Yakama Nation invokes 1855 treaty in attempt to ban marijuana in 10 Washington counties

[Redfairen]

YAKIMA, Wash. — The Yakama Nation is considering an unprecedented move in its fight against legalized marijuana that could have implications for 10 Central Washington counties. With a marijuana ban already in place on the Yakama reservation, tribal representatives now say they’ll fight the state to keep marijuana businesses from opening anywhere on ceded lands, which constitute one-fifth of the state’s land mass. The tribe’s options include suing the state in federal court if no compromise can be reached, Yakama Nation Tribal Council Chairman Harry Smiskin said.

“We’re merely exercising what the treaty allows us to do, and that is prevent marijuana grows (and sales) on those lands,” Smiskin said.

Under the Yakama Treaty of 1855 with the federal government, the Yakama Nation was to have exclusive use of the 1.2 million-acre reservation and maintain fishing, hunting and food-gathering rights on more than 12 million acres of ceded land. The tribe has successfully taken court action against federal and state entities as well as private interests in the past to defend those rights, but most of those cases have been directly tied to the tribe’s access to natural and cultural resources.

“To my knowledge, this would be the first time” the tribe has sought to prevent the implementation of a state law on all ceded land, said George Colby, an attorney for the Yakama Nation. “The tribe’s stance is if you don’t fight, you don’t get to win,” Colby said.

The tribe expects to file more than 600 objections with the state and federal governments against license applicants located in the 12 million-acre area that includes land in 10 Central Washington counties, Colby said. About 300 of those complaints have already been filed, he added.

http://www.yakimaherald.com/news/latestnews/1825762-8/yakamas-want-to-ban-pot-on-12-million

[msongs]

1. so does the tribe prevent alcohol sales too? nt

[Chan790]

3. No, but technically irrelevant.

There is nothing in the treaty that says they have to ban alcohol; there is apparently clauses of the treaty that they believe may allow them to regulate agriculture and commerce within their ceded lands.

I'm pro-legalization but I'm also a Native American and I hope they win. It would set a good precedent for the power and authority of Native American nations existing within and across US boundaries. The same ruling that would allow them to ban marijuana within Yakima nation, sets a precedent for other tribes elsewhere to legalize marijuana in tribal nations within and across states where legalization would be a tough sell.

[davidpdx]

4. I support them being able to ban it on the reservations if that's what they want

I'm not sure how they will end up being able to block people outside the reservation from selling/buying/using it. It seems like this would be a problem in other states as well. Colorado has Indian tribes, I wonder if they will take the same action.

[AgingAmerican]

9. Yes, the tribe bans alcohol sales

They did so 15 or so years ago. I remember driving through Toppenish wa on the res in the 80s, and seeing dozens of drunken indians all over around the train station there.

[AverageJoe90]

2. You have *got* to be kidding.

It almost seems like something out of a bad short story, TBH.

[PassingFancy]

5. It is ironic they want to ban a huge crop they grow in that part of the state

They want their own pot sales to remain underground - they grow tons and tons of pot among all of the rest of the crops they grow in the Yakima Valley. How do I know this - I used to smoke pot and knew growers on that side of the state. I live in the South Puget Sound region - and I happen to have a bit of insider information about the crops grown in the Yakima Valley.

Even though my husband is 1/4 Chippewa and I have Sioux, Cherokee, and Blackfoot in me, I do not see that the Yakama Nation will win this since the people of this state overwhelmingly voted to legalize pot - and it's up to the state as to where they authorize the pot stores to be located, even if it runs counter to what any other portion of the citizenship wants. Quite frankly, I hope they lose - as well they should.

[geek tragedy]

8. you may want to read up a bit on the legal status of native american tribes.

Tribes have authority that the states have to respect.

[AgingAmerican]

10. This is nonsense

The tribe doesn't grow pot. The Mexican drug cartels have massive grows on reservation land there. The cartels were caught a few years ago buying up vineyards and planting between the grape vines.

[marlakay]

6. Think they are doing it to get a piece of the profits? Nt

[TeamPooka]

7. Now the Yakama Nation are reefer madness prohibitionists. Stupid but whatever.

[B Calm]

11. Maybe if they lit up the peace pipe, they

would get a different perspective.