Tuesday, May 26, 2015 1:14:50 AM
Could legal pot sales be coming to Seneca’s reservations?
U.S. policy change raises possibility of legalization
BY: Dan Herbeck
Published: December 13, 2014, 06:02 PM
Updated: December 13, 2014, 07:12 PM
The U.S. Justice Department last week said it no longer intends to prosecute federal laws regulating the growing or selling of marijuana on Indian reservations, as long as tribes take steps to control marijuana sales.
That memo has left many Indian tribes – the Seneca Nation among them – wondering if they will be allowed someday to legally grow and sell marijuana on their reservations .
It is too early to tell whether the Senecas or any other tribe in New York State will be allowed to start legal marijuana businesses, said Martin E. Seneca Jr., chief counsel for the Seneca Nation.
“But we’re certainly going to watch this closely, and if it becomes a viable opportunity for economic growth for our people, we might get excited about it,” Seneca added.
A close aide and adviser to Seneca Nation President Maurice “Mo” John, Seneca spoke to The Buffalo News after the Justice Department released a policy memo last week regarding the prosecution of marijuana crimes on Indian reservations.
The government memo said federal prosecutors will no longer prosecute marijuana crimes on Indian reservations, as long as tribes take certain steps to control marijuana sales – such as preventing sales to minors, preventing profits from going to drug gangs or cartels, and preventing “violence and the use of firearms” linked to marijuana sales.
Some legal experts believe the Justice Department’s action may be the first step toward legalized marijuana businesses on Indian lands, even in states such as New York where it is illegal to sell marijuana for recreational use. Experts say such businesses could make billions of dollars annually throughout the nation, experts say.
While the Seneca Nation is interested in how the issue develops, Martin Seneca said the tribal government is taking a cautious approach.
“We’re just learning about the action taken by the federal government. It appears that the government is basically telling us that we can grow marijuana, but only for consumption on our own territories, with no prosecution from the federal government,” Seneca said.
“At this point, we can’t see ourselves as a haven for people to come to our territories to smoke up ... We’re not going to just create smokehouses where potheads can come onto our land to smoke up.”
If Indian tribes were allowed to legally grow and sell marijuana to customers off the reservations, Seneca said, “we’ve got a very independent, entrepreneurial group” of business people who might be interested.
Three other lawyers – Onondaga tribe general counsel Joseph J. Heath, Erie County District Attorney Frank A. Sedita III and Margaret A. Murphy, who has represented many Seneca business people – said several obstacles exist that would have to be dealt with before tribal marijuana sales could become legal.
Regardless of any policy shift by federal prosecutors, it remains illegal under state law to sell marijuana in New York State, Sedita said.
“The federal people prosecute laws under federal law, and we prosecute cases under state law,” Sedita said. “So what happens on the federal side really doesn’t affect us.”
While most major drug prosecutions in Western New York usually involve harder drugs such as heroin, cocaine, methamphetamine or illegally sold prescription drugs, some people are still prosecuted for illegally selling pot, usually in larger amounts, Sedita said.
In Heath’s view, some Indian tribe leaders would be strongly opposed to selling marijuana – even if it became legal – because of the heartache that drug abuse has caused for their people.
Based south of Syracuse in Onondaga County, the Onondaga tribe has traditionalist leaders who are strongly opposed to the use of marijuana and other drugs, Heath said.
Many national studies by the U.S. Substance Abuse and Mental Health Services Administration have shown that drug use is a bigger problem for Indians than for other ethnic groups. A study conducted by the agency in 2012 reported American Indians and Alaskan natives have by far the highest percentage of illegal drug use and the highest rate of drug-induced deaths of any ethnic group in the nation.
“In Onondaga, they’re absolutely opposed to it,” Heath said of marijuana sales. “Drugs are a serious problem for them, and they already spend a lot of time trying to keep this stuff out of their community.”
But Heath added that the leaders of other tribes in New York State may look at the issue differently. He said he has spoken to some Indian leaders who feel the cultivation and use of marijuana is “part of their heritage.”
Murphy, a former judge who represents many Seneca businesses, said she has already taken a call from one businessman who asked her about the possibility of legalized pot sales on reservation lands. But she said she cannot imagine that being allowed – at least in this state – in the foreseeable future.
“Right now, it’s just a policy change by the U.S. Justice Department. It’s not an act of Congress, or a change in the laws,” Murphy said. “The next U.S. attorney general or the next president could change the policy. At this point, I don’t see this change causing much of anything to happen, especially in New York State.”
The Washington Post contributed to this story email: dherbeck@buffnews.com
U.S. policy change raises possibility of legalization
BY: Dan Herbeck
Published: December 13, 2014, 06:02 PM
Updated: December 13, 2014, 07:12 PM
The U.S. Justice Department last week said it no longer intends to prosecute federal laws regulating the growing or selling of marijuana on Indian reservations, as long as tribes take steps to control marijuana sales.
That memo has left many Indian tribes – the Seneca Nation among them – wondering if they will be allowed someday to legally grow and sell marijuana on their reservations .
It is too early to tell whether the Senecas or any other tribe in New York State will be allowed to start legal marijuana businesses, said Martin E. Seneca Jr., chief counsel for the Seneca Nation.
“But we’re certainly going to watch this closely, and if it becomes a viable opportunity for economic growth for our people, we might get excited about it,” Seneca added.
A close aide and adviser to Seneca Nation President Maurice “Mo” John, Seneca spoke to The Buffalo News after the Justice Department released a policy memo last week regarding the prosecution of marijuana crimes on Indian reservations.
The government memo said federal prosecutors will no longer prosecute marijuana crimes on Indian reservations, as long as tribes take certain steps to control marijuana sales – such as preventing sales to minors, preventing profits from going to drug gangs or cartels, and preventing “violence and the use of firearms” linked to marijuana sales.
Some legal experts believe the Justice Department’s action may be the first step toward legalized marijuana businesses on Indian lands, even in states such as New York where it is illegal to sell marijuana for recreational use. Experts say such businesses could make billions of dollars annually throughout the nation, experts say.
While the Seneca Nation is interested in how the issue develops, Martin Seneca said the tribal government is taking a cautious approach.
“We’re just learning about the action taken by the federal government. It appears that the government is basically telling us that we can grow marijuana, but only for consumption on our own territories, with no prosecution from the federal government,” Seneca said.
“At this point, we can’t see ourselves as a haven for people to come to our territories to smoke up ... We’re not going to just create smokehouses where potheads can come onto our land to smoke up.”
If Indian tribes were allowed to legally grow and sell marijuana to customers off the reservations, Seneca said, “we’ve got a very independent, entrepreneurial group” of business people who might be interested.
Three other lawyers – Onondaga tribe general counsel Joseph J. Heath, Erie County District Attorney Frank A. Sedita III and Margaret A. Murphy, who has represented many Seneca business people – said several obstacles exist that would have to be dealt with before tribal marijuana sales could become legal.
Regardless of any policy shift by federal prosecutors, it remains illegal under state law to sell marijuana in New York State, Sedita said.
“The federal people prosecute laws under federal law, and we prosecute cases under state law,” Sedita said. “So what happens on the federal side really doesn’t affect us.”
While most major drug prosecutions in Western New York usually involve harder drugs such as heroin, cocaine, methamphetamine or illegally sold prescription drugs, some people are still prosecuted for illegally selling pot, usually in larger amounts, Sedita said.
In Heath’s view, some Indian tribe leaders would be strongly opposed to selling marijuana – even if it became legal – because of the heartache that drug abuse has caused for their people.
Based south of Syracuse in Onondaga County, the Onondaga tribe has traditionalist leaders who are strongly opposed to the use of marijuana and other drugs, Heath said.
Many national studies by the U.S. Substance Abuse and Mental Health Services Administration have shown that drug use is a bigger problem for Indians than for other ethnic groups. A study conducted by the agency in 2012 reported American Indians and Alaskan natives have by far the highest percentage of illegal drug use and the highest rate of drug-induced deaths of any ethnic group in the nation.
“In Onondaga, they’re absolutely opposed to it,” Heath said of marijuana sales. “Drugs are a serious problem for them, and they already spend a lot of time trying to keep this stuff out of their community.”
But Heath added that the leaders of other tribes in New York State may look at the issue differently. He said he has spoken to some Indian leaders who feel the cultivation and use of marijuana is “part of their heritage.”
Murphy, a former judge who represents many Seneca businesses, said she has already taken a call from one businessman who asked her about the possibility of legalized pot sales on reservation lands. But she said she cannot imagine that being allowed – at least in this state – in the foreseeable future.
“Right now, it’s just a policy change by the U.S. Justice Department. It’s not an act of Congress, or a change in the laws,” Murphy said. “The next U.S. attorney general or the next president could change the policy. At this point, I don’t see this change causing much of anything to happen, especially in New York State.”
The Washington Post contributed to this story email: dherbeck@buffnews.com
Join the InvestorsHub Community
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.