Tribal jurisdiction over controlled substances, related offenses, and firearms

Section 204 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968) (25 U.S.C. 1304) is amended— (1) in subsection (a)— (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; (B) by inserting after paragraph (4) the following: (5) Controlled substance-related offense (A) In general 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— (i) drug trafficking; (ii) unlawful drug possession; or (iii) unlawful possession of drug paraphernalia. (B) Associated definitions For purposes of this paragraph: (i) Controlled substance The term controlled substance means— (I) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (II) a counterfeit substance (as defined in that section); and (III) a controlled substance analogue (as defined in that section). (ii) Drug paraphernalia 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)). (iii) Drug trafficking The term drug trafficking means— (I) the manufacture, cultivation, delivery, distribution, or dispensing of a controlled substance; (II) the possession of a controlled substance with the intent to manufacture, deliver, distribute, or dispense the controlled substance; and (III) the solicitation of, or the attempt or conspiracy to do, an act described in subclause (I) or (II). (iv) Unlawful drug possession 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. (v) Unlawful possession of drug paraphernalia 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.; (C) in paragraph (6) (as so redesignated)— (i) in subparagraph (H), by striking and at the end; (ii) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (J) a controlled substance-related offense; and (K) a firearms offense.; and (D) by inserting after paragraph (8) (as so redesignated) the following: (9) Firearms offense 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— (A) in furtherance of a covered crime; or (B) by a person who has been convicted of domestic violence.; and (2) 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,.