First term U.S. Senator wants to punish tribes by terminating entitlements
Tribes are continuously admonishing the federal government to honor tribal treaties, the foundation upon which federal Indian law and the federal Indian trust relationship is based.
Federal treaties are “contracts among nations” recognized and established under unique sets of rights, benefits, and conditions for the treaty-making tribes who agreed to cede of millions of acres of their homelands to the United States and accept its protection and considered to be “the supreme law of the land.”
U.S. Senator James Lankford (R-OK) has recently sponsored a bill to introduce the KIDS Act, a bill to help reduce illegal drug use on Tribal lands. KIDS Act (S. 1984) stands for ‘Keeping out Illegal Drugs Act of 2015 ("S.1984").’ (Read copy of text) Specifically, the bill would prohibit Indian tribes and tribal organizations that cultivate, manufacture, or distribute illegal marijuana on Indian land from receiving any federal funds.
Lankford, a first term Senator, is advocating S.1984 to punish tribes for enacting sale and use of marijuana by withholding federal funding, or entitlements. He backs up the draft bill with the same rhetoric used by tribal casinos opponents, i.e. increase of public works infrastructure, fire protection, law enforcement protection, illegal drug activity and or other forms of illegal activity. Lankford's belief that the cost of use of marijuana will create illegal activity resulting in increased marijuana use.
Most all of us have tried or been a marijuana (canabis) user at some time or other in our life. Even U.S. Presidents have admitted, or denied loosely, that they have "took a hit" or "did but didn't inhale," marijuana.
Use of marijuana can result in dizziness, shallow breathing eed eyes and dilated pupils, dry mouth, increased appetite and or slowed reaction time.
Cocaine causes a short-lived, intense high that is immediately followed by the opposite—intense depression, edginess and a craving for more of the drug. People who use it often don’t eat or sleep properly. They can experience greatly increased heart rate, muscle spasms and convulsions. The drug can make people feel paranoid, angry, hostile and anxious—even when they aren’t high. Cocaine users are definitely an accident waiting to happen.
Nationally about 7 percent of Americans over age 12 have used marijuana in the past month.
In what will surely not be a surprise to anyone who has ever been young, 18- to 25-year-olds use marijuana the most. Nearly 19 percent of that group has used marijuana in the past month, according to the latest National Survey on Drug Use and Health. But again, the state-to-state variance in those numbers are considerable. More than one third of Vermonters in that age bracket regularly use marijuana, compared to less than 10 percent of Utah's 18- to 25-year-olds.
But usage rates drop off considerably for people age 26 and older: Only 5 percent of Americans in that age group smoke marijuana regularly. Most marijuana users become more "laid back" and less susceptible to drinking and driving or other acts of illegal activity. The Everyone has their own opinion.
But thinking upon this movement, I have concluded that use of marijuana is no more the cause of emotional anxiety or addiction than gambling.
According to a 2013 report by the American Gaming Association, one-third of Americans (34 percent) visited a casino in the past 12 months. Twenty-eight percent of people aged 65 and older visited a casino in the past 12 months. An article in Psychology Today, however, puts the percentage much higher: David Oslin at the University of Pennsylvania claims that 70 percent of people 65 years and older "had gambled in the previous year and that one in 11 had bet more than he or she could comfortably afford to lose."
In exchange for state sharing of gaming revenue compacts, the state of Oklahoma received more than $140 million from Oklahoma gaming tribes in 2014. Oklahoma tribes also earned revenue of more than $4.1 billion in 2014. Casino gross revenue nationwide accounted for approximately $28.5.
The National Indian Gaming Association reports that employment at tribal casinos include Employment total number of jobs at 400,000 and national percentage of Indian to non-Indian casino employees encumbered by 75% non-Indian, 25% Indian. Tribes, states, local economies and employee workforce benefits from gaming operations. Job market diversity promotes good relations between Indians and non-Indians.
It's hard to comprehend why, other than the Indian Gaming Regulatory Act (IGRA) enacted in 1988, tribes must share gaming revenue with states, but state approved non-Indian gaming establishments do not share state revenue with tribes for those gaming enterprises owned and operated by non-Indians.
The most recent "Asset Forfeiture" relating to illegal drug activity amounted to more than $1.7 billion in the 2010 Report on Asset Forfeiture. By contrast, the federal government spent approximately $15 billion on the war on drugs campaign. This amount includes enforcement, treatment, prevention, interdiction, etc. A losing cause when compared to other also necessary programs. Tribes would probably appreciate the federal government expending 60% more than is available or cost effective on tribal entitlements.
The federal government understands what a cash cow the sale of marijuana could be and doesn't want tribes to grow in economic stability. Estimates are that tribal legalization of marijuana could be a greater revenue source than gaming. True or false? Who knows. The Department of Justice's Cole Memorandum provides the impetus for tribes to wet their feet in the tribal legalization of marijuana use. The Cole Memorandum still does completely absolve tribes from being prosecuted for use and distribution of marijuana. But the memorandum clearly delineates the distinction of state laws where marijuana use and distribution for medicinal or recreational use is allowed.
It could be a two-faced trick. Tribes are trying to ascertain the rationale of the raid on the marijuana operation ran by the Pit River Tribe’s XL Ranch and the Alturas Indian Rancheria on July 8, 2015 in northeastern California. But it’s also a story of two tribes’ with conflicted internal politics on growing operations on tribal land, and of the perilous path faced by tribes looking to legalize pot.
Tribal Marijuana - "Good or Bad?" Who really knows? The state of Colorado seems to think it's good. What do I think? I'm not a user or someone who puffed but didn't inhale. Indians will ultimately do what they feel is right and best for their people. Also, I believe that any type of infringement on tribal sovereignty is an assault on Indian Country that began from the moment that the pilgrims landed on the soils of this continent and continues today.
– Jay Daniels has 30 years of experience working in Indian Country, managing trust lands and is a member of the Cherokee Nation of Oklahoma. You can find resources and information at RoundhouseTalk.com.
