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Will recreational marijuana be legal in NC? What to know after Cherokee approved sales

Iris Seaton, Asheville Citizen Times
4 min read

A recent social media update from Cherokee, the site of North Carolina's first and only cannabis dispensary, announced that adult-use recreational marijuana is coming soon.

The Aug. 1 post is a landmark occasion. The Great Smoky Cannabis Co., run by Qualla Enterprises backed by the Eastern Band of Cherokee, will become the first N.C. recreational marijuana dispensary to fully open to adults over the age of 21.

Until the full opening, slated for Sept. 7 according to the recent post, the dispensary sells their wide variety of cannabis products only to those over 21 with a tribal ID or medical marijuana card.

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As the dispensary is run by Cherokee, a sovereign nation located on the Qualla Boundary that has its own elections, laws, government and institutions, the area can have different legislation around cannabis regulation than N.C. as a whole.

Republican Rep. Chuck Edwards - along with several other NC politicians - have promised to stay committed to their opposition to legalizing recreational marijuana in Western North Carolina. Edwards introduced the "Stop Pot Act," which threatened to remove 10% of federal highway funding from states and tribes that sell legal marijuana. However, the bill failed to pass a referral to a subcommittee under the Transportation and Infrastructure Committee.

Here's what else to know about marijuana legality in NC.

More: Eastern Band of Cherokee announce opening date for recreational marijuana; 1st in NC

Is medical marijuana legal in North Carolina?

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.

In 2021, marijuana was legalized for medical use in Cherokee, which is self-governed and autonomous as a sovereign nation located on the Qualla Boundary. This year, the Great Smoky Cannabis Co.'s April opening drew hundreds of eager customers. However, laws that make medical cannabis sales legal at the Cherokee dispensary pertain only to tribal land.

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Medical marijuana cards are available to eligible individuals on the EBCI website. It remains illegal to transport cannabis out of Cherokee, regardless of medical status. A medical cannabis patient card does not prevent or act as a defense to prosecution by the Federal or North Carolina state government.

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Is recreational weed legal in North Carolina?

While customers of the Great Smoky Cannabis Co. currently must meet the medical standards in place in order to purchase cannabis products, the company's recent post has stated that this will change.

The announcement stated that the sale of recreational marijuana for adults ages 21 and older will begin at 10 a.m. on Sept. 7.

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Is delta 8 legal in North Carolina?

While marijuana is not legal for recreational or medical use in N.C., a popular loophole in hemp legislation has made it possible to get legally stoned.

Laws around cannabis largely revolve around psychoactive chemical delta-9 THC. Delta-8 THC, however, is not mentioned in the legislation. This has led many N.C. hemp businesses to begin extracting the compound from plants or converting other compounds like CBD into delta-8. If you've seen weed sold at gas stations, tobacco stores or anywhere else, it's likely psychoactive "delta-8" or a similar compound.

It's worth mentioning that, while delta-8 causes a "high," the FDA has not evaluated or approved it as safe for consumption, meaning that delta-8 products are not regulated by the FDA and could therefore be harmful to your health.

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Which states have legalized weed?

There are currently 24 states where cannabis is fully legal. Every state on this list had authorized medical marijuana prior to full legislation. The states include:

  • Ohio: Legalized in 2023

  • Minnesota: Legalized in 2023

  • Delaware: Legalized in 2023

  • Rhode Island: Legalized in 2022

  • Maryland: Legalized in 2022

  • Missouri: Legalized in 2022

  • Connecticut: Legalized in 2021

  • New Mexico: Legalized in 2021

  • New York: Legalized in 2021

  • Virginia: Legalized in 2021

  • Arizona: Legalized in 2020

  • Montana: Legalized in 2020

  • New Jersey: Legalized in 2020

  • Vermont: Legalized in 2020

  • Illinois: Legalized in 2019

  • Michigan: Legalized in 2018

  • California: Legalized in 2016

  • Maine: Legalized in 2016

  • Massachusetts: Legalized in 2016

  • Nevada: Legalized in 2016

  • District of Columbia: Legalized in 2014

  • Alaska: Legalized 2014

  • Oregon: Legalized in 2014

  • Colorado: Legalized in 2012

  • Washington: Legalized in 2012

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Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at [email protected].

This article originally appeared on Asheville Citizen Times: Is weed legal in North Carolina? What to know about Cherokee operation

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