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Pot Capitas: Distributing The Fruits Of Tribal Land

Posted February 26, 2015 by Galanda Broadman, PLLC

By Anthony Broadman

Assuming the bottom does not drop out of the legal weed market, and that Tribes are able to begin regulating and selling marijuana within their jurisdictions, how will pot farming revenue be spent? If marijuana is a viable business for Tribes, Tribal governments can expect calls for profits to be “per capped” through per-member distributions. Whether per capitas are good governance is a question for Tribes and their constituents.  But the particular treatment of pot per capitas raises new questions about federal trust assets, federal taxation, and whether distributions can provide a new non-taxable trust resource for Tribes and their members.

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Lawmakers want to work with tribes on regulations for legal pot

Yakima Herald-Republic, Quoting Anthony Broadman | February 24, 2015

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Judge: Nooksack tribe must hold off on disenrolling members

Bellingham Herald, Featuring Gabe Galanda, Ryan Dreveskracht | February 23, 2015

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Rez Should Say No to Pot—But A Huge YES to Hemp

Indian Country Today Media Network, Quoting Anthony Broadman | February 20, 2015

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How Local Native American Tribes Can Start Selling Marijuana

NPR-KUOW 94.9 FM, Featuring Anthony Broadman | February 20, 2015

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