Tuesday, February 17, 2015

Eric Holder Legacy: Pinoleville Pomos Evicting Residents To Build POT FARM

Who said Marijuana isn't harmful?

The Pinoleville Pomo Nation in California is trying to remove people from several residences on the reservation, apparently to make way for a medical marijuana farm.

Melody Marshall has lived on the reservation for 20 years and was offered $3,000 to move. A tribal attorney apparently told her the land is needed to build structures for the $10 million marijuana farm.

“They want that land so bad they can taste it,” Marshall told The Ukiah Daily Journal.

Marshall said the tribe is also looking at eight to nine other residences. But the Journal wasn't able to secure a comment or confirmation from the attorney.

Marshall is a member of the Hopland Band of Pomo Indians. She is not a member of the Pinoleville Pomo Nation and doesn't own the land where the house is located -- she leases it from the tribe and was told eviction proceedings would begin if she didn't accept the $3,000 offer.

Marijuana remains illegal under federal law. But the Department of Justice issued a policy late last year that could allow for legal marijuana in Indian Country.

The Pinoleville Pomo Nation is working with Foxbarry Companies, a firm with experience in Indian Country, and another partner on the medical marijuana project.


Anonymous said...

That's greed no caring political payoffs

Anonymous said...

drugs,embezzlement,skimming money and getting rid of people to make your cut bigger. the new gaming Mafia only this time the government isn't trying to enforce the law its helping them run it.

Anonymous said...

isn't reservations on federal land and doesn't federal law proceed state law.

Reinstatement_Restitution said...

To Melody Marshall:

Does the Pinoleville Pomo Nation have its own security? I don't think they can enforce an eviction without one. And if they are using the local sheriffs to enforce tribal law then they are open to a legal challenge.

Local law enforcement does not have any jurisdiction to enforce tribal law, and in fact they would be transgressing on tribal sovereignty of they tried to evict someone on a reservation. Since you are not a tribal member, you are not subject to the laws of the Pinole Pomo tribe. You are in a unique position where you might be able to legally resist any eviction order based on your rights as a member of a different tribe. As a non-member on the reservation you are not subject to any of their laws. You could even take the $3000 and squat if you like.

What are they going to do? If the sheriff's department tries to enforce an eviction order you could have a signed declaration prepared by your lawyer stating that you do not recognize their jurisdiction on the reservation and that they must serve you with notice that they have jurisdiction. If the tribe tries to evict you could have a signed declaration prepared by your lawyer that says you do not recognize their jurisdiction over you since you are not a tribal member and that they must serve you notice proving they have jurisdiction.

These are the kinds of legal tests we need to rein in the tribal leaders. The tribe does have control of the land, but if you have a lease you do have some rights.

Then you could tie them up in court for awhile if you have the resources. The judge will have a fine time figuring this one out and all the while you could tell them no one has jurisdiction over you. Live there for free while they fight it out. Their greed makes them a target and you should benefit.

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