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Last December the Justice Department gave a to marijuana legalization on tribal land, saying it would treat reservations like states in deciding how to enforce the Controlled Substances Act.
Two months later, the very first Tribal Marijuana Conference, held at the Tulalip Resort Casino in Washington, about 400 people, including representatives from 75 or so Indian tribes.
They listened intently as speakers including me discussed the pros and cons of legalization.
Start with the federal ban on marijuana, which makes anyone involved in growing or selling cannabis a felon, regardless of his status under state or tribal law.
So far the Justice Department has allowed licensed marijuana businesses to operate in states that have legalized the drug for medical or recreational use.
But the feds have not made any promises, and that policy is completely discretionary.
It can be changed at any time, by this administration or the next.
In an August 2013Deputy Attorney General James Cole told U.
But even if the feds continue to hold back, tribes may need to worry about state marijuana laws.
Underenacted by Congress in 1953, 15 states have jurisdiction over crimes committed on tribal lands within their borders: Alaska, Arizona, California, Florida, Idaho, Minnesota, Montana, Nebraska, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wisconsin.
So if a tribe started growing and selling marijuana in Florida, where the plant is banned for all purposes, anyone involved in that business would indian casinos utah state capitol subject to https://pink-stuf.com/casino/unlimited-chips-double-down-casino.html under state law.
The federal courts have held that once a state decriminalizes a particular business—gambling, for example—tribes within that state can decide for themselves how to regulate it.
The implication, Porter says, is that tribes located in Public Law 280 states that allow the sale of marijuana for medical use could assert their sovereign authority to license or run their own dispensaries.
He says they arguably could license or run recreational outlets as well, even in Public Law 280 states, such as Arizona and Nevada, that allow sales only for medical use.
Reservations in Washington, for example, could open marijuana stores in parts of the state where they are scarce because of local bans.
Recreational sales currently are by 99 cities and 11 counties in Washington.
Those jurisdictions include Yakima and Klickitat counties, where the Yakama Indian Reservation is located.
In addition to convenience, here marijuana outlets could offer lower prices, since their sales would be exempt from state taxes.
In Washington, taxes represent nearly two-fifths of the retail price, so the savings could be substantial.
As the industry indian casinos utah state capitol, prices can be expected to fall sharply, so the amount of money consumers can save by avoiding the tax on a given amount will fall as well.
Then again, revenue-hungry legislators may decide to tax marijuana by weight or THC content rather than price, in which case tax-free Indian pot stores could retain their appeal.
State restrictions on cannabis consumption present another opportunity.
In Washington, Colorado, Oregon, and Alaska, consumption is banned inside marijuana outlets indian casinos utah state capitol in most other locations outside of private residences.
Indian reservations could be the first jurisdictions in the U.
Even if they are not prepared to article source that far, tribes could make indian casinos utah state capitol casinos, hotels, and restaurants more attractive to cannabis consumers by letting customers use their own legally purchased marijuana there.
While the tribes themselves are exempt from federal income tax, the IRS still takes a cut of money earned by tribe members.
But there is an exception for farming, which means that Indians who grow marijuana or hemp on reservations where tribal law allows it would not have to pay tax on the money it generates.
They also would risk prosecution under state law.
Given all the legal risks, tribes may be inclined to move slowly, if at all, into the marijuana business.
Continued prohibition in most of the country is what makes the business especially lucrative.
As with legal gambling, what is now unusual will eventually be familiar.
I am a senior editor at Reason magazine and a nationally syndicated columnist.
My work on drug policy and civil liberties has appeared in Cigar Aficionado, Seed, National Review, The Wall Street Journal, The New York Times, the Los Angeles Times, the San Francisco Chronicle, and many other publications.

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