Native American Use Further Complicates US Marijuana Laws

Debates about the legality of marijuana use have sprung up across the nation as more and more states legalize medical and recreational cannabis despite the face that federal laws still class the drug as illegal. Now, Native Americans are using their power to govern their own reservations to determine whether or not pot use will be legal, creating even more confusion in states where marijuana use is still considered a criminal activity.

Last week, South Dakota's Flandreau Santee Sioux Tribe

the use of recreational marijuana use on its reservation, a direct contradiction to the state's laws which prohibit the drug. While the Justice Department announced that tribes would be allowed to make their own laws regarding marijuana use independently last December, the Flandreau tribe is the first to legalize pot in a state where the drug is still illegal.

Unlike places like Colorado where people are allowed to consume and possess large amounts of marijuana freely, the Flandreau tribe hopes to keep drug use from spinning out of control with tight restrictions. Users must consume the drug in a designated area and are not allowed to use marijuana in their homes. Each person is only allowed to consume one gram, or the equivalent of one joint and growing is prohibited.

Murky Marijuana Enforcement

The tribe says that allowing marijuana use will bring in millions of dollars worth of revenue, a major reason for legalizing its use. However, it could create some confusion for non-Indian residents as it effectively creates a loophole in state laws. To clear things up, South Dakota Attorney General Marty Jackley has warned residents that pot consumption, even on the reservation, is still illegal for non-Indians. Once off tribal lands, a person with pot in their system can be prosecuted even if the consumption took place on the Flandreau reservation.