Bad River Cannabis Referendum

Whereas,
The U.S. Department of Justice memorandum, dated Oct. 28 2014, titled: Policy Statement Regarding Marijuana Issues in Indian Country indicates that the government will no longer enforce federal marijuana laws on native lands.

Whereas,
Marijuana is classified as a controlled substance. Wisconsin state statutes, chapter 961 provides penalties for possession of any amount, a misdemeanor for the first offence and a felony for a subsequent offence. Sale, delivery, and cultivation are all felonies.

Whereas,
Public Law 280 is a federal law of the US establishing a method whereby States may assume jurisdiction over reservation Indians. This act mandates a transfer of federal law enforcement authority to the state and gives criminal jurisdiction on native lands to the state.

Whereas,
The Bad River Band of Chippewa Indians is a federally recognized sovereign Indian tribe that falls under Public Law 280. Tribal members have been arrested for possession of marijuana and prosecuted in the Circuit Court of Ashland County.

Whereas,
Four states (4), Alaska, Colorado, Oregon, Washington, and the District of Columbia have all passed laws allowing for the personal recreational possession and consumption of cannabis. Twenty Three (23) states and DC have enacted laws to legalize the medical use of marijuana.

Whereas,
Tribal Sovereignty is the inherent authority of tribes to govern ourselves within the existence of a government to government relationship with the US federal government. We are able to decriminalize the use and possession of cannabis just like the above described states.

Whereas,
There are many members who already use cannabis, some recreationally, and many for its proven medical ameliorative and palliative properties. We should allow them the freedom to do so without the negative consequences of an arrest and or conviction record.

Whereas,
Article VII, Section 1 of the Bad River Constitution and Bylaws pertains to referendums. The Tribal Council must act upon a written petition signed by not less than 25 percent of the total number of voters in the last general election.