Expansion of Marijuana Access for Cherokee Indians in North Carolina
In April, the Eastern Band of Cherokee Indians established a medical marijuana facility within their sovereign territory in Cherokee, North Carolina, near Harrah's Cherokee Casino Resort. The facility currently caters to adults aged 21 and above, Cherokee tribe members, as well as non-residents holding a valid medical marijuana card.
The tribe intends to broaden access to recreational marijuana use at their Great Smoky outpost in the coming months. Apart from distribution, the company is involved in cultivation and manufacturing of the cannabis products they sell.
A referendum held last September saw approximately 70% voter support for incorporating recreational use into the tribe's cannabis program. The tribal leadership formalized the adult-use ordinance earlier this week.
Recreational marijuana use will initially be made available to tribal members next month, with plans to extend it to non-tribal members in August.
Cannabis Haven
Located in the southwestern part of North Carolina, the Great Smoky Mountains have been relatively bereft of legal marijuana, despite its increasing acceptance across the US. Surrounding states such as North Carolina, South Carolina, Georgia, and Tennessee prohibit all cannabis use.
The Cherokees' expansion of their marijuana program to recreational use, according to tribal officials, is projected to boost the company's annual gross revenues by $185 million. The Great Smoky Cannabis Company anticipates generating $200 million in first-year revenue from medical sales.
The Cherokees are the only federally recognized tribe in North Carolina and possess an advantageous territory in the southwest of the state, ideally positioned to market cannabis to residents in neighboring Georgia, Tennessee, and Kentucky. The income from recreational cannabis is expected to invigorate the tribe's economy, which largely relies on Harrah's Cherokee and its sister property, Harrah's Cherokee Valley River, in Murphy.
Tribal Autonomy
Though cannabis is still illegal under federal law, the US government has informed states that the Justice Department will not prosecute states deciding to decriminalize marijuana use and possession.
In a 2014 memo from the DOJ, federally recognized tribes were informed that the federal government's non-interference policy towards states regarding marijuana would also apply to more than 500 sovereign tribes and Alaska Native communities. As a result, tribal governments with federal recognition may establish their own marijuana laws.
The Cherokees' cannabis rules mandate that products from the Great Smoky Cannabis Company must be consumed privately and not in public. Consumption within 100 feet of schools, daycares, churches, hospitals, parks, playgrounds, and any other community facilities is prohibited. Violators face a fine of $500, 72 hours of community service, and a substance abuse assessment. Repeated violations may lead to imprisonment.
The tribe reminds non-tribal members that federal laws apply once they leave the Cherokees' tribal lands.
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