Will HofmannAsheville Citizen Times
The Eastern Band of Cherokee Indians Tribal Council has voted to amend Tribal Code to allow the sale of recreational marijuana, opening the door for North Carolina's first recreational marijuana dispensary to open on the Qualla Boundary by the end of the summer, despite the drug being illegal in the state.
During a June 6 EBCI Tribal Council session, the Tribal Council approved Ordinance 63, revising Chapter 17 of the Cherokee Code to change language from just allowing medical marijuana sales to allowing recreational cannabis sales. The ordinance was passed in an 8-2 vote, with Tribal Council member Dike Sneed and council Vice Chairman David Wolfe voting against.
The marijuana market has been touted as a huge economic boon for the EBCI, as the drug remains illegal in North Carolina.
North Carolina state legislators have not legalized the drug for medical or recreational purposes, despite some bills being proposed to do such, but President Joe Biden recently moved to reclassify the drug from a Schedule I drug to a Schedule III drug, meaning it could become federally legal to prescribe marijuana as medication.
The EBCI land — known as the Qualla Boundary — is a sovereign nation that has its own elections, laws, government and institutions that are self-governed and autonomous. It lies primarily in the Western North Carolina mountain counties of Swain and Jackson, with smaller parts in Cherokee, Graham and Haywood.
The Great Smoky Cannabis Co., run by Qualla Enterprises LLC, opened formedical marijuanasales on April 20 with customers travelling across the state with medical marijuana cards to make a purchase. The dispensary could not open for recreational sales due to the Tribal Council not yet passing the ordinance, despite numerous work sessions on the topic.
The passage of the ordinance comes on the heels of a May 30 work session on the recreational marijuana ordinance.
During that session, Qualla Enterprises General Manager Forrest Parker said the goal after a positive vote on the amendments would be to establish recreational marijuana sales for tribal members within "30-45 days" and that the general public would see sales open within a "60-75 day range."
The timeline sets the opening of North Carolina's first recreational cannabis market for August.
For the Great Smoky Cannabis Co., the only regulatory change would be that the business would need a license from the tribal government to sell recreational marijuana, Parker said. Otherwise, the regulations on sales set under the current medical marijuana program would largely remain the same.
The major change would be hiring the staff required to run the estimated "80,000 pound" regional adult use market that will be operating out of the single dispensary, Parker said. He noted the market currently only has funding for around half of the estimated regional market.
Qualla Enterprises Human Resources Director Lee Griffin had previously stated that estimated staffing would be around 350 under a recreational marijuana market during a Feb. 28 work session on the ordinance.
The Citizen Times reached out to the Great Smoky Cannabis Co. and the office of EBCI Chief Michell Hicks June 6.
Amendments restrict hemp shops, home grow practices
Council member Michael Stamper introduced an optional amendment to the ordinance that would restrict hemp products from being sold at any other location beside EBCI-owned entities. The move would set up Great Smoky Cannabis Co. as the only hemp store on the Qualla Boundary.
Stamper justified the amendment by stating an increased number of smoke shops would be "an eyesore on the community," and would rather have "one big shop rather than nine vape shops." He also mentioned he was worried about the proliferation of hemp product into local schools.
The optional amendment was accepted into the ordinance by the Tribal Council.
Another amendment regarding the practice of growing marijuana plants to those who possess medical cards was introduced. The amendment allow only four plants at a time. The amendment was also accepted by the Tribal Council.
North Carolina law enforcement say statement stands 'as is'
As the EBCI moves to open North Carolina's first marijuana market, local and state officials have had a variety of reactions.
Last year, WNC Republican Congressman Chuck Edwards introduced the"Stop Pot Act"in response to the EBCI, which would remove federal funding from tribes and states that have legalized marijuana.
In early April, District Attorney Ashley Hornsby Welch vowed to"enforce state law"in response to the dispensary opening, but noted the district will respect tribal sovereignty. Welch is the chief criminal prosecutor in Prosecutorial District 43, which includes Cherokee, Clay, Graham, Haywood, Jackson, Macon and Swain counties.
On the evening of June 4, District 43 spokesperson Quintin Ellison said the April statement "would stand as previously released" in reaction to the possible passage of the recreational marijuana ordinance.
Medical marijuana cards required until recreational opens
Until recreational marijuana opens at the Great Smoky Cannabis Co. dispensary, a medical marijuana card is required to purchase at the dispensary.
To qualify for a medical marijuana card in Cherokee, you must showproof of one or moreof the following 17 conditions:
- Acquired immune deficiency syndrome.
- An anxiety disorder.
- An autism spectrum disorder.
- An autoimmune disorder.
- Anorexia nervosa.
- Cancer.
- Dependence upon or addiction to opioids.
- Glaucoma.
- A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
- Cachexia.
- Muscle spasms, including, without limitation, spasms caused by multiple sclerosis.
- Seizures, including, without limitation, seizures caused by epilepsy.
- Nausea.
- Severe or chronic pain.
- A medical condition related to the human immunodeficiency virus.
- Post-traumatic stress disorder.
- Crohn’s disease.
- Sickle cell anemia.
- Amyotrophic lateral syndrome.
- Parkinson’s disease.
- A condition resulting in the patient receiving Hospice care.
- A terminal illness when the patient’s remaining life expectancy is less than six months.
All patients must be 21 years or older to purchase medical cannabis. Fees for medical cannabis patient cards are $100 for N.C. residents and $50 for enrolled EBCI members. Cards must be renewed yearly at a rate of $100 for N.C. residents and $25 for EBCI members.
Learn more
For more on how to obtain a medical marijuana card,visit the EBCI's Cannabis Control Board website athttps://ebci-ccb.org.
To learn about medical marijuana sale regulations, visit the Great Smoky Cannabis Co. website atwww.greatsmokycannabisco.com.
This story will be updated.
More: Eastern Band of Cherokee set to vote on recreational marijuana; When could sales begin?
More: Historic medical marijuana dispensary opens in Cherokee, NC, 1st in the state
Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at WHofmann@citizentimes.com.Please help support this type of journalism with asubscriptionto the Citizen Times.
