Shinnecocks explore starting medical marijuana program

The Shinnecock Indian Nation is exploring the prospect of a medical marijuana cultivation and dispensary program, citing federal rules that allow sovereign tribes to offer such facilities if they are compliant with state and federal laws.

The Southampton tribe, which won federal recognition in 2010, is consulting with state and federal health and law enforcement authorities, and an outside financial partner, to determine whether to move ahead with such a facility. Currently, only one such dispensary is planned for Suffolk County, in Riverhead. Another is planned for Nassau.

Consideration of a Shinnecock program follows a U.S. Department of Justice memo in December that eased conditions under which it would enforce marijuana laws on tribal lands. The so-called Cole Memo was interpreted as saying tribes in states that have approved medical marijuana would be free to pursue such programs if they complied with a list of eight enforcement "priorities," including preventing distribution to minors.

Any Shinnecock program also would have to comply with New York's Compassionate Care Act, passed by the State Legislature in June 2014. It legalized use of nonsmokable forms of the drug, including pills, vapors, tinctures and oils for those with specific diseases, including multiple sclerosis, cancer, epilepsy HIV/AIDS and Lou Gehrig's disease.

"Since the Compassionate Care Act became law last year, our tribal leaders -- like many others -- have sought counsel from the U.S. Department of Justice and the State of New York on what this means for a sovereign nation like ours," Bryan Polite, chairman of the Shinnecock tribal trustees, said in a statement to Newsday. "We are continuing to gather information as part of that exploratory process."

He stressed, "No decisions have been made, nor will they be, without the input and approval of the Shinnecock Indian Nation membership."

Tribal programs, including one being considered by the Seneca Nation upstate, would operate in addition to the five registered companies authorized in the state, for which some 20 dispensaries have been approved. Earlier this month, Gov. Andrew M. Cuomo signed an "emergency access law" ordering the state Health Department to register more groups to produce medical marijuana "as soon as practicable."

Experts have advised the tribe that a medical marijuana program could employ up to 50 people directly -- with secondary jobs pushing that number to 80 to 100 members -- and provide needed revenue for tribal government, health care, education and other services.

Because the Shinnecocks are considering cultivating medical marijuana as well as dispensing it, the tribe is exploring the need for a highly secure facility on the 800-acre Southampton reservation, including a beefed up security force, eight-foot fencing around a secure indoor growing facility, and employee background checks.

If all goes as planned and tribal members approve, the Shinnecock Nation could open such a facility in about eight months. Revenue from the program could be substantial for approved entities. Around 125,000 people could qualify for medicinal marijuana statewide, with each patient spending around $400 a month, according to estimates provided to the tribe. For the Shinnecock Nation, the need for increased revenue has become increasingly acute since a series of roadblocks stalled its plans for one or more gambling casinos two years ago.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.