North Carolinians Could Soon Have Access to Adult-Use Cannabis Following Tribal Vote

North Carolina is one of the last nine medical cannabis holdouts in the U.S., but the state’s 21-and-over population could soon have access to adult-use cannabis following a tribal vote Sept. 7 to move forward with reform.  

The Eastern Band of Cherokee Indians (EBCI) approved a cannabis ballot question with a 70% majority, 2,464-1,056, in its general election Thursday, according to unofficial results from the Tribe’s board of elections.

Much like municipal elections in North Carolina, EBCI ordinances require at least 30% of registered voters to cast ballots in order for a referendum to be certified, according to The Charlotte Observer. Regardless of certification, the referendum requires tribal council members to author and approve legislation for a regulated market to commence.

The measure intends to allow anyone 21 and older—tribe members or not—to purchase and possess cannabis on the EBCI’s roughly 57,000-acre Qualla Boundary in the western part of the state, a territory just south of the Great Smoky Mountains National Park (roughly a two-hour car ride from Knoxville, Tenn.)

The EBCI election came less than a week after U.S. Rep. Chuck Edwards, R-N.C., introduced the “Stop Pot Act,” a bill that aims to withhold 10% of federal highway funds for governments with laws permitting non-medical cannabis use. Currently, 23 states and Washington, D.C., have legalized adult-use cannabis.

“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 in a Sept. 1 press release.

Representing a 15-county district that encompasses the Qualla Boundary in the state’s western mountains, Edwards’ introduction of this bill ahead of the EBCI vote appeared to be planned, as the congressman specifically mentioned the upcoming vote in his press release and included the 10% withholding to apply to “any Indian tribe” in the language of his bill.

North Carolina is one of nine states where in the U.S. where medical cannabis, even in restrictive form, is not legal. Bordering states South Carolina and Tennessee also are absent of medical cannabis programs. The exact number of states that have legalized medical cannabis is debated because of certain restrictions within programs, like a 1% THC cap in Texas, a low-THC cannabis oil policy in Georgia, and a weighted-based THC cap in Iowa.

In North Carolina, the state Senate approved a medical cannabis legalization bill via a 36-10 vote in February. While the North Carolina House remains in session this month, House Speaker Tim Moore said July 11 that opposition from his fellow Republicans in the chamber has likely quashed medical cannabis legalization efforts this year.

This inaction by the North Carolina House—for the second straight year—comes after a 2022 WRAL News poll indicated 72% of the state’s likely voters support medical cannabis reform, and a Meredith College poll released in February 2023 showed similar support at 73%.

At the time, Meredith Poll Director David McLennan said, “There may be enough new members in the Legislature to get the legalization of medical marijuana across the finish line in 2023.”

While the support among North Carolina House leaders remains absent in 2023, the EBCI vote to legalize adult-use cannabis via a 70% majority appears to be more in line with the greater electorate of the state.

“Some people take [legalization] as a bad thing, and I can understand where they’re coming from,” Tristin Bottchenbaugh, a 23-year-old barista in the Qualla Boundary, told The Charlotte Observer on Thursday. “But at the same time, I’d rather us smoke than drink.”

The EBCI already approved the sale and use of medical cannabis on its land in 2021, and the tribe regulates laws pertaining to medical cannabis through its Cannabis Control Board. The EBCI is accepting applications from all North Carolina residents for medical cannabis patient cards under this program, which are available to those 21 and older. While the tribe lists 18 health conditions for eligibility, it does not require a doctor recommendation.

So far, the tribe has cultivated $30 million of cannabis with sales available at the Great Smoky Cannabis Co. dispensary (near its established casino resort), which is the only retail location to legally purchase cannabis in North Carolina, the Observer reported.

With the possibility of adult-use sales commencing as soon as December at this dispensary location, the state’s lone cannabis market could generate as much as $385 million in 2024, the news outlet reported.