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Cannabis bust on Indigenous land highlights legal divide
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AP

Cannabis bust on Indigenous land highlights legal divide

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SANTA FE, N.M. — A federal raid on a household marijuana garden on tribal land in northern New Mexico is sowing uncertainty and resentment about U.S. drug enforcement priorities on Native American reservations, as more states roll out legal marketplaces for recreational pot sales.

In late September, Bureau of Indian Affairs officers confiscated nine cannabis plants from a home garden at Picuris Pueblo that was tended by Charles Farden, a local resident since childhood who is not Native American. The 54-year-old is enrolled in the state’s medical marijuana program to ease post-traumatic stress and anxiety.

Farden said he was startled to be placed in handcuffs as federal officers seized mature plants laden with buds.

New Mexico first approved the drug’s medical use in 2007, while Picuris Pueblo decriminalized medical pot for members in 2015. A new state law in June broadly legalized marijuana for adults and authorized up to a dozen home-grown plants per household for personal use — with no weight limit.

“I was just open with the officer, straightforward. When he asked what I was growing, I said, ‘My vegetables, my medical cannabis,’ ” Farden said of the Sept. 29 encounter. “And he was like, ‘That can be a problem.’ ”

The raid has cast a shadow over cannabis as an economic development opportunity for Indigenous communities, as tribal governments at Picuris Pueblo and at least one other reservation pursue agreements with New Mexico that would allow them to open marijuana businesses. The state is home to 23 federally recognized Native American communities. It’s aiming to launch retail pot sales by April.

More than two-thirds of states have legalized marijuana in some form. The U.S. government has avoided cracking down on them, even though the drug remains illegal under federal law to possess, use or sell.

The September raid has some scrutinizing its approach on tribal lands like Picuris Pueblo, where the Bureau of Indian Affairs provides policing to enforce federal and tribal laws in an arrangement common in Indian Country. Other tribes operate their own police forces under contract with the BIA.

In a recent letter to Picuris Pueblo tribal Gov. Craig Quanchello obtained by The Associated Press, a BIA special agent in charge said the agency won’t tell its officers to stand down in Indian Country — and that marijuana possession and growing remains a federal crime, despite changes in state and tribal law.

“Prior notification of law enforcement operations is generally not appropriate,” the letter states. “The BIA Office of Justice Services is obligated to enforce federal law and does not instruct its officers to disregard violations of federal law in Indian Country.”

Officials with the BIA and the Interior Department, declined to comment and did not respond to the AP’s requests for details of the raid. Farden has not been charged.

Portland-based criminal defense attorney Leland Berger, who last year advised the Oglala Sioux Tribe after it passed a cannabis ordinance, notes that Justice Department priorities for marijuana in Indian Country were outlined in writing under President Barack Obama then overturned under President Donald Trump, with little written public guidance since.

“It’s remarkable for me to hear that the BIA is enforcing the federal Controlled Substances Act on tribal land where the tribe has enacted an ordinance that protects the activity,” he said.

The U.S. government recognizes an “inherent and inalienable” right to self-governance by Native American tribes. But federal law enforcement agencies still selectively intervene to enforce cannabis prohibition, Berger said.

“The tribes are sovereign nations, and they have treaties with the United States, and in some cases there is concurrent jurisdiction. ... It’s sort of this hybrid,” he said.

At Picuris Pueblo, Quanchello said the cannabis industry holds economic promise for tribal lands that are too remote to support a full-blown casino. Picuris operates a smoke shop out of a roadside trailer and is close to opening a gas station with a sandwich shop and mini-grocery.

“We’re farmers by nature. It’s something we can do here and be good at it,” Quanchello said. “We don’t want to miss it.”

Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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