‘Marijuana’ definition changed, making Benally’s product illegal
WINDOW ROCK
Somewhat reluctantly, the Navajo Nation Council last Thursday approved legislation changing the definition of “marijuana” to cannabis that has any amount of the psychoactive substance THC. Marijuana is illegal on the Navajo Nation.
Previous legislation defined cannabis as hemp unless it had more than 0.3 percent THC. “This legislation is a result of the issue we are facing here in the Northern Agency,” said the bill’s co-sponsor, Eugenia Charles Newton, referring to the massive hemp operation run by San Juan River Farm Board President Dineh Benally until it was shut down by a court injunction last week.
“It’s changing the definition of marijuana (which is illegal on the Navajo Nation) and also the possession,” she said. The legislation amends Title 17 to define marijuana as “all parts of the plan Cannabis sativa L … whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, moisture, or preparation of such plant, its seeds or resin, containing any amount of delta-9 THC.“
Since even non-psychoactive hemp contains trace amounts of THC, the bill would seem to shut down any kind of cannabis production. However, it does allow a loophole for growing hemp: “Such term does not include any part of the plant … of not more than 0.3 percent on a dry weight basis produced or delivered in strict compliance with an industrial hemp regulatory system approved by the Council or its designee.”
Law and Order Committee member Edmund Yazzie motioned to table this legislation until more research could be made, but the motion failed. “There is a lot of questions on the legislation,” said Yazzie. “We need to have a proper guideline. There’s future economic development in this (hemp) as well, if it’s done the right way. If we vote on this, it shuts down the medicine that needs this product. Then it shuts down the economic development such as the study NAPI is planning to do.”
Chief Legislative Counsel Dana Bobroff said this legislation would not harm the Navajo Agriculture Product Industry’s and New Mexico State University’s hemp pilot project, since it was already approved by Council.
Budget and Finance Committee Chair Jamie Henio was concerned that this legislation was a reaction to Benally and his production, and could ruin any possible future hemp cultivation endeavors. “It seems like we are doing this one legislation to punish one person and that is what we are focused on and what is currently happening,” said Henio. “Potentially it might come back to bite us legally. I would appreciate future cultivation and not what is happening now.”
Attorney General Doreen McPaul explained this legislation’s initial intent was to provide a tool for the prosecutor’s office, courts, and public safety to address the issue with the definition of marijuana.
A preliminary injunction and temporary restraining order were placed on Benally’s network of about 36 farms identified throughout Northern Agency until a hearing can take place on a permanent injunction. “Even with the preliminary injunction and temporary restraining order that prohibits the activity that is happening there now, even the court’s order is being disregarded and ignored,” said McPaul. “This legislation won’t solve those problems.”
Resources and Development Committee member Mark Freeland went back to discussing the revenue that hemp could bring to the Navajo Nation.
He said they need to prepare for the economic future of the Navajo Nation, and when Kayenta Mine and the Navajo Generating Station closed, Council and President Jonathan Nez should have been in unison to come up with an economic plan. “If we talk about new revenues hemp has that potential to drive new revenues in taxes,” said Freeland. “I thought the NAPI experiment could lead us to that avenue of economic potential.”
Budget and Finance Committee member Amber Crotty asked the rest of the delegates to support the legislation even though it is not perfect, saying it can be adjusted to create regulations and enforcement later on when need be.
“The violence and the escalation … I can forward texts, photos, voicemails, anything a delegate needs to believe that right now communities, homes, they do not feel safe,” said Crotty. “This has magnified their vulnerability to protect themselves, their children.” She also asked how much money the Navajo Nation has generated from hemp, since delegates were concerned about future economic development.
Navajo Nation Chief of Police Phillip Francisco has stated before that police could find no business license and no records of employment payments or taxation connected to the hemp farm.
The bill passed 16-5 and as of Tuesday the president’s office hadn’t received the resolution.
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