About three months ago, law enforcement officials raided Todd Thompson’s tobacco shop in Mahnomen County, seizing approximately seven pounds of cannabis, $3,000 in cash, his cell phone, and surveillance system. The raid occurred on August 2, the day after recreational marijuana became legal in the state. Thompson, a member of the White Earth Nation, did not possess a state permit to sell cannabis and lacked approval from the tribal council, which had recently voted to allow adult-use cannabis. Despite the raid, no charges have been filed, and Thompson contends that he has the right to sell marijuana on the reservation based on tribal constitutions and U.S. treaties.
Thompson and other tribal members openly advertised marijuana for sale on Facebook, prompting the raid. He believes it was retaliation from the tribal council, which holds a virtual monopoly on legal marijuana sales. Thompson had beaten the tribe to market, offering lower prices and no additional tax. The state’s ability to prosecute Thompson hinges on whether selling cannabis without a license is deemed criminal or civil under Public Law 280, a distinction clarified by a 1987 U.S. Supreme Court case.
Despite the potential legal authority, charging Thompson could be politically sensitive, given Minnesota’s recent move towards more lenient marijuana laws. The new laws aim to address racial justice issues by expunging records of marijuana convictions and providing opportunities for those disproportionately affected by the War on Drugs to enter the cannabis industry. Thompson’s case raises questions about jurisdiction, tribal sovereignty, and the timing of White Earth’s regulatory regime.
While state Democrats argue that legalization enhances safety through regulation, Thompson challenges the legitimacy of Public Law 280 and contests the tribal council’s authority to set rules on cannabis sales without a broader tribal vote. Legal experts, including law professor Angelique EagleWoman, express skepticism about Thompson’s interpretation of tribal constitutions. The situation remains unresolved, with the possibility of legal action to reclaim seized property. Thompson asserts that the issue is far from over.
By FCCT Editorial Team
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