No Tribal Marijuana in California, Says Mendocino Sheriff

The first Indian nation to embrace medical marijuana growing seems to have backed off, or at least slowed down.   A week or two ago came news that the Pinoleville Pomo Nation was poised to begin growing MMJ on tribal lands.  But a reader sends us this update on that story, which I hadn't seen:

    The Pinoleville Pomo Nation's proposed medical marijuana growing endeavor appears to be off for the time-being after a meeting with Mendocino County Sheriff Tom Allman Thursday. 

    Allman acknowledged Friday morning that he had a 'lengthy' meeting with involved individuals he would only identify as a "couple representatives," who he said visited the Sheriff's Office for an hour-and-a half about the proposed 2.5 acre medical marijuana growing facility.

    Construction of the project was reportedly scheduled to proceed this month on Pinoleville's land just north of Ukiah involving two other out-of-state investors, FoxBarry Cos. LLC out of Kan., and United Cannabis Corp. in Denver, Colo. 

    Allman also acknowledged all parties present during the discussion were cooperative with his concerns. 

    "I think we all agreed there is no need to proceed on the project," Allman said. "As far as I know there are no laws that allow this. What we did discuss is there certainly needs to be more research on the project that is being proposed."

    Allman said the specific topics of discussion were public safety and quality of life concerns for Mendocino County residents, followed by the subject of the environment, including water, and the legality of the concepts being proposed.

    Mendocino County District Attorney Spokesman Mike Geniella said as of Thursday afternoon District Attorney David Eyster still hasn't received a response to his written request for detailed project information. Geniella said last week that Eyster had sent out a multiple page request for information by certified mail to FoxBarry, United Cannabis and the Pinoleville tribe. 

    "He's (Eyster) giving them the appropriate amount of time," Geniella said. "Supposedly FoxBarry is saying they're going to be meeting with local officials, but we haven't heard from them, nor have they scheduled anything. "Eyster will not meet with them unless they provide answers to his detailed questions." 

An editorial in the Ukiah Daily Journal confirms that Sheriff Allman has nixed the proposal.  The sheriff relies explicitly under his authority to enforce federal law under P.L. 280. 

Here's the paper's take on the issue:

    We are glad to hear that Sheriff Tom Allman has politely but firmly put his foot down over local tribes starting up marijuana growing businesses.

    Allman has made it clear to the marijuana entrepreneurs from Kansas and Colorado who want to partner with the Pinoleville tribe in Ukiah to open a 2.5-acre marijuana farm, that there are no laws that allow them to do that.

    It appears that a new sort of “urban myth” has grown around a memo sent out by the U.S. Department of Justice about its priorities for prosecuting marijuana growing in states that have legalized it to some extent. The memo, known as the “Cole Memo” which dates back to early 2014, does not mention Indian lands among the eight priorities for prosecution. Those priorities include keeping pot away from minors, keeping criminal enterprises out of the marijuana business, preventing marijuana grown legally in some states from traveling to other states where it remains illegal, on so on.

    Another DOJ memo released in late 2014 discussed requests from tribes in states where marijuana has been legalized for guidance about what they can do on tribal lands. That memo referred back to the Cole memo but added that nothing in the Cole memo means that federal marijuana laws are no longer going to be enforced on tribal lands.

    Nonetheless, enthusiastic marijuana proponents interpreted the memo as permission for tribes to get started and spread the word.

    Beyond the DOJ’s clear assertion that no laws have changed, Allman points out that in California the federal government has transferred its criminal law enforcement on tribal lands to the state (PL-280), which means the sheriff has that responsibility.

    As Allman says, there are no laws that allow tribes to simply go into the marijuana business in California. We appreciate his making his point explicitly before any such project got started.