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Native Americans,
Administrative/Regulatory

Jun. 6, 2018

Cannabis regulation and tribal sovereignty: Why not both in California?

California’s Bureau of Cannabis Control force upon tribes a Hobson’s choice: waive sovereignty in order to participate in the commercial cannabis economy, or maintain sovereignty but be excluded from this growing market.

Blaine I. Green

Partner
Pillsbury Winthrop Shaw Pittman LLP

Email: blaine.green@pillsburylaw.com

Blaine leads the firm's Native American Law practice, representing tribes and companies doing business with tribes.

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Kevin J. Ashe

Associate
Pillsbury Winthrop Shaw Pittman LLP

Email: kevin.ashe@pillsburylaw.com

Kevin advises clients on environmental and land use issues involved in the planning, financing and acquisition of large-scale development projects, including transportation projects, mixed-use developments, and renewable and traditional energy facilities.

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Cannabis regulation and tribal sovereignty: Why not both in California?
A dispensary employee stocks a display case in Oakland, Feb. 16, 2018. California's recreational cannabis regulations force upon Native American tribes a Hobson's choice: waive sovereignty in order to participate in the commercial cannabis economy, or maintain sovereignty but be excluded from this growing market. (New York Times News Service)

As a matter of state law, since Jan. 1 of this year, Californians are allowed to grow, purchase and possess marijuana for recreational use. But the state's new legal framework for the recreational cannabis industry has left out some groups: notably, the state's more-than-100 sovereign Native American tribes.

Rather than respecting tribal sovereignty -- the tribes' authority to adopt their own laws and be governed by them -- Californi...

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