MAHNOMEN — A Minnesota court dismissed a case against an Ojibwe man who was charged with first degree felony possession of marijuana after police seized more than 7 pounds of cannabis during a raid at his reservation-based tobacco shop.
In an opinion issued Monday, the Minnesota Court of Appeals ruled that the state of Minnesota has no authority to prosecute Todd Jeremy Thompson, 56, of Mahnomen, who was arrested after the state fully legalized cannabis in 2023.
Thompson, who owns the Asema Pipe & Tobacco Shop, faced up to five years in prison and a $10,000 fine if convicted.
The appeals court panel ruled that possession of cannabis by Thompson, as an enrolled member on the White Earth band living on the reservation, became a civil matter, rather than a criminal one, once Minnesota legalized possession of recreational marijuana.
Under a 1953 federal statute called Public Law 280, the state has broad powers to enforce criminal laws on most of Minnesota’s reservations, but most civil matters fall under the purview of the tribal governments.
In its decision, the appeals court also pointed to the language of the 2023 law that legalized possession and sale of cannabis in the state, even though it contained some criminal provisions.
That law expressly acknowledges “the sovereign right of Minnesota Tribal governments to regulate the cannabis industry and address other matters of cannabis regulation…within their jurisdiction.”
Claire Glenn, Thompson’s attorney, called the court’s decision “a huge win for Indigenous peoples who have fought for so long, and continue to fight, for recognition of their sovereignty and the freedom to exercise their inherent rights.”
Glenn also applauded the concurring opinion from Judge Sarah Wheelock, which “underscores the critical need for courts and legal practitioners alike to understand the inherent sovereignty of tribes and the rights of tribal members, which predate colonization and persevere today.”
In her opinion, Wheelock wrote that she agreed with the majority’s reasoning but would have preferred a more sweeping ruling that would apply the court’s decision to all nine reservations in Minnesota that are covered by Public Law 280, not just White Earth.
“Such framing avoids forcing other tribes or their members in Minnesota to relitigate this exact issue,” Wheelock wrote. “It is not just possible, but likely, that another member of a different tribe on a different reservation will be arrested, notwithstanding that possession of cannabis is regulatory in nature and falls within the Tribes’ regulatory authority.”
In a brief phone interview, Frank Bibeau, attorney for the 1855 Treaty Authority, which advocates for native people’s treaty rights and filed a friend-of-the-court brief in Thompson’s case, said he was not surprised that the court threw out the charges.
“Todd knew how this was going to turn out. I knew it. Everybody knew it. Yet Mahnomen County and the Paul Bunyan Drug Task Force still went ahead with the raid,” Bibeau said. “What my friends and I want to know now is: When is Todd going to get his money and his weed back?”
During the August 2023 raid at Asema, police seized approximately 7.5 pounds of cannabis flower and $2,748 in cash.
For his part, Thompson said he was gratified that the charges against him have been dismissed but said he remains angry about the legal ordeal.
“They put me through a lot and they slandered me,” said Thompson. “They owe me money. They owe me my flower. And they owe me an apology.” He added that police damaged personal property when they raided his home, breaking a gun safe and door locks.
He said his business is “in shambles” but that he is looking into the possibility of opening a dispensary in the future.
Minnesota Reformer is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Minnesota Reformer maintains editorial independence. Contact Editor J. Patrick Coolican for questions: info@minnesotareformer.com.
