Recreational cannabis might soon become a reality in North Carolina, thanks to a decision by the Eastern Band of Cherokee Indians (EBCI). This move could significantly transform the state’s cannabis landscape. While North Carolina continues to prohibit marijuana, the sovereign Qualla Boundary is charting its own path.
In a recent vote, the EBCI Tribal Council has approved the sale of recreational cannabis, setting the stage for the first recreational marijuana dispensary on North Carolina soil. This move follows their successful foray into medical marijuana earlier this year, marking a significant shift in policy and economic opportunity for the tribe.
Dawn of a New Era in North Carolina From Medical to Recreational Cannabis
On April 20, The Great Smoky Cannabis Co., owned by Qualla Enterprises LLC, opened its doors for medical marijuana sales. This event was not just symbolic but a significant milestone as it marked the first legal sale of medical marijuana within North Carolina. Customers from across the state, armed with their medical marijuana cards, flocked to the dispensary, highlighting the pent-up demand for legal cannabis products in a state that has none.
During a session held on June 6, the EBCI Tribal Council voted to amend the Tribal Code, thus allowing recreational cannabis sales. The decision passed with an 8-2 vote. If approved and signed by the Principal Chief’s office, the revised ordinance could potentially open North Carolina’s first recreational marijuana dispensary by the end of the summer.
The introduction of recreational cannabis sales is expected to drive substantial economic revenue for the EBCI. As cannabis remains illegal in North Carolina, the EBCI’s decision positions the Qualla Boundary as a unique destination for cannabis enthusiasts and medical patients alike. This move has the potential to attract significant tourism and related economic activities, providing a new revenue stream for the tribe.
Understanding the Legislative Landscape
The Qualla Boundary, home to the Eastern Band of Cherokee Indians, operates as a sovereign nation. This means the EBCI has its own government, laws, and institutions. The EBCI’s sovereignty allows it to make independent decisions that can diverge from state legislation, including the legalization and regulation of cannabis.
It is important to note that cannabis use and possession are legal only within the Qualla Boundary, the sovereign lands of the Eastern Band of Cherokee Indians. Outside of this territory, individuals remain subject to the laws of North Carolina, where both recreational and medical marijuana are currently prohibited.
Visitors and residents should be aware that, however, crossing into state jurisdiction with cannabis could result in legal consequences, as North Carolina has not yet legalized cannabis in any form.
Legal Framework and Regulations
The Tribal Council’s resolution to allow recreational cannabis sales includes several important regulatory measures:
- Decriminalization: The resolution effectively decriminalizes cannabis within the Qualla Boundary for adults aged 21 and over.
- Trafficking Definition: The new law updates the amount of marijuana considered trafficking to any amount over one pound.
- Age Restrictions: It remains illegal for anyone under 21 years old to possess marijuana or for it to be sold, given, or transferred to minors.
Forrest Parker, General Manager of Qualla Enterprises, outlined the timeline for the rollout of recreational cannabis. The goal is to make products available to enrolled tribal members within 30-45 days, with sales to the general public commencing within 60-75 days. This aligns with the rollout of recreational sales sometime around August of this year.
Accessing Medical Cannabis Until Recreational Sales Begin
While the launch of recreational cannabis sales is eagerly anticipated, individuals can currently obtain cannabis through the medical marijuana program. The Great Smoky Cannabis Co. dispensary is already operational, providing access to medical cannabis for those with qualifying conditions. Medical marijuana cards are issued to patients diagnosed with one of the following 18 chronic or debilitating medical conditions:
- Acquired immune deficiency syndrome (AIDS)
- An anxiety disorder
- An autism spectrum disorder
- An autoimmune disorder
- Anorexia nervosa
- Cancer
- Dependence upon or addiction to opioids
- Glaucoma
- For a specific medical condition or treatment producing one or more of the following symptoms:
- Cachexia
- Muscle spasms (including those caused by multiple sclerosis)
- Seizures (including those caused by epilepsy)
- Nausea
- Severe or chronic pain
- A medical condition related to the human immunodeficiency virus (HIV)
- Post-traumatic stress disorder (PTSD)
- Crohn’s disease
- Sickle cell anemia
- Amyotrophic lateral sclerosis (ALS)
- Parkinson’s disease
- A condition resulting in the patient receiving Hospice care
- A terminal illness with a life expectancy of less than six months
The Eastern Band of Cherokee Indians’ legalization of recreational cannabis marks a historic turning point for the Qualla Boundary and the state of North Carolina. Furthermore, this monumental decision demonstrates the EBCI’s commitment to self-governance, economic progress, and innovation. By establishing the state’s first legal pathway for cannabis sales, the EBCI stands as a beacon of progressive change. Consequently, this move has the potential to influence broader legislative shifts beyond its territory.
While the state’s stance on cannabis remains rigid, the move by the EBCI offers a glimpse into a future where cannabis can be safely and legally enjoyed, contributing to both societal well-being and economic growth. As the Qualla Boundary prepares to welcome a new wave of visitors and economic activity, it also paves the way for important discussions and actions regarding cannabis reform throughout North Carolina.
