All eyes within the marijuana trade are on South Dakota following the information final week that the state’s prime prosecutor would convey felony costs towards a pair of consultants who helped a Native American tribe develop marijuana.
Whereas federal raids have taken place throughout the nation as tribes enter into marijuana and hemp rising operations, trade officers suppose South Dakota is the primary state to convey costs towards a pair of marijuana consultants who helped the Flandreau Santee Sioux Tribe domesticate its crop.
The fees additionally mark the primary time an lawyer common has focused how marijuana seeds arrived at a location the place they had been grown, a problem largely ignored in states which have legalized the drug.
Chris Lindsey, a Montana-based lawyer and authorized analyst with the Marijuana Coverage Mission, stated the authorized motion from a state’s lawyer common quite than a U.S. lawyer additionally constitutes a “recreation changer.” Lindsey stated that is the primary occasion he has seen of consultants going through costs in reference to their efforts to help the tribe.
“This can be a troubling growth,” Lindsey stated. “That is one thing we’ll be watching.”
Related marijuana and hemp rising operations amongst California and Wisconsin tribes have been topic to federal raids, however costs by no means emerged. The Flandreau tribe razed its crop of greater than 600 vegetation in November, citing an analogous probe.
The circumstances towards Monarch America heads Eric Hagen and Jonathan Hunt may have nationwide implications, Robert Hunt, a Denver-based lawyer and hashish marketing consultant, stated, as different states may view them as precedent-setting.
“I’ve by no means seen costs introduced forth on the stainless conception situation … this can be a model new query and one which the hashish trade is watching,” Hunt stated.
The difficulty at hand is getting the primary seed to the place the place it will likely be planted and grown. In states like South Dakota the place marijuana is illegitimate, the state has discretion to press costs for transporting or ordering these seeds, even when the feds will not.
And whereas states like Colorado, Washington and California have turned a blind eye to how the primary seeds arrive there after legalization, South Dakota Legal professional Normal Marty Jackley has taken a stance that the “immaculate conception” strategy is not going to fly on this state.
And the fees are apparently the primary to handle this situation.
So whereas the state’s 9 Native American tribes have obtained clearance from the U.S. Justice Division to legalize marijuana on tribal land, getting the seeds there may result in legal costs.
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Jackley says he has no plans to indict Flandreau Santee Sioux tribal members for his or her involvement within the marijuana develop operation and has stated tribes by way of their sovereignty have the best to develop and use marijuana. However he has despatched a transparent message that any non-tribal members who are available and try one thing related will probably be in danger.
And that message was obvious, even earlier than costs had been introduced, Hunt stated. Months earlier than the Flandreau tribe legalized marijuana and proposed a lounge on its land, Hunt met with Jackley to debate the federal authorization. Hunt stated Jackley made it clear then and all through the dialogue with the Flandreau Tribe that bringing marijuana seeds to South Dakota wouldn’t be permitted.
“I believe Marty Jackley made very clear to anybody that was listening that he didn’t need marijuana delivered to South Dakota,” Hunt stated. “I believe Monarch America and the Santee Sioux Tribe ought to have listened.”
Lael Echo-Hawk, a Washington D.C.-based lawyer and common counsel for the Nationwide Indian Hashish Coalition, stated the information would possible have a chilling impact on tribes coming into into related ventures with marijuana rising teams.
Comply with Dana Ferguson on Twitter @bydanaferguson, name (605) 370-2493 or e-mail dferguson@argusleader.com