A Republican Congressman from North Carolina has urged members of the Eastern Band of Cherokee Indians to reject a vote next month which would legalize cannabis on tribal land. He warned that this would result in a loss of funding under a federal bill he intends to introduce.
Rep. Chuck Edwards, R-NC, acknowledged in an opinion piece published last week by The Cherokee One Feather that Congress could not stop the referendum on EBCI, scheduled for September 7, from proceeding. He appealed for the tribe to vote against this referendum.
The freshman House member wrote: “I consider the tribe as my friends and respect their tribal sovereignty.” “But sometimes friends will disagree and I have to do that on this issue of legalizing marijuana for recreational use.” The rights of the tribe should not interfere with our national laws.”
The legalization referendum’s passage would allow many North Carolinians to buy cannabis legally, even though both adult-use and medical marijuana are still illegal in the state. Under the proposal, sales on EBCI lands would be available to all adults over 21 years old, regardless of their tribal membership. Edwards pointed out that the tribe owns land “all over Western North Carolina.”
Edwards, a former state senator who opposed cannabis reforms in North Carolina, wrote: “To allow our residents to travel just a few minutes to purchase and use this gateway drug would be irresponsible. I intend to stop that.”
The Eastern Band of Cherokee Indians, which includes the Cherokee Nation, will vote on September 7th on whether or not to legalize marijuana for recreational use and sale on tribal lands.
Please read my thoughts on the EBCI referendum. #nc11 #ncpol https://t.co/N5a8AcVove
— Congressman Chuck Edwards (@RepEdwards) August 18, 2023
The lawmaker said legalization would lead more impaired driving, to “drug tourist”, the sale of hard drug and “criminal activities that would follow inevitably.”
Edwards has threatened to reduce federal funding for the tribe in the event that legalization occurs. Edwards said that he would “soon” introduce legislation to Congress, called the Stop Pot Act. This would “defund government’s who ignore federal law.”
Edwards wrote: “It’s important that the tribe knows they are voting on a measure which, if passed, could be very expensive.” He said he will pursue the Stop Pot Act, regardless of the outcome of the EBCI referendum.
Edwards’s Office did not respond immediately to Marijuana Moment’s request for a draft of the upcoming bill. However, in theory it would reduce federal funding to EBCI and any other jurisdictions where cannabis is legal. This includes many U.S. States.
Edwards believes that these states are “snubbing federal laws which declare marijuana as a Schedule I substance… and Congress has watched this happen.”
EBCI is one of the three federally recognized Cherokee tribes. It has a relatively wealthy tribe that owns its land and makes a lot of money from gaming. It also receives significant amounts of money from the U.S. Government, such as $160 million in 2021 under the American Rescue Plan.
In 2021, the roughly 14,000 member tribe decriminalized possession of marijuana and started putting together a program for medical marijuana. Leaders of the tribe’s cannabis business have recently stated that despite the delays in getting the system up and running, they’ve already produced $25 million worth.
North Carolina officials claim that a small stretch of state-owned road is used to transport cannabis as part of the current production plan.
State Attorney General Josh Stein, a Democrat, told local WLOS-TV that “this is a matter that the tribe and local police enforcement will need to resolve.”
Swain County Sherriff Curtis Cochran stated that he “had several discussions with the tribal attorney, chief and others about transportation of cannabis.”
He said: “I stated that, until North Carolina changes its law, it’s still illegal to transport or possess marijuana on highways.”
As more states legalize marijuana, tribal governments have entered the business. In Minnesota, state legislators passed a program for adult-use marijuana earlier this year. Tribes are taking the lead.
White Earth Nation approved marijuana sales late last month and opened a cannabis shop for adult use. And the Red Lake Nation recently announced plans to launch a mobile marijuana retailer–effectively a cannabis “food truck” that can travel and do business on tribal land throughout the state.
Minnesota’s marijuana law allows the governor to enter into agreements with tribal governments that allow them to operate in non-tribal areas of the state. This option has been seen as a means to sell legal cannabis before the state license, which is not expected until 2025. Last week, cannabis regulators reported that so far “several tribes” have expressed interest.
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