Minnesota Court of Appeals to decide if state can prosecute cannabis crimes on tribal lands
Todd Thompson, a White Earth tribal member, sold cannabis from his tobacco store in Mahnomen on the White Earth reservation in northern Minnesota. Photo by Max Nesterak/Minnesota Reformer.
The Minnesota Court of Appeals will review whether the state may prosecute tribal members for cannabis crimes on most Native reservations in the state, wading into new legal territory after the state legalized recreational cannabis in 2023.
The case involves a White Earth citizen, Todd Thompson, who faces a felony charge for selling marijuana from his tobacco store in Mahnomen on the White Earth reservation.
Mahnomen County sheriff's deputies and White Earth tribal police raided his store on Aug. 2, 2023, a day after recreational cannabis became legal in Minnesota, and seized about 7.5 lbs of cannabis, 433 grams of marijuana wax and $2,748 in cash along with Thompson's cell phone and surveillance system.
More than eight months after the raid, Mahnomen County charged Thompson with felony possession, which carries a maximum sentence of five years in prison and a $10,000 fine.
Thompson asked Mahnomen County District Judge Seamus Duffy to dismiss the charge, arguing that the state doesn't have the legal jurisdiction to prosecute him.
Under what's called Public Law 280, Minnesota has the power to prosecute tribal members on certain reservations including White Earth's for criminal acts, but not civil or regulatory violations of state law. Thompson and his attorney, Claire Glenn, argued that after cannabis was legalized in Minnesota, possessing and selling the drug became a regulatory matter, not a criminal one.
Thompson also argued that prosecuting him for possession of cannabis violated his rights under the United States' 1855 Treaty with the Ojibwe, which guarantees the Ojibwe usufructuary rights to hunt, fish and gather on ceded lands.
The district court judge ruled that the state did have jurisdiction, allowing the case to proceed. He held that the matter was criminal and that treaties guarantee rights to tribes, not individuals.
Typically, criminal cases can only be appealed after a conviction, which raised the prospect that Thompson could be forced to go to prison before being able to appeal the judge's ruling.
Thompson's attorney, Claire Glenn, asked the Court of Appeals to make an exception and review the jurisdiction matter because his case presents new legal questions that will have implications for Native tribes and tribal members across the state. The appeals court judges agreed.
'A decision on the jurisdiction of the state to enforce Minnesota's cannabis-possession laws and on the extent of the rights reserved under applicable treaties will have an immediate statewide impact on all Tribes in Minnesota subject to Public Law 280 and on their members,' Chief Judge Jennifer Frisch wrote in the opinion on behalf of herself, and Judges Randall Slieter and Rachel Bond.
Glenn praised the decision, noting how rare it is for the Court of Appeals to intervene in the middle of criminal cases.
'We're very encouraged by that, but obviously we have a ways to go,' she said.
Both sides must now submit written briefs before oral arguments will be scheduled.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
10 hours ago
- Yahoo
Feds: South Minneapolis law enforcement action was related to seizure of 900 pounds of meth
A demonstrator watches while an officer sprays mace following a raid at Las Cuatro Milpas in Minneapolis, Minnesota Tuesday, June 3, 2025. (Photo by Nicole Neri/Minnesota Reformer) Law enforcement officers found 900 pounds of methamphetamine in a Burnsville storage locker recently, which led them to raid eight Twin Cities metro locations seeking evidence related to the drug find, as well as evidence of bank fraud, illegal guns and human trafficking, according to a federal court filings. The details of the raid were revealed in a federal indictment announced on Tuesday against a 27-year St. Paul woman for 'assaulting, resisting or impeding certain officers' during a protest at one of the search locations, Las Cuatro Milpas in south Minneapolis. The indictment is filled with details that would seem to be tangentially related to the alleged assault on an officer, but shed light on the larger operation. The attempt to execute a search warrant in south Minneapolis led to a contentious confrontation last week between a bevy of law enforcement agencies and demonstrators, who feared an ICE raid amid the agency's increasingly militarized tactics. The indictment also confirms that the operation was not related to immigration per se but was an ongoing investigation of major drug trafficking. Federal officials say they found the meth — valued between $22-25 million — in Burnsville and were then granted eight search warrants for locations in Bloomington, Inver Grove Heights, Northfield, Burnsville and Minneapolis. They found two gold-plated guns, documents, digital evidence and images from the Brian De Palma film, 'Scarface,' which is a common homage of narco-traffickers, according to the indictment. At Las Cuatro Milpas on East Lake Street last week, officers showed up to serve the warrant wearing the uniforms of ICE, DEA, FBI, the criminal investigation arm of the IRS. The Hennepin County Sheriff's Office was also present as was the Minneapolis Police Department, though only for crowd control. An ICE spokesperson said the 'groundbreaking' operation was Minnesota's first under President Donald Trump's Homeland Security Task Force, which he established via executive order on the first day of his second term. The overwhelming show of force motivated people in the community — fearing an immigration raid — to protest. The demonstration led to clashes with police A slew of local elected officials questioned the effectiveness and purpose of the law enforcement operation. Gov. Tim Walz called it 'chaotic.' Attorney General Keith Ellison said 'it seemed like the point was to inflict terror and fear into the community.' Minneapolis City Councilman Jason Chavez told MPR's Cathy Wurzer that the operation was intended to intimidate residents. 'It felt like a very tactical decision to escalate, cause pain and trauma, to the people that live here in the heart of south Minneapolis, and it felt like an intentional decision to unfortunately scare the people that live here.' Despite the new information on the south Minneapolis operation, federal law enforcement is still likely to face skepticism in the Twin Cities following the raid, especially given the Trump administration's escalation of immigration enforcement in Los Angeles, which now includes use of the U.S. military.


Newsweek
4 days ago
- Newsweek
FBI Offers Reward for Info Leading to Indigenous Teen Missing for 8 Months
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A combined $10,000 reward has been offered for information leading to the discovery of 13-year-old Sa'Wade Birdinground who vanished from her grandparents' Montana home last October. The FBI's Salt Lake City Field Office offered a $5,000 award that was matched by the executive branch of the Crow Tribe of which Birdinground is a part of. Following a Friday press conference, members of the community held a walk and presentation of red balloons at Little Big Horn College, symbolizing collective hope and continued efforts to bring Birdinground home, Yellowstone Public Radio Reported. Why It Matters The teenager's disappearance has drawn attention to the broader crisis of missing and murdered Indigenous people in the United States, particularly in Montana and other states with significant tribal communities. Indigenous women make up a disproportionate majority of missing and murdered women in the U.S., with the murder rate 10 times higher for women living on reservations, according to the organization Native Hope. Murder is the third leading cause of death for Native women, the organization added. The Department of Justice's (DOJ) "Operation Not Forgotten" reflects a national push to boost investigative resources and address longstanding disparities in response to cases involving Indigenous individuals. What To Know Birdinground was last seen at her grandparents' residence on the Crow Indian Reservation in Garryowen, Montana, on the night of October 6, 2024. Since then, she has not been heard from. The reservation sits about 65 miles southeast of Billings and is near the former site of Sitting Bull's camp, on Garryowen bend of the Little Bighorn River, according to the city's website. The area was a traditional summer hunting campsite for many Plains Indian tribe and was the site of one of the largest Indian gatherings ever recorded in North America. When last seen, the 13-year-old was approximately 5'4" to 5'5" tall, weighing 130–140 pounds, with brown eyes, curly brown hair. She is also known to wear an elk tooth necklace. On the night she disappeared, she wore a black hoodie with mushrooms, an anime T-shirt, basketball shorts, purple slip-on Skechers and may have also carried a black and purple Adidas backpack, the FBI's release said. Early searches by the FBI, Bureau of Indian Affairs, local law enforcement, the community, and the Montana National Guard have led to no confirmed sightings or significant leads, according to a report from local news station KTVQ. Federal and tribal authorities described Birdinground's case as exceptional due to her age and the circumstances and highlighted the ongoing struggle of Indigenous communities where dozens of members are reported missing each year. So far this year, the FBI doubled the number of special agents assigned to investigate cases on the Crow and Northern Cheyenne tribal nations. Data from the Crow Tribe showed that while about 78 missing persons are reported annually, most cases are soon resolved. Sa'Wade Birdinground, 13, has been missing from the Crow Indian Reservation since October of 2024. Sa'Wade Birdinground, 13, has been missing from the Crow Indian Reservation since October of 2024. FBI What People Are Saying Mehtab Syed, FBI Special Agent in Charge of the Salt Lake City Field Office that covers Montana, Utah, and Idaho, said during Friday's press conference: "Eight months is an incomprehensible amount of time for any family to be without their child. For eight months, Sa'wade's family has had to know life without her." He added: "Sa'Wade is not forgotten. She matters, and we are doing anything in our power to bring her home." Wade Birdinground, Sa'Wade's father, said during the press conference: "It's been a whole different life. To be honest, it's been horrible. I just want to thank the FBI and the Crow Tribe and everybody else. Thanks for helping me out and continue to search for Sa'Wade." Frank Whiteclay, Crow Tribal Chairman, said during the press conference: "We wanted to match the FBI's award so we can show not only the family, but the community, that my administration is here for the community to assist whenever a crisis comes ahead." What Happens Next? Federal, tribal, and local agencies are continuing the active investigation, seeking public tips and following all available leads. The FBI urged the public to come forward with any information and have established a dedicated tip line for Sa'Wade Birdinground at the Salt Lake City Field Office (801-579-6195). Tips can also be submitted online at Community leaders also urged the public to remain vigilant and share information widely on social media.
Yahoo
4 days ago
- Yahoo
Apple Valley woman latest to be charged in Feeding our Future fraud
An Apple Valley woman is the 72nd person federally charged for her role in the $250 million fraud scheme that exploited a federally funded child nutrition program during the COVID-19 pandemic, acting U.S. Attorney Joseph H. Thompson announced on Friday. Dorothy Jean Moore, 57, of Apple Valley, was charged in a federal indictment with three counts of wire fraud and two counts of money laundering, Thompson said in a news release. According to the release, Moore launched two purported federal child nutrition program sites in late 2020 under the sponsorship of Feeding Our Future. Moore completed and signed meal count forms, claiming to have served 1,500 meals to children each day at each of her sites, which she said she operated out of community churches. Moore claimed and received reimbursements for those meals through the Feeding Our Future program, the release said. In addition, she said she operated a catering company called Jean's Soul Food and claimed additional federal reimbursements for food from that company used at the other sites. The release cited her bank records, saying they show she used 'little of the reimbursement dollars she received to purchase food. Instead, Moore used those funds for other purposes, including to purchase cars and fund an enhanced lifestyle.' She is the 72nd Minnesotan charged with defrauding the U.S. Department of Agriculture's child nutrition programs during the pandemic, when regulations temporarily were loosened and a variety of businesses and nonprofits were allowed to help feed hungry kids while schools were closed. Federal prosecutors have called the scheme the nation's largest coronavirus pandemic fraud, amounting to more than $250 million. 'This fraud is outrageous, brazen, and seemingly never-ending,' said Thompson in the release. 'Stealing from a program designed to feed vulnerable children is not only criminal — it's unconscionable,' said Special Agent in Charge Alvin M. Winston Sr. of FBI Minneapolis. Moore made her initial appearance in U.S. District Court Friday. Brooklyn Center attorney suspended by Minnesota Supreme Court U.S. Customs Border Protection officer charged with possessing child porn Man once convicted in Minnesota of supporting al-Qaida is now charged in Canada for alleged threats Jury finds Milwaukee man guilty of killing and dismembering 19-year-old woman 'We feel relief': Derrick Thompson found guilty in Minneapolis crash that killed five young women