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Attorney General

Justice Department won't prosecute pot sales on reservations, even in states that ban it

The Justice Department will instruct U.S. attorneys to allow pot sales on Native American reservations in guidance to be released today, according to two federal prosecutors.

The Justice Department guidance will say that tribes should not be prosecuted for growing and selling marijuana on reservations, even in states that ban pot, the Los Angeles Times reports. The story is based on information U.S. Attorney Timothy Purdon of North Dakota, who chairs the Attorney General’s Subcommittee on Native American Issues, and U.S. Attorney John Walsh of Colorado.

To avoid prosecution, tribes will have to follow guidelines that bar pot sales to minors and prohibit transportation of marijuana to areas where it is banned. The tribes will also have to have a robust regulatory system.

Tribes that want to ban marijuana in states where it is permitted, on the other hand, will have legal backing from the Justice Department, Purdon told the newspaper.

Walsh told the Los Angeles Times that the primary purpose of the guidance is to reinforce that federal prosecutors still have the authority to prosecute marijuana felonies on reservations that want to ban pot, despite a 2013 Justice Department decision to generally refrain from marijuana prosecutions in states that have legalized it.