The Eastern Band of the Cherokee Nation enacted a law to banish individuals who have been convicted of drug dealing according to the Citizen-Times of Ashville on February 7th. This follows similar action over the past three years by western and central Indian Tribes working on ways rid tribal lands of drug dealers.
Under the tribal act; the Controlled Substances Act of 2007, passed by the Tribal Council this week and ratified by Principal Chief Michell Hicks the Tribal police will have a new law to help them in the battle against drug dealers.
Principal Chief Hicks is quoted as saying: “The law shows that the tribe will not shrink from asserting its full legal authority to arrest, prosecute, sentence and remove drug offenders from tribal land.” He continued: “Our communities deserve the protections this law provides. Our police and prosecutors deserve to know that their hard work in obtaining convictions of drug users and dealers will result in incarceration for the offender and exclusion from tribal land. This law is a major step forward for Cherokee, and for Indian country.
The new law takes effect in April 2007. The new law will strengthen the Indian Tribes ability to convict and punish drug dealers on the Tribal lands.
Features of the law include exclusion or banishment of members and non-members on a temporary emergency basis. It automatically provides for banishment of a person who has been convicted of trafficking in a controlled substance.
It makes it a crime to transport any quantity of a controlled substance into the territory of the Eastern Band of the Cherokee Nation.
It provide for tougher sentences for drug crimes when it involves children, guns or people with prior records.
One important element of the law provides treatment options for first time offenders and juveniles.
An article published in the Raleigh News & Observer taken from the Associated Press and attributed to Mike Baker provides similar information about the February 7th announcement.
The articles provides additional information on the Eastern Band and mentions other tribes that have begun their own crackdowns on drugs.
According to the article, the Eastern Band has about 13,500 members and is located on land 50 miles west of Ashville, N.C. near the entrance of the Great Smoky Mountains National Park.
Banished members will still retain their membership in the tribe, though they will not be allowed to enter tribal lands. Sheriff Jimmy Ashe of Jackson, N.C., is quoted as saying: “Drug dealers know no boundaries. We embrace [the law] as a good way for the Cherokee community to impress that they won’t stand for drug dealing.”
Under National Law Indian Nations are limited in their ability to punish crimes committed on Tribal lands. Though the nations are free to enact their own laws, they are limited in the punishments they can impose.
Under law financial and prison penalties are limited in tribal courts. This makes banishment one of the few options for serious offenders.
Another tribe, the Lummi Nation started their war on drugs in 2002 declaring fighting drugs to be a matter of Homeland Security. The Lummi Nation partnered with the FBI to crack down on illegal drug dealing according to SeatlePI.com.
In 2005 Indianz.com reports that the Lummi Nation went further in its battle with drug dealers, burning down a house used to deal drugs with the permission of the owners who were unaware of the drug activity.
Mike Steil of Minnesota Public Radio reported on May 21, 2006 of a similar law enacted by the Upper Sioux Nation in Minnesota. The Upper Sioux live on one of the smallest reservations in the country.
Other tribes reported to have established or considering similar laws are the Chippewa’s of Grand-Portage, Minnesota and the Fallon Paiute-Shosone Tribe in Nevada.
Methamphetamine (meth) is considered one of the most damaging drugs being dealt on tribal lands, according to the National Congress of American Indians.
Sources for this article Citizen-Times Ashville, NC; News & Observer Raleigh NC; reviews of the Indianz.Com website; Cherokee Nation website; Lummi Tribe website; Upper Sioux Tribe website and SeatlePI.com website.
