November 9 2015 Chairmans Notes

Posoh Netaenewemahkenak. On May 7, 2015, the Tribal Legislature, through the open, multi-step Tribal Ordinance process, distinguished and separated Industrial Hemp from marijuana and made it legal to grow Industrial Hemp on the Reservation, so long as it was done in accordance with these Tribal regulations. Industrial Hemp was defined as any strain of cannabis that has less than 0.3% tetrahydrocannabinol (“THC”). Remember, Industrial Hemp does not have THC in an amount where it can be smoked to produce a “high.” In distinguishing Industrial Hemp from other forms of cannabis or marijuana and making it legal on the Reservation, the Tribe was acting in the same manner as 26 states currently do. The Tribe made this distinction between marijuana and Industrial Hemp for a number of reasons, including: 1) There is no reasonable basis to make Industrial Hemp illegal as it has no psychoactive effect (it can’t be smoked to get high) and brings with it none of the stigma associated with marijuana use; 2) Section 7606 of the 2014 Farm Bill (P.L. 113-79) (“Farm Bill”) allowed for institutions of higher education to cultivate Industrial Hemp for agricultural and academic research, making such cultivation legal under federal law. The College of Menominee Nation (CMN), at the MTL’s request to take advantage of the changes in Federal Law, agreed to support the endeavor, signing an MOA on 7/21/15, with an effective date of 6/16/15 until 6/15/16; 3) The policy of the federal government not to enforce its laws related to Marijuana on reservations where it is legal under certain circumstances (the “Cole Memorandum Policy”) fits perfectly with legalization of Industrial Hemp (Hemp is seen as part of the Marijuana plant family so is included in the Cole guidelines) as the lack of any psychoactive effect makes it virtually impossible for cultivation of Industrial Hemp to violate the Cole Memorandum Policy; 4) Industrial Hemp has the potential to bring much needed revenue to the Tribe and its members, and; 5.) Industrial Hemp as an agricultural crop does not need pesticides or herbicides, less water than most other crops, grows well organically and fits best into our Menominee ecological ethic. Based on the change in Tribal law, the provisions of Section 7606 of the 2014 Farm Bill, and reliance on the statements from the United States Attorney for the Eastern District of Wisconsin in full support of the Cole Memorandum Policy, the Tribe planted a test crop of Industrial Hemp. During the course of the summer and fall, the Industrial Hemp crop grew well, and actually exceeded our expectations, proving to us that our soil and growing conditions were ideal for Industrial Hemp. The Tribe was able to gather valuable research related to the best cultivation methods. As the crop grew, the Tribe was in ongoing contact with the United States Attorney’s Office in Milwaukee to keep them informed of the progress of the cultivation and to make clear that the cultivation was legal under the Farm Bill, and did not violate any Cole Memorandum Policy. The Tribe regularly invited federal agents to test the Industrial Hemp at any time if they had concerns regarding the level of THC in the plants. They did not take advantage of our offer. The Tribe specifically stated to the United States Attorney in July that if at any time he made a final determination that he believed the Tribe’s Industrial Hemp was not legal as Industrial Hemp under the Farm Bill and violated the Cole Memorandum Policy, the Tribe would either destroy the crop itself, or go to federal court to ask a judge to make a determination as to the Industrial Hemp’s legality. On October 19, 2015, as a result of an agreement between the Tribe and the federal government, the Bureau of Indian Affairs took samples of the Industrial Hemp plants for testing. On October 23, 2015, despite the fact that no results had yet to be obtained from the BIA Industrial Hemp samples, and despite the fact that the Tribe had not received any final position from the United States Attorney regarding any Cole Memorandum Policy violations, and despite the fact that the Tribe had agreed to destroy any non-compliant plants itself, and would request federal agents to witness and document the eradication, the federal government chose to come in and destroy the Tribe’s Industrial Hemp crop. There were no arrests made before, during or after their raid. Believe me, the tribe had stated its intention to the United States Attorney’s Office, more than once, to disclose publically to the tribal members its Industrial Hemp research project, but the United States Attorney’s Office in Milwaukee had asked that we not disclose publically any information to the tribal member public until the Department of Justice had finalized their position on this issue. We now feel that obligation to provide additional facts and context. This action by the federal government is contrary to the Farm Bill, contrary to the Cole Memorandum Policy and a complete disregard to Tribal sovereignty. States and universities all across the country are engaged in the cultivation of Industrial Hemp without any interference by the federal government. In fact, in Colorado and Washington high grade marijuana is grown and sold openly with no interference by the federal government. Yet when the Menominee Tribe seeks to improve its economy by experimenting with a crop that has no possible negative effect, the federal government uses all its power to invade sovereign lands and at gunpoint destroy Tribal property. The Tribe will be reviewing all its options in response to the unreasonable and unnecessary actions of the federal government. We are confident that the Tribe does have the right to cultivate Industrial Hemp legally pursuant to the Farm Bill and we will seek a Declaratory Judgment from a federal judge regarding this issue. After we are vindicated in the Federal Court, we will again cultivate Industrial Hemp here under our Sovereignty and will have great early research findings regarding best practice to ensure a successful season. Please call me or stop me and discuss anytime if questions or comments. Netaenewemahkenak, Gary Besaw

Gary Besaw

  

Date: 11/9/2015