White Earth Man Challenges Marijuana Laws After Raid
MAHNOMEN, Minn. ( trfnews.i234.me ) — A Mahnomen shop owner and White Earth Band member is at the center of a major legal test over tribal sovereignty and Minnesota’s new marijuana laws. The case stems from an August 2023 raid at the Asema Tobacco & Pipe Shop, just a day after recreational marijuana became legal in the state.
Agents from the Paul Bunyan Drug Task Force seized about 7.5 pounds of marijuana, nearly a pound of marijuana wax, and $2,748 in cash from the store. The products, many labeled with names like “Black Plague” and “Ghost Candy,” were reportedly displayed in plain sight.
Owner Todd Jeremy Thompson, 56, now faces a felony charge of first-degree marijuana possession. But he insists he was operating within his rights under treaty law, federal precedent, and the Minnesota Chippewa Tribe’s constitution. “I was told they were coming,” Thompson said. “I’m standing on my rights as a Native person.”
Thompson’s legal team argues that Minnesota’s 2023 marijuana law recognized tribal governments’ sovereignty to regulate cannabis on their land. They claim the state lacks jurisdiction under Public Law 280, which limits state power to criminal—not regulatory—matters on reservations.
In March, District Judge Seamus Duffy denied Thompson’s motion to dismiss, ruling the law still includes criminal provisions and limits on certain products like marijuana wax. However, the Minnesota Court of Appeals took the unusual step of accepting an early appeal, indicating the case raises important legal questions. Oral arguments are scheduled for November 4.
Thompson is no stranger to legal fights over Indigenous rights. He’s previously won cases related to fishing, wild rice harvesting, and protest activity under treaty protection. Supporters see him as a leader pushing the boundaries of treaty-based economic freedom for Native people.
Today, Thompson continues to run Asema, selling tobacco, incense, glassware, and other products despite competition from tribally owned dispensaries like Waabigwan Mashkiki across from the Shooting Star Casino.
As his appeal moves forward, Thompson says he’s motivated by principle, not profit. “I always tell myself I’m done with courts,” he said. “But it’s in my DNA.”
For information about Minnesota cannabis laws and tribal sovereignty, visit the Minnesota Office of Cannabis Management or the 1855 Treaty Authority.
I’m Chris Harper reporting for TRF News.
Todd Jeremy Thompson