New Justice Department Guidance on Marijuana Sales and Use on Native American Reservations

Last week, the U.S. Department of Justice (DOJ) released an October guidance memorandum regarding enforcement of federal marijuana laws on Native American reservations.  The memorandum, available here, indicates that with regard to enforcement, "each United States Attorney should consult with the affected tribes on a government-to-government basis."

There has been fairly extensive coverage of the memorandum in the press, with a recent article appearing in the Los Angeles Times, which quotes U.S. Attorney Timothy Purdon of North Dakota, who chairs the Attorney General’s Subcommittee on Native American Issues, and U.S. Attorney John Walsh of Colorado.

According to the Los Angeles Times article, "the Justice Department will generally not attempt to enforce federal marijuana laws on federally recognized tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it."  Purdon is quoted for the proposition that "the federal government will continue to legally support those tribes that wish to ban marijuana, even in states that now permit its sale."  In fact, the memorandum was issued in response to tribal governments seeking clarification as to whether the DOJ would recognize tribal marijuana bans in states where recreational use has been legalized (see article from the Washington Post here).  

While the news coverage of the memorandum has varied, most coverage has framed the issue as one of tribal sovereignty.   As Purdon stated in the Los Angeles Times article, "the tribes have the sovereign right to set the code on their reservations."

Other news coverage is available here from U.S. News and World Report, here from USA Today, and here from the ABA Journal.