The Eastern Band of Cherokee Indians is set to vote on a referendum Thursday that will legalize marijuana purchases for adults over 21. This includes not only tribal members but also any adult.
In North Carolina, marijuana is still illegal for recreational and medical purposes. If the measure is passed, EBCI will become the only legal producer and retailer for adult-use marijuana in the state and any neighboring states. This has raised concerns with local officials and a state representative in North Carolina, who introduced federal legislation late last week that would reduce funding for all U.S. States and Indian Tribes with legalized recreational marijuana.
Despite the backlash, EBCI’s referendum attracted the attention of indigenous cannabis activists, who view the tribe’s fledgling marijuana-growing program as a successful example of tribal autonomy.
Rob Pero of the Indigenous Cannabis Industry Association told Marijuana Moment that “they built a road map for it.” EBCI, which is not a part of the association but is a member in good standing with it, was commended for its efforts.
EBCI’s tribe land, Qualla Boundary in North Carolina, is the only place where medical marijuana has been legalized. The Tribal Council approved the system regulations in 2021 and opened registration for all North Carolina residents last June. The referendum on Thursday would allow sales to adults over 21.
Pero, a Bad River Band of Lake Superior Tribe of Chippewa Indians member, admitted that he was not qualified to speak on behalf of any tribe. However, he did acknowledge that EBCI, because of its unique circumstances, has become a curiosity for many indigenous communities interested in legalizing cannabis. Some have found the tribe’s actions inspiring.
He said that tribes view EBCI as an example of how to exercise sovereignty and move policy, no matter what state they are in. This is a model for self-determination, and sovereignty.
Even those who are the most critical of the plan, like U.S. Rep. Chuck Edwards(R-NC), admit that EBCI is entitled to legalize within their borders. In a recent Cherokee One Feather op-ed, he wrote: “I consider the tribe to be my friends and I respect their sovereignty.” Edwards issued a warning as well: “To let our citizens travel just a few miles in order to purchase and use this gateway drug would be irresponsible. I intend to stop .”
He said, “It’s important that the tribe knows they are voting on a bill that could be very expensive if it is passed.”
EBCI Principal chief Richard Sneed described Edwards’s remarks as “a major blunder” in Cherokee One Feather. He also stated he believed Edwards “overstepped [his authority], noting that the Congressman is a “non-Indian elected official telling a sovereignty tribal nation how to conduct their business.”
The congressman made good on his threats last week, introducing the Stop Pot Act at the U.S. House. The bill, if passed, would affect not only EBCI, but all states and tribal governments that have legalized marijuana. Federal highway funds will be withheld by 10 percent.
Edwards’s office did not reply to Marijuana Moments numerous requests for comments on his bill and the EBCI Referendum other than sending an email late Friday with a link to a press release.
Sneed and members of the Tribal Council did not return repeated emails or calls. Neil W. Denman is the executive director of Tribe’s Cannabis Control Board. He forwarded an email from the associate attorney general of the Tribe referring all questions to “representatives of Tribal Government”.
The tribe’s existing medical program has run into some snags. Curtis Cochran is the sheriff for Swain County which borders the Qualla boundary. He has complained to the tribe about what he believes to be illegal transport of marijuana along a short state-owned road. He told local media last month that “it is still illegal to transport or possess marijuana on the highway” until North Carolina changes its law.
In contrast, the office of Attorney General Josh Stein(D) is trying to stay out of it. Stein said to local TV that “this is a matter that tribes and local law enforcement must work out.”
A spokesperson from Stein’s office explained to Marijuana Moment that the North Carolina Department of Justice does not “have jurisdiction to investigate or prosecute the majority of cases”, adding, “This is a jurisdiction which generally rests with the local law-enforcement agency or district attorney.”
Leaders of the tribal marijuana business said recently that despite the delays they have already grown 25 million dollars worth of products.
Some Democratic county leaders in North Carolina support the tribe’s upcoming vote. The chairs of the Democratic Parties in Swain, Cherokee Jackson and Transylvania Counties wrote last week in a Letter that Edwards’s bill for the Congress “reeks of paternalism we have seen over the years of federal dealings. This is not a friend who has a disagreement. It is patronizing and threatening.”
Rep. Graig M. Meyer (D) is another state legislator who supports the tribe. He said that if the referendum is passed, “I would push our state partners–from public health officials to law enforcement–to help the tribe where we can.
The Cherokee tribe in North Carolina could be the first to legalize and regulate cannabis. Meyer wrote, “I’m jealous,” referring to an op-ed Meyer wrote in 2022 that he wrote for legalization. “I respect Cherokee sovereignty and the right of the tribe to make their own decisions about its land. “I’m interested in what you decide.”
It is difficult to determine how tribal law interacts exactly with state and federal laws in the United States. Pero, at ICIA, explained that some states, including Wisconsin, where he resides, are governed by Public Law 280. This law was enacted in 1953 by Congress. This policy gave certain states criminal jurisdiction to deal with tribal members including those living on reservations. It also expanded civil jurisdiction in some cases.
The National Institute of Justice (part of the U.S. Department of Justice) acknowledges that the law “drastically changed” the relationship between Native Americans and the American government. It also “had a variety of negative consequences for the tribes.” “The act violates tribal sovereignty by giving states criminal authority,” it says. “The act is often cited for a reason to deny PL 280 funding for law enforcement.”
Initially, PL 280 was applicable to six states. However, this number has fluctuated in recent decades. Pero, at ICIA, emphasized the fact that “checkerboards” of jurisdictions can be burdensome for tribes. They are required to “act on all levels of government while also developing an economic [and] understand the do’s-and-don’ts with grant money from federal government.” For years, we’ve been told that the money can be used to do this or that.
A Senate Committee held an listening session last year about tribal sovereignty in relation to cannabis, at which many representatives of Indian tribes gave testimony and provided feedback. One official stated that the Seneca Nation of Indians supported a framework of tribal, federal and state governments which would allow tribes to regulate their cannabis industries without interference from the states. “We believe that tribes and tribal communities have the best knowledge of what works and what doesn’t on their territory, and that states should not be involved in this process.”
It was not a formal hearing and no senators attended.
Pero, ICIA’s Pero, said that EBCI’s vote was an affirmation of the tribes autonomy. He said that he was always excited to hear their story and see a tribal flex its sovereignty in an area where it is not legal.
When asked about Rep. Edwards’s congressional Stop Pot Act he responded that it “just sounds like fodder for me.”
As more states legalize marijuana, tribal governments have entered the business. Notably, in Minnesota, where state lawmakers passed an adult-use marijuana program earlier this year, tribes are leading the way.
White Earth Nation, which also began sales in August, recently announced plans to launch a mobile marijuana retailer. And the Red Lake Nation, which also began sales in August, 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. The Leech Lake Band of Ojibwe is another tribe in the state that’s also moving towards legalization.
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 expected in 2025. Last month, cannabis regulators reported that so far “several tribes” have expressed interest.
Edwards, the GOP Congressman, is concerned about the expansion of tribal sales in North Carolina. He notes that the Cherokee Tribe holds other land in the area, besides the 57,000-acre Qualla Boundary.
“Given the shoot-first-ask-questions-later wording of the tribe’s question in the ballot,” he wrote in his op-ed, “what would prevent enacting legislation that would allow marijuana dispensaries to open on tribal lands in Graham, Swain, and other WNC counties?”
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Photo by Kyle Jaeger
The article Vote this Week Could Make Cherokee Tribe the First Legal Seller of Recreational Marijuana in North Carolina first appeared on Marijuana Moment.
