Lower Elwha Klallam Tribe

Possession and Use of Marijuana

Public Notice of Changes in Lower Elwha Klallam Tribal Laws Relating to Possession and Use of Marijuana October 13, 2020

The Lower Elwha Klallam Tribal Business Committee hereby notifies all Lower Elwha Klallam Tribal Members and persons within the Tribe’s jurisdiction that the Tribe’s marijuana laws have been modified to bring them in line with current Washington law. In March, 2020, the Tribe enacted a Commercial Marijuana Activity Ordinance to authorize a commercial marijuana enterprise operated by the Tribe. On May 1, 2020, the Tribe entered into a Marijuana Compact with the State of Washington, which recognized the Tribe’s right to engage in commercial marijuana activities, to tax the sale of marijuana, and to retain the tax revenue for essential tribal government purposes.

The Tribe has been preparing to open its commercial marijuana business, Elwha Peaks Cannabis, around the beginning of 2021, to be located at the Tribe’s retail complex at Highway 101 and Dry Creek Road. In anticipation of that opening, the Business Committee believes that it is now time to modify the Elwha Justice Code, so that tribal members and others within the Tribe’s jurisdiction will be subject to essentially the same criminal laws governing possession, use, and sale of marijuana as there are throughout the State of Washington.

Effective today, the following marijuana-related activities are now permitted under Lower Elwha law:

  • Possession of marijuana and marijuana products, when purchased in accordance with Tribal or State law, and in amounts not to exceed I ounce of usable marijuana; 16 ounces of marijuana-infused products in solid form; 72 ounces of marijuana-infused products in liquid form; or 7 grams of marijuana concentrate.
  • Possession of marijuana and marijuana products with a valid recognition card (medical cannabis) with purchased in accordance with Tribal or State law, in amounts not to exceed 3 ounces of usable marijuana; 48 ounces of marijuana-infused products in solid form; 216 ounces of marijuana-infused products in liquid form; or 21 grams of marijuana concentrate.
  • Use of marijuana in a private setting.

The following marijuana-related activities remain unlawful and subject to criminal penalties:

  • Sale of marijuana and marijuana products, except by the Tribe’s enterprise.
  • Production of marijuana and marijuana products.
  • Use of marijuana in public.
  • Furnishing marijuana to minors under the age of twenty-one (21).
  • Operating a motor vehicle under the influence.

It is not possible to summarize all details in this short notice. A complete copy of the revised Elwha Justice Code will be emailed to all tribal staff and posted on the Tribe’s website. All persons are responsible for knowing and complying with the law.

Public Notice- Marijuana 10-29-20 (PDF)