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Trump AG Promises to Review Tribes’ Legal Marijuana Sales As Administration Considers Separately Rescheduling

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Credit: Getty Images

On Tuesday, the attorney general of Trump’s administration told Senators that she was committed to reviewing the practices of an Indian tribe in relation to a legal marijuana program they have launched on reservations. She pledged also to review an app flagged by a GOP Senator that connects people with legal cannabis businesses beyond state boundaries.

During a hearing before the Senate Judiciary Committee on Tuesday, Sen. Thom Tillis (R-NC) asked Attorney General Pam Bondi about cannabis policy issues, focusing on the sale of marijuana on Eastern Band of the Cherokee Indians (EBCI) land within his state of North Carolina that he said he has “no problem with” generally—but that he still finds “concerning” with respect to the conflict between state and federal marijuana laws.

There are nearly three dozen US states [have] The senator stated that “either medical, recreational or a hybrid model” of cannabis is available. The Senator said, “This reminds me of the attacks on the tobacco industry for marketing to youth.”

This is what worries me because this is a money making enterprise. He said that it seemed to be preying on young people. The app allegedly allows users in states where cannabis is prohibited to purchase marijuana in legal jurisdictions and pick them up once they cross state borders.

“I presume that they are not delivering outside the border, as I believe that that would be against the law.” “Would that be illegal?” Tillis asks.

Bondi expressed her gratitude to the Senator for “pointing it out”, and added that she had “never heard of that application, which we will look at certainly.”

Tillis asked the attorney general a hypothetical question, asking if it would be illegal federally if marijuana was transported from a North Carolina port, where cannabis is banned, to New York.




“Is that an illegal transportation of a controlled substance—unless it teleports into a legal jurisdiction, wouldn’t it have been illegally transported at some point?” He asked.

Bondi responded: “Based upon federal law [that’s true], senator.”

Are you familiar with teleportation science? Tillis laughed.

The Attorney General replied, “No Senator.”

“There is a grow operation in Western North Carolina which falls under tribal lands.” Tillis explained that he couldn’t figure out a legal way of getting the pot grown in one area to the other, which is not within the same boundaries. “I’m just trying to figure out how the Eastern Band of the Cherokee are legally transporting what they’re growing at scale here to where they’re advertising in Charlotte on the billboards as one of the country’s largest dispensaries—and apparently also offering to let you buy it online.”

“Can I get your commitment within the DOJ—not you personally—but can I just get a definitive answer, that there’s no there-there that they are legally transporting it, or that we do have something here that doesn’t seem to comport with federal law?” He asked.

Bondi responded, “Yes Senator, I’ll have my team examine that problem.” Bondi said, “I’m unfamiliar with this establishment.”

Like I said, this is an island. “I really believe the federal government must step up.” “We need to end this status as neither fish or fowl that marijuana currently has in the United States,” said Senator McConnell. “I think that people have spoken many red states, even your home state—my home state has, I think probably the many states… are trending towards legalizing it.”

We have to solve it at the federal government level. He said, “We’ve got capture revenue.” “This revenue must go back to the federal law enforcement and we should focus more on what I consider unsafe and inconsistent practices in all of our states. If I were to get it, I’d be grateful.

Recent infographics from an advocacy organization representing Native American Tribes within the legal cannabis sector showed that more then a fourth of Indigenous Communities in continental U.S. are involved with marijuana and hemp programs. This includes the Eastern Band of Cherokee Indians.

Tillis also said last month that the federal government needs to “step up” and explore a regulatory framework for marijuana—and that should include a pathway to explore the “efficacy” of cannabis for certain health conditions.

At a separate Judiciary Committee hearing in June, Tillis said opponents of marijuana legalization “have lost” the fight to maintain prohibition and that “it’s time” for lawmakers to address that reality by creating a regulatory framework treating cannabis “in the same way that we do with alcohol and tobacco,” so that states can set their own policies without federal intervention.

Back in February, the senator also raised the issue during a Senate Banking Committee hearing, saying “we should reexamine [federal marijuana laws].” But “we shouldn’t be doing it” by simply passing legislation to prevent federal regulators penalizing banks who work with cannabis-related businesses that are legal in their state.

Bondi, however, declined to comment on how she intended to handle the key issues surrounding marijuana policy during her hearings. As Florida’s Attorney General, Bondi opposed any efforts in Florida to legalize the use of medical marijuana.

Tillis also said last December that he’s hopeful Congress will have a “discussion” about potentially creating a federal regulatory framework for marijuana in 2025, though he added that he personally wouldn’t vote to federally legalize cannabis.

Last year, the senator also said he supports creating a “comprehensive regulatory framework that treats marijuana just like tobacco,” arguing that “the federal government needs to figure out a safe way to allow this market to occur.”

Tillis in April joined Sen. Ted Budd (R-NC) in asking federal, state and local officials what steps they were taking to enforce marijuana prohibition as an Indian tribe prepared to launch recreational cannabis sales on its lands within North Carolina.

Sara Carter, Trump’s nominee to be the White House Drug Czar, said at an earlier hearing that she would keep “all options on the table” as the Administration continues to examine the proposal for marijuana rescheduling. She also described cannabis reform as being a bipartisan issue.

Three GOP senators discussed the impact of  the administration potentially rescheduling cannabis in interviews with MEDCAN24 last with, with two of them describing the move as a “game changer.”

Meanwhile, one of Trump’s longtime advisors, Roger Stone, recently said that his administration has an opportunity to move forward with marijuana rescheduling—or, even broader legalization—in a way that Democrats who regularly tout the reform failed to achieve when they controlled the White House and Congress.

The comments came in response to the president’s social media post late last month where he shared a video that touted the health benefits of hemp-derived CBD, particular for seniors.

The Republican Senate sponsor of a bipartisan cannabis banking bill said recently that Trump rescheduling marijuana would be an “important domino” to advance his legislation.

It remains to be determined whether Trump will ultimately move forward with the rescheduling. Despite his endorsement of the policy change on the campaign trail ahead of his election for a second term, he declined to restate that support when asked about it during a briefing late last month—though he did say a decision would come within weeks.

Philip Steffan is the photographer.

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