How a Cherokee tribe used tribal sovereignty to open North Carolina's only legal cannabis dispensary

In early June, the Cherokee tribal council voted to allow recreational sales at the tribe's new medical marijuana dispensary in the North Carolina mountains, the first and only place people can legally buy cannabis in the state. Up until that vote, customers needed a medical cannabis card from the tribe's Cannabis Control Board. "Starting as soon as August, that will no longer be the case," The Charlotte Observer said. Despite pushback from North Carolina authorities, this latest vote shows the tribe's determination to exercise Indigenous sovereignty.

'A real sovereign flex'

The Eastern Band of Cherokee Indians opened its cannabis superstore, the Great Smoky Cannabis Company, on April 20th in a renovated bingo hall in the Great Smoky Mountains. A holiday for cannabis enthusiasts, 4/20 is typically the biggest sales day of the year for many cannabis retailers. The store debuted months after the tribe voted to allow the adult use of cannabis on its 57,000-acre territory, known as the Qualla Boundary, and on other lands. 

North Carolina remains one of nine states in the U.S. that still prohibits medical cannabis, and possession of marijuana could lead to jail time under state law. By going against state registration, the band is "exercising its right to set its own rules," said Al Jazeera. "We're not asking permission from the state; we're telling them," Forrest Parker, the general manager of Qualla Enterprises LLC, the tribal-run company that oversees the cannabis business. 

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The tribe is one of 574 federally recognized tribes in the U.S., "each with inherent sovereignty," Al Jazeera said. In other words, they have the right to self-govern." While tribal lands still fall under federal jurisdiction, they are not subject to state authorities. This raises questions about how far tribal sovereignty can go and "whose authority should prevail on Indigenous land." 

"It's unique — a real sovereign flex," John Oceguera, a cannabis lobbyist and former Nevada legislator from the Walker River Paiute tribe, said of the superstore.  

Pushback from state officials

Despite the claims if tribal sovereignty, the opening of a cannabis store has been met with resistance by state officials. In March, two lawmakers wrote a letter to a slew of federal agencies and departments petitioning them for help, said the Cannabis Business Times. Sens. Thom Tillis and Ted Budd, both North Carolina Republicans, addressed the letter to leaders in the U.S. Drug Enforcement Administration, Department of Justice, Department of the Interior, Financial Crimes Enforcement Network and various state agencies. The pair heard "directly from North Carolinians" who had concerns about the new dispensary, the senators said in their letter. With the country facing an "unprecedented drug crisis that is harming our communities," it was imperative that they get answers on how the federal and state governments planned to "uphold current federal and state laws." 

The letter was a separate act from Rep. Chuck Edwards' (R-N.C.) introduction of the Stop Pot Act last September, citing the band's plans to legalize marijuana on tribal land. If passed, the bill could ban states and tribes that permit the use of recreational marijuana from receiving certain federal funds."The laws of any government should not infringe on the overall laws of our nation, and federal funds should not be awarded to jurisdictions that willfully ignore federal law," Edwards said.

Experts say the senators have little ground to stand on to force the dispensary to close. Instead, any action taken by federal and state law enforcement will likely focus on "sussing out any potential violations of federal gaming and cannabis regulations," Al Jazeera said. In the meantime, six tribes from Wisconsin issued a statement of support for the North Carolina tribe in response to the letter from Senators Tillis and Budd. The Eastern Band also held an inter-tribal gathering at the Qualla Boundary earlier this month to show solidarity. The tribe's act has "gotten the attention of tribes like in Idaho where they thought they wouldn't have a chance," said Mary Jane Oatman, leader of the Indigenous Cannabis Industry Association, a national advocacy group. "It offers a model for an organized pathway."