Minnesota Judge Rules State Can Prosecute Native Americans for Marijuana Possession on Reservations
A Minnesota district court judge has ruled that the state can prosecute Native Americans for possessing large amounts of marijuana on most reservations, despite the state’s legalization of recreational cannabis use in 2023. The ruling comes in a felony case against Todd Thompson, a White Earth tribal member, who faces up to five years in prison and a $10,000 fine for selling marijuana without a license from his tobacco store on the White Earth reservation.
Thompson’s attorney argued that the state lacks jurisdiction to prosecute him, citing Public Law 280, which gives the state the power to prosecute tribal members on certain reservations for criminal acts, but not civil or regulatory violations of state law. However, Judge Seamus Duffy disagreed, ruling that the possession of non-personal, non-recreational amounts of marijuana in public is generally prohibited, and that the state’s legalization of cannabis does not mean it is only a regulatory matter.
Thompson also argued that prosecuting him for possession of cannabis violates his rights under the 1855 Treaty with the Ojibwe, which guarantees the Ojibwe usufructuary rights to hunt, fish, and gather on ceded lands. However, the judge disagreed, stating that treaties guarantee rights to tribes, not individuals, and that Minnesota’s law does not limit the White Earth Nation’s right to regulate marijuana on their land.
The ruling is the first of its kind since Minnesota legalized recreational cannabis use, and is likely to be appealed. Thompson’s attorney said they are considering their options, including appealing the ruling after a conviction. The case highlights the ongoing tensions between state and tribal authorities over jurisdiction and sovereignty, particularly in the context of cannabis legalization.
Thompson’s case is also notable for his history of challenging state and tribal regulations, including a 2015 citation for illegally gillnetting on Gull Lake and a 2023 citation for illegally harvesting wild rice on Height of Land Lake. In both cases, Thompson successfully fought the charges, arguing that he retained fishing and gathering rights as a citizen of the White Earth Nation.
The ruling comes as a disappointment to many who had hoped that cannabis legalization would help to address racial disparities in marijuana charges. However, the state’s decision to maintain criminal penalties for possessing large amounts of cannabis or selling it without a license has led to cases like Thompson’s, which highlight the ongoing complexities and challenges of cannabis regulation in Indian Country.
