Is the Santa Rosa Tribe Facing Selective Law Enforcement?
Racial Discrimination?
Political Harassment?
And More?
An editorial by Ernie C. Salgado Jr., Soboba tribal elder, January 2018
In the December 2017 issue of the Soboba Indian Reporter we reported on the federal agents raiding of the Santa Rosa tribe’s marijuana growing business.
Although the Soboba Indian Reporter does not support the legalization of marijuana, the enforcement of the federal statutes on the Santa Rosa Tribal Lands is troublesome.
At issue is the sovereign authority of the tribe versus the federal statues of the United States Government against the legal cultivation and sales of marijuana (cannabis) in California.
FIRST:
Santa Rosa Tribal sovereignty rights would seem to parallel those of the State of California, or at a minimum, those of the counties and cities within California's borders.
With that understood, the question begging to be asked is:
Why is the Santa Rosa Tribe being singled out by the federal agency for enforcement of federal statutes against the cultivation and sales of marijuana while no similar action has been taken against any county or city governments in the State of California?
That's a long question that irks of selective law enforcement at a minimum, and racial discrimination on an historic level.
A FEW HISTORICAL FACTS & FINANCIAL PROJECTIONS:
- Medical marijuana has been legal in California for some 20 years.
- Voters passed the Adult Use of Marijuana Act AUMA in 2016 under California Proposition 64 and legalized the recreational use of marijuana, effective January 1, 2018.
- As of this writing it is legal to purchase marijuana for recreational use in California.
- California's share of the legalized cannabis market is expected to exceed $3.7 billion in 2018, and $5.1 billion in 2019 (according to bdsanalytics.com).
- By comparison, California had $5 billion in beer sales during 2017, according to IBS World -- legal marijuana sales will quickly exceed beer sales!
- There is a lot of money to be made for those investing today in the cannabis industry, including huge tax revenues for federal, state, county and city governments to fight over and divvy up....
On February 7, 2017 Congressional leaders from both parties endorsed H.R. 975 which would decriminalize the cultivation and sales of marijuana in states that have enacted legislation approving such activity.
Moreover, many United States Congressional representatives support State Rights with regards to the enactment of State legislation authorizing the legal cultivation and sales of marijuana.
However, as of this date, the proposed legislation has yet to be voted on by the House of Representatives.
Regardless of the status of H.R. 975, which has been gathering dust since it was propose eleven months ago, the Controlled Substances Act (1971) prohibits the cultivation and sales of marijuana in the United States of American.
It appears that the Trump Administration has adopted the Obama political practices of “Selective implementation of the laws” specifically as it related to state marijuana legislation.
BUT AGAIN THE QUESTION:
Why are the American Indian Governments the only ones prosecuted for violating the Controlled Substances Act?
In Riverside County could it be at the request of Sheriff Stanley Sniff (Facebook) who has demonstrated his total disregard for tribal rights and sovereignty?
Looking beyond the Santa Rose tribal efforts to participate in the economic endeavor of cultivating and selling cannabis the issue of Tribal rights and sovereignty is at the very core of this matter.
To put this issue in proper perspective it must be understood that the State of California has approved legislation for the medical and recreational usage of marijuana within the State.
The legislation allows each of its 58 counties and cities in the State to establish cultivation and sales of cannabis regulations.
AND AGAIN:
Why are the 105 California American Indian Tribes and Rancherias being excluded?
Ernie C. Salgado Jr., Tribal Elder
Soboba Band of Luiseño Indians
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