Tribal lands set their own rules on pot

Most Native American tribes are opting not to legalize marijuana, though at least two are poised to try it — just six months after a Justice Department memo indicated federal authorities likely would not interfere with growing marijuana on tribal lands if other federal crimes were not committed.

Many tribes exploring their options said that as U.S. citizens and sovereign nations, they deserve the right to choose to legalize as states have done. However, tribes continue to balk at the vague language of the Justice Department's so-called "Cole Memorandum" and the fear of federal prosecution.

"This is not the position of the entire federal government. It's very complicated," said tribal attorney Lael Echo-Hawk of the Seattle-based law firm of Garvey, Schubert, Barer. "Tribes interested need to get some written assurance from their district attorney because possessing a Schedule I controlled substance carries serious penalties and is not something to be taken lightly."...

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