“Aboriginals” set sights on selling marijuana

With the federal government on the verge of creating a multi-billion dollar legal marijuana industry, Brian Marquis worries aboriginal people will be left high and dry.

Marquis, 57, is a patient at the Legacy 420 dispensary on the Tyendinaga Mohawk territory near Kingston, Ont. And after nearly three years of frequenting the business, he says he has seen the financial potential and medical benefits of cannabis.

Now he wants to see storefront dispensaries sprout up in reserves across Canada: providing an economic engine that will help lift indigenous people out of poverty and, he says, provide an antidote to Canada’s opioid addiction crisis.

One of Marquis’s Quebec associates told the Montreal Gazette there is interest in opening dispensaries in the Kanesatake Mohawk territory as well as on Algonquin and Innu reserves.

This may seem like a pipe dream, but Marquis recently took steps to make this a reality. On Monday, Marquis signed legal papers incorporating the National Indigenous Medical Cannabis Association — a group aimed at regulating the sale of medical marijuana within Canada’s indigenous territories.

The organization met in Tyendinaga last week to elect representatives from 10 provinces, establish bylaws and schedule its next board election in 2022.

“We’re not waiting for the federal government on this, we’re going to do what we have to do,” said Marquis, who was elected president of NIMCA’s Ontario chapter. “Canada can do its own thing, we’re a sovereign people on sovereign land. They’re not going to stop us.”

About 130,000 people buy cannabis through Health Canada’s medical marijuana program, ordering it directly from one of 40 federally licensed producers. Experts say it’s these licensed producers — some of which are valued north of $1 billion — that will come to dominate the recreational market when the federal government legalizes it in 2018.

As it stands, the legal system works against the dispensary model that Marquis’s group advocates. Under the Criminal Code, it’s illegal to sell medical marijuana out of a storefront.

But Marquis argues that the Mohawks’ status as a sovereign people — codified in colonial-era documents like the Jay Treaty, Simcoe Deed and Two Row Wampum Treaty — shields dispensaries from criminal prosecution, federal regulation and taxation.

This could prove problematic if the dispensaries openly court a non-indigenous clientele, one police source told the Montreal Gazette. And while Legacy 420 enjoys a good working relationship with the Tyendinaga band council, there’s no guarantee this will be the case on other territories.

“If it’s the will of the people to have a dispensary here, then so be it,” said Serge Simon, Grand Chief of the Kanesatake Mohawk band council. “I think it’s something that would be best regulated through band council. You don’t want this to become a free-for-all. One thing’s for sure, nothing happens without the community’s say so.”

Clifton Nicholas is NIMCA’s Quebec representative and a lifelong resident of Kanesatake. Nicholas says a dispensary in Kanesatake would be a net plus for the Mohawk community of 1,600. The 45-year-old says he’s reaching out to other indigenous communities to recruit new members into NIMCA — which will set quality-control standards and other regulations within the industry.

After electing a provisional board of governors for the Quebec chapter, Nicholas says he’ll register it as a corporation. After that, he’ll work on securing financial backing for a dispensary on the North Shore Mohawk territory.

“This isn’t a cash grab, we’re going to be fully above board, fully regulated and the money’s going right back into the community,” said Nicholas, a documentary filmmaker. “About two years ago, we had a young man here die of an opiate overdose and many here struggle with addiction. I see cannabis as a way of curbing that opiate use.”

An American study, released Monday, found that hospitals in states with legal recreational marijuana are seeing a 23 per cent drop in the number of people seeking treatment for opioid addiction. The study also suggests a 13 per cent drop in treatment for opioid overdoses.

Marquis says it was cannabis that helped him taper off painkillers after he slipped on a patch of ice and broke his back 12 years ago. At the peak of his opioid use, Marquis was popping four 80 mg pills of OxyContin every day.

“I went to my doctor, I said, ‘Doc, I think I’m gonna just quit these things, they’re not really working for me,’ ” said Marquis. “He laughed, he slapped his knee and he said, ‘Brian, you will never get off those.’ After that I got my medical licence to use cannabis and never took a pill again. It wasn’t perfect, I’m not one of these people who claims it cures everything, but it helped me with the withdrawal.”

Nicholas compares the potential of cannabis dispensaries to that of the aboriginal tobacco trade — a billion dollar market dominated by the Mohawks in upstate New York, Quebec and Ontario. Through a series of court victories, Canada has recognized the Mohawks’ right to manufacture and sell cigarettes on-reserve without charging sales tax to other aboriginal people.

In reality, however, many non-indigenous Canadians take advantage of the tax loophole and buy cigarettes at a heavily discounted rate on reserves. This gave rise to a business that, while it operates in a legal grey area, has afforded the Mohawks a level of economic independence enjoyed by few other nations across Canada.

But Nicholas also offers a word of caution.

“With tobacco, there’s this trap of just making money and not necessarily giving it back to the community,” he said. “Cannabis has to be about the creating something sustainable, something where we reinvest the profits in our languages, our culture and traditions. It’s an industry of the future, it’s something that’s breaking new ground in the medical field, but it’s also something that can help us preserve our past.”


Not a pipe dream: Aboriginals set sights on selling marijuana

Canada’s Marijuana Task Force Recommends

In a new report, released Tuesday, the task force lists dozens of recommendations — including setting a minimum legal age of 18 to buy and consume cannabis, a tax structure linked to the THC content of the marijuana, and to legally permit the home growing of marijuana plants.

The task force was made up of a federal and local politicians, doctors, law enforcement, lawyers and addiction specialists.

The recommendations are just that — recommendations — and the Trudeau government can simply ignore them, if it so chooses. However any level of government could potentially adopt these recommendations, much like many local governments and police services that have adopted the Dudley George Inquiry Recommendations.

Considering that all “Indians” are restricted to the On and Off Reserve paradigm, the Band Council (a forced government) has no way to represent the hundreds of thousands of people that do not live On the Reservation, yet many Indigenous people live in urban or municipal zoned settings that cannot begin to properly represent Mohawk and Other Indigenous interests.

CGGRC members have organized to have their voices heard, voices that have been silenced by the On and Off Reserve political jargon. There are no magic chains that are attached to the Off reserve “Indian” that allows the Band Council to control our Off Reserve actions and abilities, and there is no magic chains that give that City and Municipal, Provincial or Federal Representatives the power to limit our Mohawk organizations.

When a Six Nations Band member walk off the reservation or lives in Brantford (for example) does the city or municipal council automatically gain representation over the Six Nations Band member and his property, especially along the Haldimand Tract?

The Six Nations have additional rights and traditional and uncommon knowledge to canadians that is needed for a fair representation of his rights, but the Common Canadian who is not of these distinctions will not have the understandings or customary knowledge to effectively and equitably represent the Six Nations people.

Six Nations people do however own a great number of property in Brantford and do pay substantial amounts of Property tax on the lands they own. Yet, no proper-representation is truly available for the Off Reserve “Indian”.

Does the Canadian Cannabis Economy want to Work with the potential Mohawk Cannabis Economy or does Canada just want to use more of our lands, and get tax breaks while continuing to exploit the On and Off reserve paradigm which serves only to exclude the voices of the Traditional Mohawks and Other Indigenous Organizations.

“We need to challenge values that do not recognize that our poverty is based on our landlessness. We cannot accept that we must suffer colonization in perpetuity simply because the settler state of Canada can racially discriminate against our territorial rights.” Arthur Manuel


  • Allow for the public possession of up to 30 grams of marijuana.
  • Permit Canadians to grow four of their own plants at home.
  • Allow for retail sales and for indoor marijuana lounges.
  • Require plain packaging for marijuana that lists the THC and CBD content, the name of the strain and producer, and a warning about the possible health risks.
  • Ban most marijuana advertising, unless it will be seen only by adults.
  • Fund a public education campaign about marijuana and the possible dangers.
  • Allow the sale of edibles, as long as they are not deemed to be “appealing to children.”
  • Discourage provinces from selling marijuana in stores that also sell tobacco or alcohol — “wherever possible.”
  • Remove most criminal prohibitions for marijuana, limit prosecutions for less serious offences, and move to fines for breaking licensing or production rules.
  • Push for “graduated” penalties for driving under the influence of marijuana, ranging from fines to criminal prosecution — but also invest more seriously in studying the link between THC and impairment on driving.
  • Push for a competitive cultivation and distribution market that makes room for smaller growers, and encourages involvement of Indigenous communities.


Ex-AFN leader teams with grower to bring medical marijuana to First Nations

Phil Fontaine, the former national chief of the Assembly of First Nations, has teamed up with one of the first licensed cannabis growers to bring medical marijuana to First Nations.

Indigenous Roots is a joint venture between Mr. Fontaine and Cronos Group, which operates the Peace Naturals Project in Ontario and In The Zone Produce Ltd. in British Columbia.

It would work co-operatively with First Nations to supply people living on and off reserves with the drug.

In a news release issued Tuesday morning, the partners say the idea is to allow First Nations to invest, operate and participate in the economic opportunities related to the emerging cannabis industry.

With a flagship operation at the B.C. location, they say they intend to consult and work co-operatively with First Nations that are interested in participating, and would commit to remaining a First-Nations-owned-and-operated company providing employment and economic opportunities to First Nations people.

Cronos would provide the land, license, intellectual property and engineering expertise and would share in the operating profits on a 50/50 basis. The plan is to expand by creating new facilities on reserves.

“We are committed to working with First Nations agencies in every region towards developing a solution that provides our patients access to insured cannabis medication,” said Mr. Fontaine in the release.

In the same release, Mike Gorenstein, chief executive officer of Cronos, said his company has tremendous respect for First Nations “and this relationship extends our vision of providing compassionate care. Indigenous Roots will contribute to a shared goal of bringing top quality medicine to patients in need.”

The Liberal government has promised to table legislation to legalize marijuana for recreational use in the spring of 2017, although it remains unclear when the drug will be taken off the prohibited list for the first time since 1923.