Latest news with #PublicLaw280
Yahoo
16-05-2025
- Yahoo
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.
Yahoo
21-03-2025
- Politics
- Yahoo
Judge rules Minnesota can prosecute marijuana crimes on reservations
Max NesterakMinnesota Reformer A Minnesota district court judge ruled that the state may prosecute Native Americans on most reservations for possessing large amounts of marijuana, allowing a felony case against a White Earth man to proceed. The ruling is the first — though likely not the last — to address state law enforcement's jurisdiction over marijuana in Indian Country since Minnesota legalized its recreational use in 2023. Todd Thompson, a White Earth citizen, faces a felony possession charge with a maximum sentence of five years in prison and a $10,000 fine for selling marijuana without a license 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. 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. The judge, in a ruling issued earlier this month, disagreed. He wrote that the possession of 'non-personal, non-recreational amounts of marijuana in public is generally prohibited,' and that just because the state may issue licenses to businesses to sell marijuana, doesn't mean it's only a regulatory matter. He pointed to a case in which a White Earth man was convicted of possessing a pistol without a permit on tribal land. 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. Again, the judge disagreed, pointing out that even Thompson acknowledged marijuana was not used in a ceremonial way in the 1800s, and that treaties guarantee rights to tribes, not individuals. Minnesota's law does not limit the White Earth Nation's right to regulate marijuana on their land, the judge wrote. Thompson, through his attorney, said the ruling was 'disappointing, but not surprising.' 'Exercising my rights should not be controversial or complicated. But once again, the state has failed to respect our sovereignty, our constitution, our own rule of law that has existed since long before the state of Minnesota even existed,' Thompson said. Thompson's attorney said they are considering their avenues for appeal. Complicating matters is the fact that criminal cases can typically only be appealed after a conviction, which means Thompson could be forced to go to prison before being able to appeal the judge's ruling. The potential conviction of a Native American man for selling marijuana without a license would seem to cut against one of the central arguments Minnesota Democrats made in favor of legalization, which was to undo racial disparities in marijuana charges. State Democrats even mandated that a certain number of licenses be set aside for so-called social equity applicants who have been disproportionately affected by the War on Drugs. Even so, in the interest of public safety, state lawmakers maintained criminal penalties for possessing large amounts of cannabis or selling it without a license. Thompson flouted those requirements in a direct challenge to state and tribal regulations. Like many Native people, he says he doesn't believe Public Law 280 is legitimate. He also says the White Earth tribal council — which voted just days before the state cannabis law took effect to legalize adult-use cannabis and sell it from a tribal-run dispensary — overstepped its authority in establishing rules on cannabis sales. This isn't the first time Thompson has publicly taunted law enforcement in order to assert tribal sovereignty. In 2015, he was cited for illegally gillnetting on Gull Lake without a permit. Thompson fought the charges, which were ultimately dropped years later after a district court judge ruled that Thompson retained fishing rights on Gull Lake as a citizen of the White Earth Nation. Thompson also successfully fought a citation by the state Department of Natural Resources for illegally harvesting wild rice on Height of Land Lake in 2023. Prosecutors initially dropped that case in 2024 but refiled it last August, right before ricing season. Thompson argued the timing and delay was malicious, and on Wednesday, Becker County District Judge Michelle Lawson agreed. She dismissed the ricing case, ruling that prosecutors unnecessarily delayed bringing the case, which caused Thompson to miss two seasons of harvesting wild rice out of fear of further incidents with law enforcement.
Yahoo
20-03-2025
- Politics
- Yahoo
Montana legislature aims to resolve law enforcement dispute
Nora Mabie and Kaiden Forman-WebsterMTFP + ICT Lawmakers have proposed two bills this session that aim to resolve a long-standing law enforcement dispute between the state of Montana, Lake County and the Confederated Salish and Kootenai Tribes. At the center of the conflict is Public Law 280, a federal law that shifts law enforcement jurisdiction on some Indian reservations from the federal government to certain states. While Public Law 280 was mandatory for six states when it was enacted in 1953, in Montana individual counties or the entire state could choose to opt in. Unlike the original federal law, a Montana law required tribal consent. In 1965, frustrated with what they said was insufficient federal policing and inadequate resources at the tribal level, the Confederated Salish and Kootenai Tribes (CSKT) consented to implementing Public Law 280 on the Flathead Reservation. Since then, local county law enforcement — rather than federal entities like the FBI and Bureau of Indian Affairs — has had jurisdiction over accusations of felony crimes committed by tribal members on the Flathead Reservation. And for the last 30 years, the CSKT have investigated claims of misdemeanors committed by tribal members, helping shoulder the jurisdictional burden. The two bills proposed this session come from non-Native Lake County lawmakers. The proposals take different approaches to addressing the funding question, and one has garnered support from CSKT leadership as well as the lieutenant governor. Lake County in northwest Montana overlaps with much of the Flathead Indian Reservation. In the 1960s Lake County officials supported Public Law 280, saying it would help combat crime on the reservation, but attitudes have shifted in the decades since. Because the federal law is unfunded, Lake County officials have for years said it is burdensome to taxpayers. Where county leaders argue the state should reimburse Lake County for the law enforcement services it provides on the reservation, Republican Gov. Greg Gianforte has maintained that funding Public Law 280 is the responsibility of individual counties, not the state. The conflict has serious implications for Native and non-Native Lake County residents as it could change which law enforcement entity — state, tribal or federal — has jurisdiction over certain crimes committed on the reservation. County officials have over the years turned to the courts and the Legislature to resolve the dispute — to no avail. They've also threatened to withdraw from the agreement altogether, which would kick jurisdictional responsibility to the state. In 2021, the Legislature appropriated $1 to Lake County for exercising jurisdiction on the Flathead Reservation — an amount a Montana judge later called 'patently absurd.' And last legislative session, Gianforte vetoed a bill that would have sent $5 million in state money to the Montana Department of Justice to offset costs for Lake County over a two-year period. The bill also would've created a Public Law 280 task force, and it would have prevented Lake County from withdrawing from the Public Law 280 agreement in the future. In his 2023 veto letter, Gianforte wrote that reimbursing Lake County would create 'a slippery slope at the end of which we can expect another request for funding in 2025 from Lake County — and any other counties experiencing financial pressures in enforcing state criminal jurisdiction within their boundaries.' This session, two lawmakers have brought bills they say will remedy the conflict. Rep. Tracy Sharp, a Republican from Polson, sponsored House Bill 366 that would provide $5 million to reimburse Lake County over the next two years. Unlike the bill Gianforte vetoed last session, Sharp's bill does not prohibit Lake County from eventually withdrawing from the agreement. Sharp's bill was heard early in February and as of March 17, it had not passed out of the House Judiciary Committee. While Sharp called Public Law 280 'a model for law enforcement on the reservation' in a February House Judiciary Committee hearing, he added that 'Lake County and Lake County's taxpayers, tribal and non-tribal, simply cannot afford to bear the financial burden of Public Law 280 any longer.' No one spoke in support of Sharp's bill. The bill's only opponent, Keaton Sunchild, Chippewa Cree, with Western Native Voice, offered what he called 'soft opposition,' saying the organization would like to see more consultation with the CSKT on the matter. Several lawmakers on the committee noted the lack of testimony from state or tribal representatives, saying their perspectives would help inform their votes. Sharp earlier this session proposed a bill to open parts of the Flathead Reservation to non-tribal landowners, which drew sharp criticism from the CSKT and ultimately failed. In February, Sen. Greg Hertz, a Republican from Polson, introduced his own Public Law 280 bill, which as of March 15 had made its way through the Senate and will be heard in the House. In a February hearing before the Senate Finance and Claims Committee, Lt. Gov. Kristen Juras spoke in support of Senate Bill 393 — a notable departure from the governor's past opposition to Public Law 280 legislation. 'The governor supports a one-time only solution to help with the tribes and the state transition to a solution where both of them can contribute financially to the ongoing costs of enforcement,' she said. When asked if Gianforte would sign Public Law 280 legislation this session, a spokesperson told Montana Free Press the governor 'will consider any bill that makes it to his desk.' Lake County Commissioner William Barron and CSKT secretary Martin Charlo also supported Hertz's bill in testimony before the committee. Sen. Jonathan Windy Boy, Chippewa Cree, and whose district overlaps with six counties and three reservations, criticized the bill on the Senate Floor, calling it unfair. 'What about the other 55 counties?' he asked. 'What about the other six tribes?' SB 393 does not yet contain a fiscal note prepared by the governor's budget office that would estimate its price tag. But Hertz said the funding level will be determined by the House. '[Between] $5-7 million is the range,' Hertz told MTFP. 'That's what the governor's office talked about.' In their testimonies, both Sharp and Hertz alluded to the possibility of Lake County withdrawing from the Public Law 280 agreement. If the county were to withdraw, Hertz said the state would assume jurisdiction and could end up spending $100 million to build new facilities and establish new police forces. Rep. Shelly Fyant, citizen of the CSKT, told MTFP she would not support Sharp's bill but will likely carry Hertz's bill on the House floor. Fyant said the tribe and Lake County have been collaborating on SB 393. 'This is the most I have seen them work together [the CSKT and the county] on this issue,' she said. Even with this collaboration and Juras' support, however, Hertz said he thinks his bill has 'a 50-50' chance of crossing the finish line. This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state's 2025 legislative session
Yahoo
13-03-2025
- Yahoo
Judge rules Minnesota can prosecute marijuana crimes on reservations even after legalization
The Mahnomen County Courthouse in 2023. (Max Nesterak/Minnesota Reformer) A Minnesota district court judge ruled that the state may prosecute Native Americans on most reservations for possessing large amounts of marijuana, allowing a felony case against a White Earth man to proceed. The ruling is the first — though likely not the last — to address state law enforcement's jurisdiction over marijuana in Indian Country since Minnesota legalized its recreational use in 2023. Todd Thompson, a White Earth citizen, faces a felony possession charge with a maximum sentence of five years in prison and a $10,000 fine for selling marijuana without a license 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. 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. The judge, in a ruling issued earlier this month, disagreed. He wrote that the possession of 'non-personal, non-recreational amounts of marijuana in public is generally prohibited,' and that just because the state may issue licenses to businesses to sell marijuana, doesn't mean it's only a regulatory matter. He pointed to a case in which a White Earth man was convicted of possessing a pistol without a permit on tribal land. 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. Again, the judge disagreed, pointing out that even Thompson acknowledged marijuana was not used in a ceremonial way in the 1800s, and that treaties guarantee rights to tribes, not individuals. Minnesota's law does not limit the White Earth Nation's right to regulate marijuana on their land, the judge wrote. Thompson, through his attorney, said the ruling was 'disappointing, but not surprising.' 'Exercising my rights should not be controversial or complicated. But once again, the state has failed to respect our sovereignty, our constitution, our own rule of law that has existed since long before the state of Minnesota even existed,' Thompson said. Thompson's attorney said they are considering their avenues for appeal. Complicating matters is the fact that criminal cases can typically only be appealed after a conviction, which means Thompson could be forced to go to prison before being able to appeal the judge's ruling. The potential conviction of a Native American man for selling marijuana without a license would seem to cut against one of the central arguments Minnesota Democrats made in favor of legalization, which was to undo racial disparities in marijuana charges. State Democrats even mandated that a certain number of licenses be set aside for so-called social equity applicants who have been disproportionately affected by the War on Drugs. Even so, in the interest of public safety, state lawmakers maintained criminal penalties for possessing large amounts of cannabis or selling it without a license. Thompson flouted those requirements in a direct challenge to state and tribal regulations. Like many Native people, he says he doesn't believe Public Law 280 is legitimate. He also says the White Earth tribal council — which voted just days before the state cannabis law took effect to legalize adult-use cannabis and sell it from a tribal-run dispensary — overstepped its authority in establishing rules on cannabis sales. This isn't the first time Thompson has publicly taunted law enforcement in order to assert tribal sovereignty. In 2015, he was cited for illegally gillnetting on Gull Lake without a permit. Thompson fought the charges, which were ultimately dropped years later after a district court judge ruled that Thompson retained fishing rights on Gull Lake as a citizen of the White Earth Nation. Thompson also successfully fought a citation by the state Department of Natural Resources for illegally harvesting wild rice on Height of Land Lake in 2023. Prosecutors initially dropped that case in 2024 but refiled it last August, right before ricing season. Thompson argued the timing and delay was malicious, and on Wednesday, Becker County District Judge Michelle Lawson agreed. She dismissed the ricing case, ruling that prosecutors unnecessarily delayed bringing the case, which caused Thompson to miss two seasons of harvesting wild rice out of fear of further incidents with law enforcement.
