The Round Valley Indian Tribe sued the sheriffs of Mendocino and Humboldt counties, along with the California Highway Patrol, late last month, claiming officers illegally raided cannabis cultivators on their reservation.
The complaint names three tribal members as plaintiffs and alleges law enforcement raids have “terrorized” the community. One of the plaintiffs, April James, is described as a grandmother who grows medicinal cannabis to treat her arthritis and a degenerative disc disorder.
Police allegedly showed up at her property with guns drawn while her 5-year-old grandson was home. The lawsuit says deputies used a tractor to destroy her marijuana plot and never presented a warrant.
According to Katherine Florey, a law professor at the University of California, Davis, county and state police in California are allowed to enforce criminal law on tribal territory under Public Law 280, a federal law enacted in 1953. But, she notes, authorities in the state cannot enforce civil or regulatory law on reservation land.
“The question here with cannabis, and this often becomes an issue with Public Law 280, is what is a criminal law and what is merely a regulatory law,” Florey said.
She explained that if an activity is predominantly prohibited, then it is considered a criminal offense, and the state can enforce it.
“But cannabis is a gray area because in states like California, it's obviously widely permitted, but it is not permitted to an unlimited degree,” Florey said. “I don't think that there is a clear answer at this point.”
David Dehnert, an attorney representing the plaintiffs, said his clients were not involved in criminal activity.
“It's just a matter of these law enforcement agencies going onto the reservation and one — violating the tribe's sovereignty,” Dehnert said. "And two — overstepping their jurisdiction.”
The lawsuit claims police told James, one of the plaintiffs, they were enforcing environmental regulations. That action would not be supported under Public Law 280, according to Dehnert.
Mendocino County Sheriff Matthew Kendall did not respond immediately to a request for comment. But he told SFGATE that the Round Valley reservation has become a center for cartel activity.
He warned that without proper law enforcement, the region could become a “Narco state.” He also said his officers target non-tribal people growing cannabis on tribal land and that the raids were legal and requested by Round Valley members.
Growing medicinal marijuana for personal use is permitted by the tribe.
The lawsuit seeks an injunction against further raids by non-tribal law enforcement and requests damages.
