Tribal MJ Advisory

Tribal Marijuana Advisory Services

Medical use of marijuana (a/k/a cannabis) is legal to various degrees under state law in 35 states. Adult recreational use is legal in Colorado, Washington, Oregon, and Alaska. Marijuana remains a Schedule 1 controlled substance under federal law whose possession, manufacture, and use remains illegal for virtually all purposes. However, the U.S. Department of Justice (DoJ) issued formal guidance in 2013 that individuals and entities engaged in marijuana businesses would be a low prosecution priority so long as they operated with state regulatory schemes and did not threaten one of eight listed enforcement priorities (the “Cole Memorandum”). In December 2014, Congress passed budget legislation denying funding for federal prosecution of activities legal under state medical marijuana programs. On October 28, 2014, DoJ issued a policy statement declaring that the Cole Memorandum applies to sovereign Indian Nations.

The evolution of marijuana regulation in the U.S. is driven by scientific evidence that marijuana and its components are effective medicine for many debilitating medical conditions, and growing awareness that the risks of marijuana use are lower than previously thought. This is not news for some tribes for whom marijuana was a traditional medicinal herb.

Cultivation of marijuana, manufacture of marijuana-derived products, and sales on tribal lands represents an economic development opportunity for sovereign Indian Nations. However, the regulatory and business concerns with tribal marijuana are complex and different from other tribal enterprises, including gaming and tobacco. Jason Marks Law LLC offers advisory services to tribal governments and business development corporations, including advising on effects/limits of federal, state, and tribal laws; development of appropriate regulatory schemes through ordinances and codes; and analysis of potential markets. Jason Marks Law LLC can assist tribal government in deciding whether involvement in the evolving marijuana market is right for a tribe, and in drafting and implementing regulations that minimize risks and maximize benefits.

Jason Marks is a summa cum laude graduate of the Univ. of N.M. School of Law. He represents the trade association of N.M. medical cannabis producers, as well as several individual entities and patients. He is co-chair for the July 2015 Medical Marijuana in N.M. legal conference and an invited speaker for the June 2015 Marijuana on Indian Lands conference in Scottsdale, AZ. Mr. Marks’ practice includes other regulatory matters, and he is engaged in a project to develop a tribal electric utility. Marks served two terms on the N.M. Public Regulation Commission (state PUC). Prior to becoming an attorney, Marks led a national consulting practice in healthcare finance and regulation.

Heather Townsend has more than a decade of experience in tribal economic development, tribal government, and intergovernmental relations. She is a member of San Felipe Pueblo and Zuni Pueblo, and has a B.S. degree from Univ. of N.M. She has previously served as San Felipe Tribal Administrator and as legislative chair for 19 Indian Pueblos.