Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
TE-MOAK NARCOTICS ORDINANCE
See the enacting ordinance below.
An Indian commits the offense of possession or furnishing of narcotics
if that Indian knowingly possesses, manufactures, transports, sells,
consumes, uses, cultivates, or trades in any of the following within
the exterior boundaries of those lands in the State of Nevada under
the territorial jurisdiction of the Te-Moak Tribe of Western Shoshone
Indians of Nevada:
(1) Marijuana or any portion of the plant Cannabis Sativa L. or any substance containing it; or
(2) Opium, morphine, codeine, hashish, or heroin; or
(3) Any drug or other substance identified or defined as a "controlled substance" under the provisions of Chapter 13, Title 21, United States Code, as amended to the date of the offense.
This ordinance shall not apply to the possession, furnishing or use of any substance for medical purposes under the prescription or supervision of a person licensed by the United States or one of the states thereof to administer, prescribe, control or dispense such substance. An Indian guilty of the offense of possession or furnishing of narcotics may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Five Hundred Dollars ($500.00), or both; provided, however that if any Indian over the age of eighteen (18) years is guilty of an offense under this Ordinance by providing or furnishing such substance to a person under the age of eighteen (18) years, the maximum sentence specified hereunder shall be imposed in its entirety by the court. Further, the commission of any act which constitutes a criminal offense under this Ordinance may be good cause for the exclusion of non-members of the Te-Moak Tribe of Western Shoshone Indians of Nevada from the territory of the Tribe pursuant to Article 4, Section 3 (m) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada.
CERTIFICATION
I, the
undersigned, as Chairperson of the Tribal Council of the Te-Moak Tribe
of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak
Western Shoshone Council is composed of 9 members of whom 8
constituting a quorum were present at a duly held meeting on the 5th
day of August, 1983, and that the foregoing ordinance was duly
adopted at such meeting by an affirmative vote of 7 FOR, 0
AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under Article
4, Section 3(n) of the Constitution of the Te-Moak Tribe of Western
Shoshone Indians of Nevada, and that said ordinance has not been rescinded
nor amended in any form.
| /s/ FELIX IKE, Chairperson Te-Moak Western Shoshone Council |
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ATTEST: /s/ |
ORDINANCE OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA
[ORDINANCE NO.] 83-ORD-TM-04
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA AS FOLLOWS:
That in accordance with Article 1, Section 4 of the Constitution of the Te-Moak Tribe, Approved May 3, 1938, as amended on August 26, 1982, as organized under the Reorganization Act of June 18, 1934, (48 Stat.), as amended by the Act of June 15, 1935, (49 Stat. 378) that this Ordinance to be known as the "Te-Moak Narcotics Ordinance" shall be effective upon passage.