T
The420Guy
Guest
Pine Ridge, SD -- A July 18, 2001 letter (below) from John Yellow Bird
Steele, President of the Oglala Lakota Nation (Pine Ridge), to Michelle
Tapken, US Attorney for South Dakota, asserts the Indian nation's right to
grow industrial hemp under provisions of the Fort Laramie Treaty of 1868.
This assertion is a direct challenge to the US government's implication
that the Controlled Substances Act (CSA) of 1970 abrogates provisions of
the 1868 treaty.
The DEA cut down the first industrial hemp crop at Pine Ridge in a widely
publicized raid on August 24th, 2000, conducted under the auspices of the
CSA. The treaty of 1868 gave the Lakota Indian nations the mandate to grow
food and fiber crops, effectively switching their livelihood to an
agricultural base, which is generally recognized as part of the treaty's
original intent. Hemp was commonly grown in the United States at the time
of the Fort Laramie Treaty.
The Controlled Substances Act of 1970 is a federal statute that
criminalized the production, manufacture, and distribution of controlled
substances, including marijuana. The CSA defined marijuana without
distinction from industrial hemp. Legislation in various states in recent
years (including Nebraska, Kentucky, Dakotas', and Hawaii among others has
sought to distinguish between industrial hemp and marijuana by defining
hemp in terms of its low tetrahydrocannabinol (THC) content. THC is the
psychoactive chemical in marijuana.
On July 28th, 1998, the Lakota Nation passed an ordinance that defined
industrial hemp as Cannabis sativa plants containing less than 1 percent
THC by weight, the same definition used in legislation seeking to legalize
industrial hemp in various states. The ordinance did not affect the
existing illegal status of marijuana in the Oglala Lakota Nation.
Laws like the CSA are not applicable to Indians unless the act expressly
states that it applies to Indians and that it is abrogating any treaty
right the Indians may have. However, before ever getting to the treaty,
the Lakota have a reserved right to grow industrial hemp by virtue of their
sovereignty preexisting that of the U. S. Government. Therefore, the
Lakota argue that the CSA is inapplicable to its citizens and does not
preempt an Indian's right to engage in agriculture, including the growing
of industrial hemp, under the Fort Laramie Treaty.
The Oglala Lakota Nation, in the July 18th letter to the US Attorney's
office, argue that the "Controlled Substances Act of 1970 did not divest
the Lakota People of our reserved right to plant and harvest whatever crop
we deem beneficial to our reservation. Therefore, we regard the enforcement
of our hemp ordinance and prosecution of our marijuana laws as tribal
matters to be handled by our Oglala Sioux Tribal Public Safety Law
Enforcement Services."
The harvest season for industrial hemp takes place during August. The US
Attorney for South Dakota has recently asserted that any individual
continuing to grow hemp on the Pine Ridge Reservation will be prosecuted
with penalties of minimum ten years to life in prison. The hemp is used to
build houses, which would replace current substandard housing on the
reservation. The situation is causing great concern among the Native
Americans.
For more information see Hemp at Pine Ridge (END)
Oglala Sioux Tribe Box H Pine Ridge, S.D. 57770
July 18th, 2001
Dear Ms. Tapken, U.S. Attorney for South Dakota:
I respectfully request that you direct the law enforcement agencies under
your authority to refrain from further contact with our tribal members
regarding the cultivation of industrial hemp, or encroachment upon our
reservation for the purpose of enforcing your Controlled Substances Act.
That Act does not apply to our reservation or our People.
The powers of local self-government enjoyed by the Lakota people existed
prior to the United States Constitution. Our local governmental powers were
not created by the Constitution. Our nation, our culture and laws, precedes
your nation, your "culture," and your laws. Before non-Indians came to our
country, the Lakota had a rich history, language, religion, culture, and
civilization; we had our own customs and laws by which we lived. We were,
and continue to be, a sovereign nation.
The Controlled Substances Act of 1970 did not divest the Lakota People of
our reserved right to plant and harvest whatever crops we deem beneficial
to our reservation; nor did the Act abrogate Congress's ratification of the
reserved to write in the 1868 treaty. Therefore we regard the enforcement
of our hemp ordinance and prosecution of our marijuana laws as tribal
matters to be handled by our Oglala Sioux Tribal Public Safety Law
Enforcement Services. As such, I respectfully request that you direct the
law enforcement agencies under your authority to refrain from further
contact with our tribal members regarding the cultivation of industrial
hemp, or encroachment upon our reservation for the purpose of enforcing
your controlled substances act. That act does not apply to our reservation
or our people.
We ask for your government's compassion as we try to ease the pain of our
poverty through hemp manufacture. We asked that you take a look at all of
the hemp legislation being introduced around your country and realize the
growing support for hemp by your nation's people as well. I would add that
during World War II your government signed contracts with members of the
Pine Ridge Reservation to grow industrial hemp for your war effort. In
other words, when your government needed the benefits of growing hemp to
aid your war effort, and encouraged its growth on the reservation, we
supported your government by doing so. Now my nation needs to grow
industrial hemp to aid our efforts at becoming more self-sufficient. We
would appreciate your support in our endeavors.
I must reiterate that hemp agriculture on reservation land is a tribal
matter to be handled exclusively by tribal law. If you or your law
enforcement agencies have questions or concerns relating to enforcement of
our laws, I must insist that you direct them to the Oglala Sioux Tribal
offices and not our individual tribal members. Again, the proper procedure
is to contact the tribal offices with your questions and concerns, not our
individual members.
Thank you in advance for what I anticipate will be your respectful
consideration in this delicate matter. In addition, thank you for directing
any further hemp related questions to my office. I remain,
Sincerely yours,
Oglala Sioux Tribe
John Yellow Bird Steele President
Steele, President of the Oglala Lakota Nation (Pine Ridge), to Michelle
Tapken, US Attorney for South Dakota, asserts the Indian nation's right to
grow industrial hemp under provisions of the Fort Laramie Treaty of 1868.
This assertion is a direct challenge to the US government's implication
that the Controlled Substances Act (CSA) of 1970 abrogates provisions of
the 1868 treaty.
The DEA cut down the first industrial hemp crop at Pine Ridge in a widely
publicized raid on August 24th, 2000, conducted under the auspices of the
CSA. The treaty of 1868 gave the Lakota Indian nations the mandate to grow
food and fiber crops, effectively switching their livelihood to an
agricultural base, which is generally recognized as part of the treaty's
original intent. Hemp was commonly grown in the United States at the time
of the Fort Laramie Treaty.
The Controlled Substances Act of 1970 is a federal statute that
criminalized the production, manufacture, and distribution of controlled
substances, including marijuana. The CSA defined marijuana without
distinction from industrial hemp. Legislation in various states in recent
years (including Nebraska, Kentucky, Dakotas', and Hawaii among others has
sought to distinguish between industrial hemp and marijuana by defining
hemp in terms of its low tetrahydrocannabinol (THC) content. THC is the
psychoactive chemical in marijuana.
On July 28th, 1998, the Lakota Nation passed an ordinance that defined
industrial hemp as Cannabis sativa plants containing less than 1 percent
THC by weight, the same definition used in legislation seeking to legalize
industrial hemp in various states. The ordinance did not affect the
existing illegal status of marijuana in the Oglala Lakota Nation.
Laws like the CSA are not applicable to Indians unless the act expressly
states that it applies to Indians and that it is abrogating any treaty
right the Indians may have. However, before ever getting to the treaty,
the Lakota have a reserved right to grow industrial hemp by virtue of their
sovereignty preexisting that of the U. S. Government. Therefore, the
Lakota argue that the CSA is inapplicable to its citizens and does not
preempt an Indian's right to engage in agriculture, including the growing
of industrial hemp, under the Fort Laramie Treaty.
The Oglala Lakota Nation, in the July 18th letter to the US Attorney's
office, argue that the "Controlled Substances Act of 1970 did not divest
the Lakota People of our reserved right to plant and harvest whatever crop
we deem beneficial to our reservation. Therefore, we regard the enforcement
of our hemp ordinance and prosecution of our marijuana laws as tribal
matters to be handled by our Oglala Sioux Tribal Public Safety Law
Enforcement Services."
The harvest season for industrial hemp takes place during August. The US
Attorney for South Dakota has recently asserted that any individual
continuing to grow hemp on the Pine Ridge Reservation will be prosecuted
with penalties of minimum ten years to life in prison. The hemp is used to
build houses, which would replace current substandard housing on the
reservation. The situation is causing great concern among the Native
Americans.
For more information see Hemp at Pine Ridge (END)
Oglala Sioux Tribe Box H Pine Ridge, S.D. 57770
July 18th, 2001
Dear Ms. Tapken, U.S. Attorney for South Dakota:
I respectfully request that you direct the law enforcement agencies under
your authority to refrain from further contact with our tribal members
regarding the cultivation of industrial hemp, or encroachment upon our
reservation for the purpose of enforcing your Controlled Substances Act.
That Act does not apply to our reservation or our People.
The powers of local self-government enjoyed by the Lakota people existed
prior to the United States Constitution. Our local governmental powers were
not created by the Constitution. Our nation, our culture and laws, precedes
your nation, your "culture," and your laws. Before non-Indians came to our
country, the Lakota had a rich history, language, religion, culture, and
civilization; we had our own customs and laws by which we lived. We were,
and continue to be, a sovereign nation.
The Controlled Substances Act of 1970 did not divest the Lakota People of
our reserved right to plant and harvest whatever crops we deem beneficial
to our reservation; nor did the Act abrogate Congress's ratification of the
reserved to write in the 1868 treaty. Therefore we regard the enforcement
of our hemp ordinance and prosecution of our marijuana laws as tribal
matters to be handled by our Oglala Sioux Tribal Public Safety Law
Enforcement Services. As such, I respectfully request that you direct the
law enforcement agencies under your authority to refrain from further
contact with our tribal members regarding the cultivation of industrial
hemp, or encroachment upon our reservation for the purpose of enforcing
your controlled substances act. That act does not apply to our reservation
or our people.
We ask for your government's compassion as we try to ease the pain of our
poverty through hemp manufacture. We asked that you take a look at all of
the hemp legislation being introduced around your country and realize the
growing support for hemp by your nation's people as well. I would add that
during World War II your government signed contracts with members of the
Pine Ridge Reservation to grow industrial hemp for your war effort. In
other words, when your government needed the benefits of growing hemp to
aid your war effort, and encouraged its growth on the reservation, we
supported your government by doing so. Now my nation needs to grow
industrial hemp to aid our efforts at becoming more self-sufficient. We
would appreciate your support in our endeavors.
I must reiterate that hemp agriculture on reservation land is a tribal
matter to be handled exclusively by tribal law. If you or your law
enforcement agencies have questions or concerns relating to enforcement of
our laws, I must insist that you direct them to the Oglala Sioux Tribal
offices and not our individual tribal members. Again, the proper procedure
is to contact the tribal offices with your questions and concerns, not our
individual members.
Thank you in advance for what I anticipate will be your respectful
consideration in this delicate matter. In addition, thank you for directing
any further hemp related questions to my office. I remain,
Sincerely yours,
Oglala Sioux Tribe
John Yellow Bird Steele President
