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MARIJUANA MOMENT
GOP SENATORS PUSH FOR FEDERAL AND STATE RESPONSE TO INDIAN TRIBE’S 4/20
MARIJUANA SALES PLAN IN NORTH CAROLINA
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POLITICS
GOP SENATORS PUSH FOR FEDERAL AND STATE RESPONSE TO INDIAN TRIBE’S 4/20
MARIJUANA SALES PLAN IN NORTH CAROLINA
Published
16 hours ago
on
March 5, 2024
By
Kyle Jaeger
Two Republican senators are asking federal, state and local officials what steps
they are taking to enforce marijuana prohibition as an Indian tribe prepares to
launch recreational cannabis sales on its lands within North Carolina on April
20.
On Friday, Sens. Thom Tillis (R-NC) and Ted Budd (R-NC) sent a letter with 19
questions about their concerns regarding the Eastern Band of Cherokee Indians
(ECBI) marijuana plan to the U.S. attorney general, Drug Enforcement
Administration (DEA), Department of Interior (DOI), Financial Crimes Enforcement
Network (FinCEN), National Indian Gaming Commission and various North Carolina
state and local law enforcement agencies.
“As our nation is facing an unprecedented drug crisis that is harming our
communities, it is vital to learn what measures your departments and agencies
are taking to uphold current federal and state laws,” they wrote, adding that
the “matter raises multiple questions on how North Carolina communities will be
kept safe.”
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ECBI members approved a referendum last September to legalize adult-use
cannabis, becoming the first jurisdiction within the borders of North Carolina
to enact the reform. More recently, last week the tribe announced that it had
set a target date to open retail sales: April 20, 2024, also known as 4/20.
This follows ECBI’s 2021 move to legalize medical cannabis and register Qualla
Boundary LLC to dispense marijuana to patients. Registration for the program
opened to all North Carolina residents this past June, and in October, the tribe
issued its first round of medical marijuana cards.
“With unclear guidance, it makes it difficult for state and local officials to
uphold the rule of law in our communities,” the senators wrote in their letter.
“In particular, we have the responsibility to ensure our youth are shielded from
untested marijuana products being produced and sold by Qualla Enterprise LLC.”
Tillis and Budd then listed 19 questions that they’re asking officials to
respond to, depending on their jurisdiction.
That includes queries about whether tribes are considered exempt from the
Controlled Substances Act (CSA), whether agencies have concerns about the
potential cannabis shop will attract transnational criminal enterprises, whether
tribes can take land into trust for the purposes of selling cannabis and whether
financial institutions can provide loans and credit to tribes seeking to open a
marijuana business.
The senators are also pressing for answers on whether federal officials allow
gaming profits derived from casinos to be used in support of marijuana ventures.
Ahead of last year’s legalization vote, Qualla Enterprises published an op-ed in
the tribal newspaper, Cherokee One Feather, championing the benefits of
adult-use sales. It compared the opportunity to when, “thirty years ago, the
Cherokee People decided to build a casino.”
“This was highly controversial at the time, in part because nowhere in the
surrounding region allowed gaming,” the company said at the time. “But we were
not afraid to be different. Harrah’s Cherokee Casino has benefited this Tribe
and its members in more ways than we ever imagined.”
The bulk of new jobs created by the policy change, according to the company,
would be filled by enrolled ECBI members. In the medical system as of last year,
84 percent of cultivation employees were tribal members, its op-ed said, “which
represents the highest of any business owned by the tribe.”
The op-ed also pointed to a statewide poll that found 73 percent of North
Carolina residents support legal medical marijuana. And it cited estimates
suggesting the state’s illicit cannabis activity amounted to nearly $3.2 billion
in 2022.
A more recent survey of North Carolinians, conducted by the Meredith Poll and
published last month, found 78 percent support for lawmakers to pass a medical
marijuana bill this year.
The tribe’s moves to legalize despite North Carolina’s ongoing prohibition of
marijuana drew criticism from other politicians, including Rep. Chuck Edwards
(R-NC). Ahead of the election, Edwards, who is not Native, authored an op-ed in
Cherokee One Feather warning that legalization on the tribal land “would be
irresponsible, and I intend to stop it.”
The congressman also filed a bill in the U.S. House that would slash a portion
of federal funding from tribes and states that legalize marijuana.
Then-Principal Chief Richard G. Sneed called the move “a big misstep” at the
time. He told Marijuana Moment that he believed pushback from Edwards and
others may have emboldened tribal members to support the measure.
“The worst thing that a non-Indian elected official can do is tell a sovereign,
federally-recognized Indian tribe how they ought to handle their business,”
Sneed said in an interview.
—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
Marijuana legalization on the Qualla Boundary is expected to eventually bring in
millions of dollars in revenue for the tribe. Forrest Parker, general manager of
the Qualla Enterprises said last July that “If adult-use were legalized, revenue
could conservatively reach $385 million in the first year and exceed $800
million by year five,” according to a Cherokee One Feather report.
Tribal governments in a handful of U.S. states have entered the marijuana
business as more jurisdictions legalize. Notably, in Minnesota, where state
lawmakers passed an adult-use marijuana program last year, tribes are leading
the way.
Minnesota’s cannabis law allows tribes within the state to open marijuana
businesses before the state itself begins licensing retailers. Some tribal
governments—including the Red Lake Band of Chippewa Indians, the White Earth
Nation and the Leech Lake Band of Ojibwe—have already entered the legal market.
It’s believed that in 2020, the Oglala Sioux Tribe, located in South Dakota,
became the first tribe to vote to legalize marijuana within a U.S. state where
the plant remained illegal.
Meanwhile in North Carolina, a state judge recently declared that anyone
who “has the odor of marijuana” will be barred from entering the North Carolina
Superior Courts of Robeson County.
The order, from Senior Resident Superior Court Judge James Gregory Bell, said
that smelling like cannabis is grounds for removal from the courthouse, and the
sheriff will be directed to “ask you to leave and come back without the odor
owns [sic] your persons.”
> Is Mitch McConnell Stepping Down Good For Marijuana Reform? It Depends Who
> Replaces Him
Photo courtesy of Mike Latimer.
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
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Is Mitch McConnell Stepping Down Good For Marijuana Reform? It Depends Who
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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