Eastern Band of Cherokee set to vote on recreational marijuana; When could sales begin?

The Eastern Band of Cherokee Indians' Tribal Council is set to vote to amend EBCI code to allow the sale of recreational marijuana on the Qualla Boundary. If the June 6 vote passes, the Eastern Band would take a major step to establish North Carolina's first recreational marijuana market, despite the drug being illegal outside of the Qualla Boundary.

However, if the amendment is passed, recreational marijuana sales will not start immediately.

During a May 30 work session, officials from the EBCI-backed Great Smoky Cannabis Co., estimated it would take the dispensary "60-75 days" to open to the general public if the vote is passed. The timeline sets the opening of North Carolina's first recreational cannabis market for the end of this summer.

The Great Smoky Cannabis Co., run by the EBCI-backed Qualla Enterprises LLC, opened for medical marijuana sales on April 20, making it the first marijuana dispensary to open in North Carolina.

The Eastern Band of Cherokee Indians' marijuana farm off of Coopers Creek Road on the Qualla Boundary in Cherokee, North Carolina April 20.
The Eastern Band of Cherokee Indians' marijuana farm off of Coopers Creek Road on the Qualla Boundary in Cherokee, North Carolina April 20.

Though a September referendum indicated overwhelming support for the practice, the dispensary could not open for recreational sales due to the Tribal Council not yet passing an amendment to Cherokee Code to allow adult use.

During the work 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 business, which is sponsored by the EBCI, 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 adult use market" that will be operating out of the single dispensary, Parker said. 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 amendment.

Two people look at the cannabis "Flower Room" display at the Great Smoky Cannabis Co. dispensary on the Qualla Boundary in Cherokee, North Carolina April 20.
Two people look at the cannabis "Flower Room" display at the Great Smoky Cannabis Co. dispensary on the Qualla Boundary in Cherokee, North Carolina April 20.

"We've got to on board quite a few folks. We've got to train," Parker said during the May 30 meeting. "We have to have the proper people in the right positions trained so that we can be diligent, reduce our risk, make sure we are being compliant."

When asked by Tribal Council member Jim Owle whether the dispensary had enough product to sustain a recreational market, Parker said "there is a concern" the dispensary could run out of a certain product, but that staff intend to make sure it doesn't happen.

EBCI Chief Michell Hicks advocated for more language regarding testing standards and advocated for the Tribal Council to "clean up" language regarding the practice.

"I do believe at any point in time, the tribe should have a right to test any products that are being sold," Hicks said during the meeting.

Local reaction to potential EBCI recreational marijuana sales?

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.

The Citizen Times reached out to Welch's office June 4.

Just last month, President Joe Biden's administration 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.

A cannabis plant grow room in the Eastern Band of Cherokee Indians' Great Smoky Cannabis Co. dispensary in Cherokee, North Carolina. April 20, 2024.
A cannabis plant grow room in the Eastern Band of Cherokee Indians' Great Smoky Cannabis Co. dispensary in Cherokee, North Carolina. April 20, 2024.

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 show proof of one or more of the following 17 conditions:

  1. Acquired immune deficiency syndrome.

  2. An anxiety disorder.

  3. An autism spectrum disorder.

  4. An autoimmune disorder.

  5. Anorexia nervosa.

  6. Cancer.

  7. Dependence upon or addiction to opioids.

  8. Glaucoma.

  9. 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.

  10. A medical condition related to the human immunodeficiency virus.

  11. Post-traumatic stress disorder.

  12. Crohn’s disease.

  13. Sickle cell anemia.

  14. Amyotrophic lateral syndrome.

  15. Parkinson’s disease.

  16. A condition resulting in the patient receiving Hospice care.

  17. 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 at https://ebci-ccb.org.

To learn about medical marijuana sale regulations, visit the Great Smoky Cannabis Co. website at www.greatsmokycannabisco.com.

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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 [email protected]. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: NC Cherokee to vote on recreational marijuana amendment