Sec. 3. Tribal jurisdiction over controlled substances, related offenses, and firearms
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Section 204 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ) ( 25 U.S.C. 1304 ) is amended— in subsection (a)— by redesignating paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and
(17)as paragraphs (6), (7), (8), (10), (11), (12), (13), (14), (15), (16), (17), (18), and (19), respectively; by inserting after paragraph
(4)the following: The term controlled substance-related offense means a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves— drug trafficking; unlawful drug possession; or unlawful possession of drug paraphernalia. For purposes of this paragraph: The term controlled substance means— a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); a counterfeit substance (as defined in that section); and a controlled substance analogue (as defined in that section). The term drug paraphernalia has the meaning given the term in section 422(d) of the Controlled Substances Act ( 21 U.S.C. 863(d) ). The term drug trafficking means— the manufacture, cultivation, delivery, distribution, or dispensing of a controlled substance; the possession of a controlled substance with the intent to manufacture, deliver, distribute, or dispense the controlled substance; and the solicitation of, or the attempt or conspiracy to do, an act described in subclause
(I)or (II). The term unlawful drug possession means a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the possession of a controlled substance. The term unlawful possession of drug paraphernalia means a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the possession of drug paraphernalia. ; in paragraph
(6)(as so redesignated)— in subparagraph (H), by striking and at the end; in subparagraph (I), by striking the period at the end and inserting a semicolon; and by adding at the end the following: a controlled substance-related offense; and a firearms offense. ; and by inserting after paragraph
(8)(as so redesignated) the following: The term firearms offense means a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use or possession of a firearm— in furtherance of a covered crime; or by a person who has been convicted of domestic violence. ; and in subsection (b)(4)(A), by striking or assault of Tribal justice personnel, and inserting , assault of Tribal justice personnel, a controlled substance-related offense, or a firearms offense, .
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- Pub. L. 90-284
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Sec. 3
Tribal jurisdiction over controlled substances, related offenses, and firearms
Pub. L.Pub. L. 90-284
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