The Confederated Tribes of Warm Springs tribal membership approved a referendum on December 17, 2015 to own and operate a cannabis production, processing, wholesale and retail sales of these products. The referendum also authorized the production, sale, wholesale and retail sale of industrial hemp for future development.
These activities will be highly regulated through licensing requirements and a tracking system that will track the products from seed to sale to ensure they are sold only at approved outlets for off reservation use.
Purpose of Cannabis Economic Development Project
This project will promote tribal employment opportunities, serve as a source of revenue and diversify the Tribal economy. The Cannabis Project will create much needed jobs on and off the reservation for Tribal members.
Summary of the Cannabis Economic Development Project
To develop a 100% Tribally owned, operated, and regulated Tribal cannabis cultivation (growing) and extraction (extract oils from plant) facility for recreational cannabis and hemp on the reservation with sales only allowed off reservation at tribally owned and operated retail stores within the state of Oregon. Currently, medical and recreational cannabis is legally sold to adults over the age of 21 throughout the state of Oregon. This project will be operated in a highly regulated, secure, safe and controlled indoor growing facility that reflects the culture of our environmental responsibility as stewards of our land.
Federal Policy Compliance
With the release of the Cole and Wilkinson Memoranda in 2013 and 2014 respectively, the U.S. Department of Justice announced a programmatic policy for its enforcement of the Controlled Substances Act as it relates to marijuana cultivation, use, possession and sales. While reserving ultimate federal authority, the Department of Justice will exercise its discretion not to prosecute cultivation and retail sales of medical or recreational marijuana provided a robust state or tribal regulatory system is in place, unless the activity implicates other federal enforcement priority concerns.
Tribal Code and Regulatory Commission
Warm Springs Tribal Code, Chapter 743, establishes the Cannabis Code, the Cannabis Regulatory Commission, and authority for licensing and issuing permits, collecting fees, establishing regulations to implement the Cannabis code and to protect public health and safety. Warm Springs Tribal Code, Chapter 744, establishes the Hemp code and regulations.
CTWS and State of Oregon – Intergovernmental Agreement
The intent is to coordinate the regulation of production, processing, sale and possession that recognize the independent regulatory and enforcement obligations of each sovereign.