You would not tie an anchor to a drowning man and claim you were helping him swim. Yet the Obama administration’s Department of Justice has done something quite similar with a determination that Native American reservations may become centers for “legal” marijuana sales and use, notwithstanding that this policy stands in stark violation of the federal Controlled Substances Act.
This new push for expanding marijuana use is legally suspect. Prior DOJ memoranda suspending enforcement of federal drug laws, such as in Colorado, were contingent on the alignment of marijuana sales and use with prevailing state laws or regulatory regimes. But Native American reservations are not legally equivalent to states; rather, they are “dependent domestic sovereigns,” broadly subject to federal law.
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