Washington state’s history with American Indian Law is contradictory and seriously concerning. The courts have upheld the Yakima Nation’s fishing rights on common grounds while they simultaneously deny the Suquamish the right to prosecute non-Indians on tribal territory.

With the regulation and legalization of marijuana in Washington, the tribes have found themselves at a crossroads. Should they open up pot shops and cash in on the revenue? Or should the tribes consider the risks the American Indian Development Associates point out in their memo to the Justice Department?

In response, Vice News reports that the federal government has released the Cole Memorandum, which says tribes will not be regulated under the Controlled Substance Act as long as they follow some basic rules.

This sounds great, but since when is it the Justice Department’s job to regulate law on foreign territory? The American Indian Tribes can still be thought of as distinct independent communities, can’t they?

In practice, we have seen a split amongst the Washington tribes when it comes to the regulation of marijuana. According to the article “Tribes from around the US gather to discuss legal marijuana” by Gene Johnson with The Associated Press, Tulalip vice chairman Les Parks referred to marijuana legalization as a “Dream of another point of self-sufficiency on reservations.”

Others have been advocating for a cautious approach. Alcohol has caused many issues on the reservations, and many have been weary of allowing another controlled substance into the mix.

Ultimately it is under the tribes’ authority to make these decisions on a case-by-case basis. Unfortunately one Supreme Court case would affect all of the tribes no matter their geographical location.

This means that the whole situation could easily be turned on its head with one bad case. For example, if a non-Indian were to buy marijuana legally on a reservation in Montana, they could still be charged with possession while on federal land. This isn’t the greatest business model to have if you want to branch out your customer base.

Washington needs to butt-out of the whole situation. Lawmakers can argue over how to integrate the medical system all they want, but they have no jurisdiction over what laws may be passed in what the Justice Department calls “Indian Country.” Through the Supreme Court, our state has decided “good law” allows non-Indians to commit crimes and seldom get punished on the reservation.

Indian sovereignty is not dead, although it sometimes looks that way. If the Feds want to put their nose in the affair, then I would remind them to resolve ambiguities of law in favor of the tribes.

Adam Felcyn is a senior political science major from Kent. He can be contacted at 335-2290 or by [email protected]. The opinions expressed in this column are not necessarily those of the staff of The Daily Evergreen or those of the Office of Student Media.