Marijuana still illegal on most tribal lands in Arizona
Recreational marijuana remains outlawed on the Navajo Nation and the Gila River Indian Community despite being legalized statewide by Arizona voters last year.
Proposition 207 legalized possession of up to an ounce of marijuana for adults 21 and older and also established a licensing system for retail sales of the drug.
recreational marijuana sales out of many of the state’s medical dispensaries have already begun, it remained illegal on Navajo and Gila River tribal land, according to tribal officials. That’s because both are among the state’s 22 federally recognized tribes that are sovereign nations and, therefore, govern themselves.
The Gila River Indian Community currently has no plans to change its law related to marijuana, the tribe said in a statement provided to The Arizona Republic.
Navajo Nation leaders did not respond to inquiries from The Republic; however, they also appeared to have little interest in legalizing the drug.
About a month before Arizonans could vote on the ballot measure legalizing recreational marijuana, the tribe amended its policy for marijuana, redefining it as all parts of the plant containing THC and strengthening penalties for people found in violation of the law.
Furthermore, a large portion of resiWhile dents on the Navajo Nation appeared to vote against Prop. 207 in the November election. In fact, only three of Arizona’s 15 counties turned out no votes on the ballot measure, including Navajo and Apache counties which are largely made up of Navajo tribal land.
Of 24,200 votes cast at Apache County polling places on the Navajo Nation, 12,900, or 53%, voted against Prop. 207, according to election data analyzed
by The Republic. At Navajo County polling places on the Navajo Nation, 5,356, or 55%, of the total 9,717 votes cast were against Prop. 207, data showed. Statewide, 60% of voters approved legalization.
FBI says it is not aware of any of state’s 22 tribes legalizing marijuana
Recreational marijuana likely remains illegal on other Arizona tribal nations; however, several tribal officials did not respond to The Republic’s inquiries.
As of Wednesday afternoon, the Federal Bureau of Investigation, which has jurisdiction within all of the state’s 22 federally recognized tribes, was not aware of any that had legalized marijuana, medically or otherwise, according to a bureau spokesperson, noting that despite any changes to state or tribal marijuana laws, it remained illegal federally.
“Whenever there is a disparity between federal law and state law it can create confusion, uncertainty and criminal consequences,” the spokesperson said in an email. “An example would be someone who lodges at a tribal casino and has marijuana on their person which may be legal in Arizona, but illegal on the reservation.”
Even if tribes opted to legalize marijuana, it’s unclear if or how it would be upheld by federal agencies with jurisdiction on tribal lands.
In 2013, the U.S. Department of Justice under the Obama Administration indicated it would not stand in the way of states where marijuana was legal so long as it didn’t cross state lines or get into the hands of children or criminals. The department the following year said it would approach legal marijuana on tribal nations the same way it treated states, NPR reported.
But the department under the Trump Administration reversed the policy in 2018, allowing U.S. attorneys across the country to make the decision.
Navajo Nation strengthened marijuana law in wake of hemp farming scandal
Changes to the Navajo Nation’s marijuana policy were approved by the Navajo Nation Council in a 16-5 vote before it was signed into law on Oct. 5 by Navajo Nation President Jonathan Nez.
“With this resolution, we are sending a clear message to all Navajo Nation residents and visitors, officials and those in elected office that you will be held accountable for possessing, manufacturing, transporting, selling, using, trading and delivering marijuana on the Navajo Nation,” Nez said in a news release at the time.
“We will continue to stand up for our communities against those who attempt to circumvent and manipulate our laws,” he continued.
The policy changes — which also included an exception for hemp production only after a regulatory system was approved by the Council — were likely due to hemp farm operations discovered on the Navajo Nation months earlier and dubbed illegal by officials.
Last fall, the Navajo Nation sued nearly three dozen people, accusing them of illegally growing hemp or marijuana on tribal land and claiming the operations were contaminating the tribe’s water, land and other natural resources.
Federal, state, local and tribal law enforcement authorities raided 21 farms and two residences in the Shiprock area of the Navajo Nation in November, destroying a quarter-million plants.
Arizona tribes historically opposed to legalization
Several Arizona tribes appear to have historically been opposed to legalizing marijuana on tribal lands.
In 2011, the Gila River Indian Community asked Pinal County supervisors to not allow medical marijuana dispensaries within a mile of their borders because it remained illegal on tribal land.
Six years later, no Arizona tribal officials had expressed public interest in being involved in the marijuana business even as tribal leaders from California
and Washington touted its financial and health rewards, the Associated Press reported.
That same year, efforts to legalize medical marijuana on the Navajo Nation failed, according to the Navajo Times.
Some U.S. tribes in recent years have considered legalizing marijuana, with proponents arguing it would boost tribal economies. Last year, the Oglala Sioux Tribe voted to legalize medical and recreational marijuana on the Pine Ridge Reservation in South Dakota.
There may be a pathway for Arizona tribes to reconsider.
Prop. 207 allows for 26 “social equity” licenses to be issued to people “from communities disproportionately impacted by the enforcement of previous marijuana laws,” ultimately allowing them to operate a dispensary.
It’s unclear if or how tribal nations would be factored into matters related to “social equity” licenses. A spokesperson for the state health department did not immediately respond to inquiries.
As of December, the rules related to the licenses hadn’t yet been been drafted.
A spokesperson for the state health department at the time said officials would meet with stakeholders and entities affected by Prop. 207 and take public comment to help develop the rules.
The Gila River Indian Community currently has no plans to change its law related to marijuana, the tribe said in a statement.