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SALT LAKE CITY — The U.S. Attorney's Office for Utah plans to hold another round of talks with American Indian tribes in the state over a new memo dealing with marijuana.
The Department of Justice memo made public this week could open the door to legalization of marijuana on lands belonging to federally-recognized tribes. However, any tribe seeking to capitalize would be subject to the same conditions required in states that have decriminalized the drug.
In response to an emailed request for comment, U.S. Attorney's Office spokeswoman Melodie Rydalch said it has been several years since the issue was brought up here.
"We have not had any recent conversations with the Utah tribes on this subject, but we anticipate revisiting this issue in the near future," Rydalch said.
Tribes generally have autonomy over their own sovereign lands but violations of federal law on American Indian reservations are the responsibility of the FBI and Bureau of Indian Affairs.
The memo notes marijuana remains a controlled substance under federal law. That means it is unlawful in the eyes of federal agents to possess it, even where states have authorized recreational use.
It is still very clear that it's illegal to possess, to cultivate, transport, to distribute any controlled substance.
–Cpt. Tyler Kotter, Utah Department of Public Safety
Any tribe in Utah wanting to legalize marijuana would face some significant challenges. Transporting marijuana off reservation lands would violate state law.
"It is still very clear that it's illegal to possess, to cultivate, transport, to distribute any controlled substance," Utah Department of Public Safety Cpt. Tyler Kotter said.
Utah Highway Patrol troopers have already faced the issue of how to handle marijuana offenses rising from other areas where it has been legalized. Kotter said motorists stopped in Utah and suspected of possessing marijuana have at times claimed to have purchased it legally in Colorado or elsewhere.
"You're not in Colorado, you're not in California, you're in the state of Utah and here it's illegal to do what you're doing," Kotter said.
That means marijuana cultivated on a Utah reservation could not be legally transported over state highways.
It is not immediately clear which, if any, Utah tribes might wish to allow marijuana on their lands.
