Cherokee Tribe to Open First Legal Adult-Use Cannabis Dispensary in North Carolina

Next month, on September 7, the Great Smoky Cannabis Company will open its dispensary doors to all adults over 21. This marks an unprecedented event in North Carolina’s history, as it becomes the state’s first legal adult-use cannabis dispensary, thanks to the Eastern Band of Cherokee Indians (EBCI).

The announcement has already generated significant buzz and curiosity among residents, especially given that cannabis remains illegal for both medical and adult use throughout the rest of North Carolina.

How Did We Get to First Legal Adult-Use Cannabis Dispensary in North Carolina?

The path to opening began last year when EBCI members passed a measure to legalize recreational marijuana sales on their tribal land, known as the Qualla Boundary. This decision came after considerable debate and planning, reflecting the tribe’s forward-thinking approach to economic diversification and social progress.

It took almost twelve months of preparation, but the Great Smoky Cannabis Company is now ready to open its doors to the general public. Initially, the store started selling medical marijuana on April 20th to those with a medical cannabis card issued by the tribe’s Cannabis Control Board.

By July, recreational sales were extended to EBCI members and other federally recognized Native American tribes. Now, as we approach September 7, the store will welcome anyone aged 21 and over.

Sovereignty and Cannabis Legislation

The ability of the Eastern Band of Cherokee Indians (EBCI) to open the Great Smoky Cannabis Company is rooted in their sovereignty, which grants them the authority to establish laws and regulations independently of state statutes.

While cannabis remains illegal for recreational and medical use in North Carolina outside the boundaries of the Qualla Boundary, the tribe possesses the legal right to create and enforce their own laws regarding the production, sale, and consumption of cannabis on their land.

This sovereignty is derived from treaties and federal law, enabling the EBCI to pursue economic development opportunities that align with their community values and interests.

Why This Is a Big Deal

This development is monumental for several reasons:

First Legal Cannabis Sales in NC: Despite numerous attempts, North Carolina has not yet legalized medical or recreational marijuana. This makes the Great Smoky Cannabis Company the only legal cannabis retailer in the state.

Economic Boom for the Tribe: According to Forrest Parker, general manager of Qualla Enterprises, the tribe’s revenue from legalized adult-use cannabis could reach $385 million in the first year and exceed $800 million by year five.

Regional Exclusivity: None of the states bordering North Carolina—Tennessee, Virginia, South Carolina, Georgia—allow legal adult-use cannabis sales. This means the Great Smoky Cannabis Company will be the sole marijuana retailer in a vast region, potentially attracting customers from all around.

Legal Boundaries and Limitations

While the store is making progress for cannabis in North Carolina, it comes with important caveats:

Jurisdictional Limitations: The Great Smoky Cannabis Company prohibits taking cannabis off tribal land. Sheriff Curtis Cochran of Swain County emphasizes that anyone caught with cannabis outside the Qualla Boundary will face state-level penalties.

“They need to educate their people up there that when they come off the boundary, they’re in a different world,” Sheriff Curtis Cochran said via ABC13. “We’ll educate them if we catch them with it. We’ll charge them for it.”

Federal and State Law Compliance: The store’s operations exist in a unique legal gray area. While the tribe has the sovereignty to pass its own laws regarding cannabis, these do not extend beyond tribal lands. Therefore, consumers must be cautious and adhere to state laws once they leave the Qualla Boundary.

Road Ahead

The opening of the Great Smoky Cannabis Company represents a significant shift in North Carolina’s marijuana landscape. It also sets the stage for potential future changes in state legislation as public opinion continues to evolve.

The Eastern Band of Cherokee Indians has taken a calculated risk, but one that holds the promise of substantial economic and social benefits. The community will reinvest the revenue generated from legal cannabis sales into funding education, healthcare, and social services.

This could serve as a model for other tribes and even states considering the legalization of marijuana.

The store will officially open at 10 a.m. on September 7. Anticipation is high, and the Great Smoky Cannabis Company has assured that there will be ample product and staff to handle the expected surge in customers.

The Great Smoky Cannabis Company’s launch is more than just a commercial venture; it’s a turning point in the broader conversation about cannabis legalization in the United States. By successfully navigating the legal, social, and economic challenges, the Eastern Band of Cherokee Indians is paving the way for broader acceptance and integration of cannabis into mainstream society.