Shinnecock Nation To Grow Medical Marijuana And Build Dispensary On Reservation

Robert Celt

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The Shinnecock Indian Nation will grow and process medical marijuana, as well as build a dispensary on reservation land by the end of the year, pending approval from the state, tribal officials said this week.

The tribe's general council on Saturday passed a measure that allows the tribe to pursue state designation as a medical marijuana provider, and also construct both a cultivation facility and a dispensary on the reservation.

The vote was approved 71 percent to 29 percent.

Tribal Trustee Chairman Bryan Polite said the ordinance is "coextensive" with the New York State Compassionate Care Act, meaning that the tribe must abide by state regulations. The law, which was enacted in 2014 and allows medical marijuana use in New York State for certified patients with specifically designated medical conditions, requires that each potential patient has a medical marijuana registry identification card, and mandates that the drug must be dispensed only in liquid, oil or capsule form. The Compassionate Care Act does not permit the use of medical marijuana by smoking.

"It is a vehicle for us to enter into the medical cannabis industry," Mr. Polite said of the tribe's approval of the initiative, adding that the Shinnecocks have been researching the feasibility of growing medical marijuana and distributing the drug since May 2015. "We still have a lot of work to do with coordination and consultation with New York State officials, and once we get that taken care of, we can actually provide medicine to patients who are certified for medical cannabis," Mr. Polite said.

The prospect of operating a medical marijuana facility on Native American lands was made possible by a 2014 federal memorandum, called the Cole Memorandum, which is what first sparked the tribe's interest. The memo explains how the legalization of marijuana in several states affects Native American tribes that would like to establish medical marijuana programs in those states.

It notes several restrictions that tribes must follow on the federal level, including ensuring that the distribution of the drug to minors is prevented, as well ensuring that revenue from marijuana sales does not go to criminal enterprises.

State Assemblyman Fred W. Thiele Jr. said Monday that representatives of the tribe came to his Albany office earlier this month and explained their plans for their medical marijuana project. As long as the Shinnecocks meet the regulations set forth by the Compassionate Care Act, he said, the state cannot deny the tribe approval.

"When you are federally recognized, if something is permitted in the state, you can do it on the reservation also, but you have to follow the same rules," Mr. Thiele noted. "From my perspective, we have made medical marijuana legal in the state and the Shinnecocks have every right to approve this."

The state's medical marijuana program only allows for five applicant organizations to be registered to both manufacture and dispense the drug. However, that does not apply to the Shinnecocks because they are their own sovereign nation, Mr. Thiele said. Although the state has not yet officially approved the project, once the Shinnecocks supply all of the necessary information, "I wouldn't expect it to be a lengthy turnaround from the state," Mr. Thiele said.

Last month, Columbia Care New York opened Suffolk County's first medical marijuana dispensary in downtown Riverhead. It also has dispensaries in New York City, Plattsburgh and Rochester. However, across the entire state, there are only 20 dispensaries, which has been the subject of intense criticism by medical marijuana supporters. Governor Andrew Cuomo only approved New York's medical marijuana program, which is more stringent than those in several other states, with several security stipulations. One of those allows him the authority to close an operation if he deems that it is a threat to public safety.

As part of the tribal ordinance, there will be a cannabis regulatory division to oversee those aspects of the project, as well as a company chartered by the tribe to oversee the construction of the facilities and the entrepreneurial aspects of the project, Mr. Polite said.

Both the cultivation and dispensary facilities, which will measure 32,000 and 1,200 square feet, respectively, will cost millions of dollars to construct. Mr. Polite declined to disclose who would fund the construction of the facility, only stating that it would be a "private investor."

He did note that the complex will meet and even exceed the security protocols detailed in the Compassionate Care Act. To aid in that endeavor, the Shinnecocks have hired Hillard Heintze, an investigation and security risk management company in Chicago, to oversee, advise and draft a security plan for the facilities.

The plan will include three separate zones for security around both the outer and inner perimeters of the property and buildings, and at every door inside the facilities. There will also be two 8-foot tall security fences. Additional security features include access control panels that would be installed on each door in the buildings, and a two-tier identification system requiring that employees punch in a PIN number while the system reviews their biometrics before they enter the facility.

Mr. Polite said the tribe plans to allow a law enforcement agency to have 24-hour access to the security cameras around the facilities, although that agency has not yet been determined. "There is also extensive background checks of our employees," he added.

The Shinnecocks expect that the entire project, which should be completed by the end of this year, will create between 80 and 100 jobs and generate a significant amount of revenue for the tribe. The revenue will ultimately go toward substance abuse prevention and educational programs, tribal officials said.

"Patients who are certified in the Compassionate Care Act will be able to have access to the same quality products that New York State is administering at our pharmacy as well," Mr. Polite said. "The Council of Trustees and the Shinnecock Nation [are] committed to doing this in a responsible way. That is, that could enhance and augment the Compassionate Care Act by allowing more access to those people who need it under the Compassionate Care Act."

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Full Article: Shinnecock Nation To Grow Medical Marijuana And Build Dispensary On Reservation
Author: Alicia Steindecker
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