The marijuana festival known as the Cannabis Cup, scheduled to be held this week on the tribal land known as the Moapa Paiute reservation outside Las Vegas, may be canceled according to a story in theReno Gazette-Journal.
On February 16, U.S. Attorney Daniel Bogden sent a letter to the Moapa Paiute tribe as a reminder that “the transport, possession, use, and distribution of marijuana” violates federal drug laws. The ominous letter was issued eight days prior to an announcement by White House press secretary Sean Spicer, who said there will be “greater enforcement” of federal marijuana laws.
It also comes on the heels of comments from newly seated Attorney General Jeff Sessions (who has been called an “old drug war dinosaur”), and who recently connected marijuana use to violent crime.
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The three-decade old marijuana festival, sponsored by High Times magazine, had been held in Amsterdam until 2013, when the passage of recreational marijuana laws in Colorado and Washington made it possible to bring the marijuana festival to the U.S. It draws up to 35,000 attendees.
Under former President Obama, the Department of Justice relaxed its enforcement of federal drug laws relative to marijuana in the face of growing state legalization, as noted by the Cole Memorandum. Further guidance was issued in December 2014 by Monty Wilkinson, Executive Office for U.S. Attorneys, directed at Indian tribes. Some interpreted the memo as DOJ not preventing tribes from growing or selling pot on their lands, while others were a little more cautious about its ambiguity.
While the letter to the Moapa Paiute appears to contradict both the Cole memo and the tribal guidance memo, language that is consistent to both the letter and the other memoranda emphasizes that nothing in either “alters the authority or jurisdiction of the United States to enforce federal law in Indian country or elsewhere.”
The letter from Bogden states that, “I am informed that the tribal council is moving forward with the planned marijuana event referred to as the 2017 High Times Cannabis Cup because it is under the impression that the so-called ‘Cole Memorandum’ and subsequent memoranda from the Department of Justice permit marijuana use, possession and distribution on tribal lands when the state law also permits it. Unfortunately, this is an incorrect interpretation of the Department’s position on this issue.”
According to the Reno Gazette-Journal article, the tribe is working with the U.S. Attorney’s office in Nevada to resolve the problem. Tribal chairman Darren Daboda was quoted as saying, “To us, we’re looking at it as utilizing our sovereignty.” There was no comment from the attorney’s office.
Last November Nevada passed a recreational weed law, so-called Question 2, that allows people over 21 to possess an ounce. It attaches a fine of $600, however, for smoking or consuming edibles in public.
Daboda also stated that “[t]he tribe is promoting [the festival] as a vendors’ crafts, food and concert event. We’re not promoting the distributor or selling (marijuana).” The event is being headlined by rap star Ludacris, who is known for his pro-pot lyrics.
On their guard, High Times sent out a warning letter to participants of the marijuana festival not to bring any stash with them, and removed the promotion of herbal spas, cooking contests and samplings.
“Vendors, guests, performers and attendees are advised to comply with all local, state, and federal laws regarding the use and distribution of cannabis and cannabis related products. In order for the cannabis industry to continue to earn legitimacy and social acceptance, we understand that rules and laws need to be abided. High Times will continue to stand up for our civil liberties and advocate for our inalienable rights to cultivate and consume cannabis. We urge you to join us,” the letter stated.