Friday, August 19, 2016

Northern Cheyenne could test South Dakota cannabis, abortion restrictions

A 1986 amendment to federal law allows tribes to acquire off-reservation land to serve the needs of its peoples. A court case upheld these tribal rights. The Arizona Republic explains:
Luis Plascencia, an assistant professor at Arizona State University, questioned the states-rights argument. "When states joined the union, they agreed to be a state, political entities authorized by the federal government," Plascencia said. "States are given power but it doesn't make them independent of the United States of America the same way cities are not independent.
The Fort Peck Tribes in occupied Montana have legalized therapeutic cannabis and the Northern Cheyenne have been mulling the concept. The Northern Cheyenne own land near Mato Paha (Bear Butte) in western South Dakota considered "non-contiguous" reservation land.
The 2016 resolution approved by a majority vote of the Council, but awaiting signature of the Tribal President and BIA approval would: rescind Resolution DOI-009 (2015) in its entirety and allow Economic Development activities to be established on this tribal property and approve the Northern Cheyenne Development Corporation to develop and implement economic development activities on the Bear Butte property on behalf of the Northern Cheyenne people, Tribe and its members. [Native Sun News]
As co-owners of Pe'Sla the Minnesota-based Shakopee Mdewakanton Nation could bring that state's medical cannabis and reproductive rights freedoms to the Black Hills. Tribes want that ground to go into federal trust.

South Dakota has charged non-natives with providing the means for a cannabis resort within the Flandreau Santee Sioux Nation and passed an anti-civil rights law that seeks to restrict the number of abortions performed in the state by imposing a waiting period and a prior consult from a non-medical religious organization.

It is time to test South Dakota's jurisdiction over nations where cannabis is legal and for tribal medical professionals to establish clinics that perform abortions on these non-contiguous parcels as islands of health care that supersede state law.

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