Jacob Redmond
Well-Known Member
An attorney on the Standing Rock Indian Reservation wants residents to vote on whether the tribe should legalize industrial hemp, but the tribal chairman says he's concerned taking action without the federal government's blessing could jeopardize the tribe's sovereignty.
Hemp advocates say they believe a U.S. Department of Justice memo to U.S. attorneys on handling states that have legalized marijuana opens the door for industrial hemp on tribal lands. Attorney Chase Iron Eyes has been collecting signatures to put a question on the Sept. 30 ballot asking tribal members whether hemp-legalization language should be added to the tribe's constitution.
Tribal Chairman Dave Archambault said he agrees that industrial hemp could be beneficial to the reservation that straddles North Dakota and South Dakota, but wants to first get a permit from the U.S. Department of Agriculture to grow the type of cannabis that doesn't produce a high and is used for things like textiles and lotion. Many states, including North Dakota, recently defined industrial hemp as distinct from marijuana in order to allow its production.
Iron Eyes said now is the time for impoverished tribes like Standing Rock – where federal labor statistics show that more than half of able-bodied workers were unemployed last year – to create an industry that doesn't rely on outside help.
"There's things that need to be done so that we can learn to provide for ourselves," he said.
Archambault said it's "in our best interest to pursue industrial hemp," but that such specific language might not be. He also noted tribal officials are already working with Sitting Bull College, which is on the reservation, to get a permit from the USDA to study and grow hemp, something the 2014 farm bill allows state agriculture departments and colleges and universities to do. Without such a permit, he fears putting the tribe's sovereignty in jeopardy.
Calls to U.S. Attorney offices in South Dakota and North Dakota were not returned Wednesday.
The National Hemp Association believes the so-called "Cole memo" released by the Department of Justice in 2013 paves the way for tribes to grow hemp, according to group spokeswoman Neshama Abraham.
In it, the department lays out eight areas the federal government will prioritize when it comes to marijuana in states where the drug is legal, including drug cartels, sales to minors and areas where it is being sent from states that have legalized it to states that haven't. Subsequent DOJ guidance in October 2014 expressly made those priorities applicable on Indian reservations, too.
Tim Purdon, the former U.S. attorney for North Dakota, said tribes that want to grow hemp could run into fewer issues with the federal government in light of the Cole memo.
"I have to believe that there is a huge difference in the way the (Department of Justice) would look at a legalization of recreational marijuana effort versus how they would look at a legalization of industrial hemp process," said Purdon, who recently filed a motion to lift an injunction against Alex White Plume, an Oglala Sioux tribal member who has sought for years to grow hemp in South Dakota.
But, Purdon added, the "safest way" for tribes wanting to cultivate hemp would be to comply with the farm bill.
Iron Eyes acknowledged that legalizing hemp could start a fight with the federal government, but said tribes need to assert their rights as sovereign nations.
"It's not clear what will happen, but what I'm trying to push is that tribes should be willing to stand up to fight to do this, not just one person," he said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Standing Rock attorney wants to legalize hemp on reservation - - Capital Press
Author: Kevin Burbach
Contact: About Capital Press - - Capital Press
Photo Credit: Flickr via Martius
Website: Capital Press
Hemp advocates say they believe a U.S. Department of Justice memo to U.S. attorneys on handling states that have legalized marijuana opens the door for industrial hemp on tribal lands. Attorney Chase Iron Eyes has been collecting signatures to put a question on the Sept. 30 ballot asking tribal members whether hemp-legalization language should be added to the tribe's constitution.
Tribal Chairman Dave Archambault said he agrees that industrial hemp could be beneficial to the reservation that straddles North Dakota and South Dakota, but wants to first get a permit from the U.S. Department of Agriculture to grow the type of cannabis that doesn't produce a high and is used for things like textiles and lotion. Many states, including North Dakota, recently defined industrial hemp as distinct from marijuana in order to allow its production.
Iron Eyes said now is the time for impoverished tribes like Standing Rock – where federal labor statistics show that more than half of able-bodied workers were unemployed last year – to create an industry that doesn't rely on outside help.
"There's things that need to be done so that we can learn to provide for ourselves," he said.
Archambault said it's "in our best interest to pursue industrial hemp," but that such specific language might not be. He also noted tribal officials are already working with Sitting Bull College, which is on the reservation, to get a permit from the USDA to study and grow hemp, something the 2014 farm bill allows state agriculture departments and colleges and universities to do. Without such a permit, he fears putting the tribe's sovereignty in jeopardy.
Calls to U.S. Attorney offices in South Dakota and North Dakota were not returned Wednesday.
The National Hemp Association believes the so-called "Cole memo" released by the Department of Justice in 2013 paves the way for tribes to grow hemp, according to group spokeswoman Neshama Abraham.
In it, the department lays out eight areas the federal government will prioritize when it comes to marijuana in states where the drug is legal, including drug cartels, sales to minors and areas where it is being sent from states that have legalized it to states that haven't. Subsequent DOJ guidance in October 2014 expressly made those priorities applicable on Indian reservations, too.
Tim Purdon, the former U.S. attorney for North Dakota, said tribes that want to grow hemp could run into fewer issues with the federal government in light of the Cole memo.
"I have to believe that there is a huge difference in the way the (Department of Justice) would look at a legalization of recreational marijuana effort versus how they would look at a legalization of industrial hemp process," said Purdon, who recently filed a motion to lift an injunction against Alex White Plume, an Oglala Sioux tribal member who has sought for years to grow hemp in South Dakota.
But, Purdon added, the "safest way" for tribes wanting to cultivate hemp would be to comply with the farm bill.
Iron Eyes acknowledged that legalizing hemp could start a fight with the federal government, but said tribes need to assert their rights as sovereign nations.
"It's not clear what will happen, but what I'm trying to push is that tribes should be willing to stand up to fight to do this, not just one person," he said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Standing Rock attorney wants to legalize hemp on reservation - - Capital Press
Author: Kevin Burbach
Contact: About Capital Press - - Capital Press
Photo Credit: Flickr via Martius
Website: Capital Press
