Source: burnettcountysentinel.com
WEBSTER––Last week the St. Croix Chippewa Indians of Wisconsin filed a lawsuit in the U.S. District Court for the Western District of Wisconsin.
“The St. Croix Chippewa Indians of Wisconsin, a federally recognized American Indian tribe in northwest Wisconsin, sued the State of Wisconsin’s top law enforcement official, Attorney General Brad Schimel, based on threats of criminal prosecution and State interference in the Tribe’s hemp and cannabidiol (“CBD”) control program,” said the St. Croix Tribe in a press release.
Last November the Tribe adopted a comprehensive control program for hemp and CBD. CBD is a hemp extract that is widely recognized for its medicinal value especially in the treatment of childhood epilepsy.
“The Tribe is extraordinarily disappointed with the actions of State Attorney General Schimel,” said Elmer J. Emery of the St. Croix Tribal Council.
“Governor Walker and State legislators have shown incredible leadership on hemp and medical CBD issues which are now legal and regulated in Wisconsin. The Attorney General’s threats against our Tribe for taking the exact same action in legalizing hemp and CBD are simply out of step with the State’s own legalization efforts.”
In their press release the Tribe points out that Wisconsin is one of 32 states that have legalized hemp and one of 16 where CBD is legal at the state level. They also adopted a program that mirrors the state program.
“Unfortunately, the Tribe is forced to take legal measures in order to head off any
prejudicial law enforcement action threatened by the State Attorney General that would serve to undermine our tribal sovereignty and lawful hemp and CBD business operations,” said Jeff Cormell, General Counsel for the Tribe. “The Tribe has been fully transparent with its hemp program and expected impartiality, and a fair-handed approach from the State Attorney General. The Tribe requested government-to-government consultation on two separate occasions, and even approached the Attorney General with a proposed Memorandum of Understanding—all of which the Wisconsin Attorney General rejected in favor injudicious threats of State law enforcement action against our tribal hemp program. Attorney General Schimel left the Tribe no option but to take him to Court.”
According to a fact sheet provided by the Tribe, hemp by law contains less than .3 percent THC. THC is the psychoactive part of the cannabis plant. CBD is one of many non-psychoactive compounds in cannabis. It has been recognized for medical and therapeutic purposes.
The Tribe’s Hemp Ordinance legalizes hemp cultivation processing. It also creates a comprehensive control program on the reservation and will create a regulatory body. The Tribe is also creating a tribally owned and operated business for the producing hemp products like hemp oils, including CBD for commercial sales.
On the Federal level, the 2014 Farm Bill created the foundation the hemp regulations, most notably by distinguishing industrial hemp and marijuana based on a THC percentage of .3 percent.
In 2017 Congress passed hemp protections in Consolidated Appropriations Act, which states federal law enforcement agencies like the U.S. Department of Justice and the Drug Enforcement Administration from interfering with the Farm Bill, including production, transportation, sale and use of compliant hemp products.
At the state level, “Wisconsin’s hemp and CBD laws do not address tribal participation in State hemp and CBD programs,” the press release said. “Wisconsin is a Public Law 280 state, meaning the State of Wisconsin has criminal enforcement over most tribes located within the state, but no civil-regulatory authority on tribal lands.”
The Tribe reiterated the tribal-owned hemp business will not cultivate marijuana, but will grow genetic hemp clones. This cultivation method ensures compliance with state and federal laws, including that all hemp oil produced has zero psychoactive effect.
“The Tribe’s hemp program has the support of the local county government, and will be a significant job and revenue creator in one of the poorest regions of the State,” said Councilman Emery. “The Tribe is more than capable of regulating hemp on tribal lands. The Tribe created a regulatory body to oversee implementation of the hemp program. We also have a tribal law enforcement system comprised of eight full-time officers with two K-9 units, and a tribal court system that hears a variety of cases invoking tribal and some federal law.”
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