon Tribes Meeting at-
tracted representatives from Grand
Ronde, Umatilla, Siletz, Coquille
and the Coos, Lower Umpqua and
Siuslaw.
The meeting opened with a drum
song performed by Tribal Council
member Jon A. George and Land
and Culture employees Brian Kreh-
biel, Kathy Cole, Jan Looking Wolf
Reibach and Travis Stewart.
Other Tribal Council members
who attended were Chris Mercier,
Denise Harvey, Ed Pearsall and
Tonya Gleason-Shepek.
Tribal employees who attended
included Interim General Manager
Rick George, Economic Develop-
ment Director Titu Asghar, Tribal
Attorney Rob Greene, Assistant
General Manager Bryan Langley,
Gaming Commission Executive
Director Michael Boyce, Tribal
Council Chief of Staff Stacia Mar-
tin, Tribal Council Administrative
Assistant Shannon Simi and Assis-
tant Tribal Attorney Kim D’Aquila.
The remainder of the meeting fea-
tured Spirit Mountain Community
Fund Program Coordinator Louis
King discussing the Tribe’s Hatfield
Fellowship and Veterans’ Special
Event Board Chairman Steve Bobb
Sr. briefing attendees on the July
Veterans Summit to be held at
Uyxat Powwow Grounds.
In the afternoon, Stewart dis-
cussed the issues of climate change
and hazardous materials, such as
increased oil shipments from North
Dakota, being transported through
Oregon by rail.
“These are all important topics af-
fecting all nine of Oregon’s federally
recognized Tribes,” Giffen said. n
GRAND RONDE GAMING
COMMISSION POSITIONS
The Grand Ronde Gaming Commission is seeking applications to
fill one commission position starting June 2015 and expiring June
2018. The Tribal Gaming Ordinance requires this position to be
filled by a Tribal member.
The Grand Ronde Gaming Commission regulates all gaming-re-
lated activities associated with Spirit Mountain Casino.
Applicants must be at least 21 years of age. Commissioners may
not hold elective or managerial Tribal positions, and may not be
employed in or own any interest in or gamble in a gaming operation
authorized by the Tribal Gaming Ordinance.
Commissioners are independent contractors and expend approx-
imately 30-40 hours per month to fulfill their responsibilities.
The commission generally meets on the second and third Fridays
of each month. Appointment is contingent upon successful comple-
tion of a background investigation.
Applications may be obtained by calling Kathy Doane at 503-879-
2393 or by e-mail at Kathy.doane@grandronde.org.
Closing date is April 30, 2015, at 5 p.m. For more information
about the Gaming Commission, please visit our webpage at www.
grandrondegaming.org. n
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