Tribal Marijuana Sovereignty Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1416 To protect the legal production, purchase, and possession of marijuana by Indian tribes, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 27, 2019 Mr. YOUNG introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To protect the legal production, purchase, and possession of marijuana by Indian tribes, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Marijuana Sov- 4 ereignty Act of 2019’’. 5 SEC. 2. LEGAL PRODUCTION, PURCHASE, AND POSSESSION 6 OF MARIJUANA BY INDIAN TRIBES. 7 (a) IN GENERAL.—The fact that an Indian tribe, a 8 member of an Indian tribe, or a tribal entity is legally au- 9 VerDate Sep 11 2014 18:12 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1416.IH H1416 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1416 IH thorized to produce, purchase, or possess marijuana on 1 lands held in fee by that Indian tribe, lands held in trust 2 by the United States for the benefit of that Indian tribe, 3 or lands conveyed to an Alaska Native Corporation pursu- 4 ant to the Alaska Native Claims Settlement Act (43 5 U.S.C. 1601 et seq.), shall not be considered when— 6 (1) allocating or distributing Federal funds or 7 other Federal benefits to the Indian tribe, a member 8 of an Indian tribe, or the tribal entity; 9 (2) determining the eligibility of the Indian 10 tribe or the tribal entity for any contract, grant, or 11 other agreement with the United States, or the re- 12 newal or modification thereof, where the legal pro- 13 duction, purchase, or possession of marijuana by the 14 Indian tribe or a member of an Indian tribe would 15 otherwise disqualify the Indian tribe from eligibility; 16 (3) evaluating the ongoing compliance of the 17 Indian tribe or the tribal entity with any contract, 18 grant, or other agreement with the United States 19 where the legal production, purchase, or possession 20 of marijuana by the Indian tribe or a member of an 21 Indian tribe would otherwise result in the Indian 22 tribe or tribal entity being out of compliance; and 23 (4) determining if the Indian tribe or a member 24 of an Indian tribe is eligible for Federal benefits for 25 VerDate Sep 11 2014 18:12 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1416.IH H1416 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1416 IH which the Indian tribe or a member of an Indian 1 tribe would otherwise be eligible. 2 (b) CLARIFICATION.—This section shall not prohibit 3 consideration of income from the legal production, pur- 4 chase, or possession of marijuana to the same extent that 5 the other legal income would be considered when allocating 6 or distributing Federal funds or determining eligibility for 7 Federal benefits. 8 (c) DEFINITION.—For purposes of this section: 9 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 10 means those entities described in section 4(e) of the 11 Indian Self-Determination and Education Assistance 12 Act of 1975 (25 U.S.C. 5304). 13 (2) TRIBAL ENTITY.—The term ‘‘tribal entity’’ 14 means— 15 (A) tribal organizations as defined in sec- 16 tions 4(l) of the Indian Self-Determination and 17 Education Assistance Act of 1975 (25 U.S.C. 18 5304); 19 (B) tribally designated housing entities as 20 defined in section 4(22) of the Native American 21 Housing Assistance and Self-Determination Act 22 of 1996 (25 U.S.C. 4103(22)); or 23 (C) Indian-owned businesses and tribal en- 24 terprises as defined in sections 3(5) and 3(8) of 25 VerDate Sep 11 2014 18:12 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1416.IH H1416 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1416 IH the Native American Business Development, 1 Trade Promotion, and Tourism Act of 2000 (25 2 U.S.C. 4302(5) and (8)). 3 (3) LEGALLY AUTHORIZED.—The term ‘‘legally 4 authorized’’ means permitted under the laws of— 5 (A) the United States; 6 (B) the State where the lands held in fee 7 by an Indian tribe or held in trust by the 8 United States for the benefit on behalf of that 9 Indian tribe are located; or 10 (C) an Indian tribe. 11 SEC. 3. RECOMMENDATIONS OF IHS MEDICAL PROFES- 12 SIONALS REGARDING MARIJUANA. 13 (a) IN GENERAL.—Notwithstanding any other provi- 14 sion of law, IHS medical professionals are authorized to 15 make medical recommendations to their patients with re- 16 gard to marijuana and to complete forms reflecting such 17 recommendations. 18 (b) DEFINITIONS.—In this section: 19 (1) The term ‘‘IHS medical professional’’ 20 means a physician or other health professional fur- 21 nishing services through an Indian health program 22 (as defined in section 108(a)(2) of the Indian Health 23 Care Improvement Act (25 U.S.C. 1616a(a)(2))). 24 VerDate Sep 11 2014 18:12 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1416.IH H1416 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1416 IH (2) The term ‘‘recommendations’’ does not in- 1 clude dispensing (as defined in section 102 of the 2 Controlled Substances Act (21 U.S.C. 802)). 3 Æ VerDate Sep 11 2014 18:12 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1416.IH H1416 pamtmann on DSKBFK8HB2PROD with BILLS