'A leader in Indian Country': Bay Mills Indian Community legalizes recreational marijuana

Wednesday, April 10, 2019

By Acee Agoyo

The Bay Mills Indian Community has legalized the recreational use of marijuana on the reservation, becoming the first tribe in Michigan to do so.

The tribe took action after the general council -- consisting of adult voters in the community -- supported legalization at a meeting in January. Residents of the reservation who are over the age of 21 can now cultivate, possess and use marijuana under a newly adopted ordinance.

“Our tribal government does not necessarily promote the use of marijuana, but we believe that criminalizing it is bad policy,” Chairman Bryan Newland said in a press release on Wednesday. “Our new tribal law ensures that people on our lands are no longer at risk of prosecution for actions that are lawful everywhere else in Michigan.”

The new ordinance, a draft of which was posted by the chairman on social media last month, was adopted by the tribe's executive council on Monday. It allows those with past marijuana convictions in tribal court to seek to have such convictions removed from their records.

Mission Hill. Bay Mills Indian Reservation

Mission Hill on the Bay Mills Indian Reservation in Michigan. Photo: Bryan Newland

The action comes after voters in Michigan legalized marijuana last November. The tribe's ordinance contains provisions that are similar to those in the new state law, essentially putting Bay Mills residents on equal footing with their neighbors off the reservation.

Despite the change in tribal and state law, marijuana is still considered illegal under federal law, which means it's illegal in Indian Country. In some instances, tribes that have cultivated marijuana -- and even hemp, its non-potent relative -- have faced federal and state raids.

But tribes located in states where marijuana has been legalized have been able to avoid persecution. The notable examples are Washington and Nevada, where marijuana is legal for recreational, medicinal and commercial purposes.

In recognition of the changing landscape, the Department of Justice during the Obama era had issued guidance that seemed to recognize tribal sovereignty over marijuana. The Trump administration has rescinded the policy although enforcement actions do not appear to have been taken against tribes since the January 2018 action.

Hemp, on the other hand, is now completely legal thanks to the 2018 Farm Bill, which includes dozens of provisions benefiting Indian Country. The Department of Agriculture is in the process of developing a rule addressing tribal and state production of industrial hemp.

Department of Justice Guidance [Since Rescinded]

Policy Statement Regarding Marijuana Issues in Indian Country (October 2014)