2023 Eastern Band of Cherokee Indians Marijuana Legalization Measure explained

Referendum Question #2
Do you support legalizing the possession and use of cannabis for persons who are at least twenty-one (21) years old, and require the EBCI Tribal Council to develop legislation to regulate the market?
Yes:2,464
No:1,057
Total:3521
Invalid:0
Mapcaption:Referendum results by tribal community (Pending release of certified results)
Date:September 7, 2023
Electorate:6716
Turnoutpct:52.43

Referendum Question #2, the Eastern Band of Cherokee Indians Marijuana Legalization Measure, was a ballot measure in the US that was sent to voters on September 7, 2023, by the Eastern Band of Cherokee Indians Tribal Council. The proposal sought to legalize the recreational use of cannabis on tribal lands for those over the age of 21, and to require the EBCI Tribal Council to adopt legislation to regulate legal cannabis.

According to the EBCI's official results, the measure passed in a landslide, by 70% to 30%.[1] [2] 52.43% of registered voters turned out in the referendum.

Background

As a federally recognized tribe, the Eastern Band of Cherokee Indians' authority to regulate cannabis supersedes North Carolina law, but only on the Qualla Boundary, the tribe's land trust, where it has authority. Off of tribal land, cannabis remains illegal for all purposes in North Carolina, and transporting cannabis off of tribal land constitutes a violation of state law. Historically, federal law concerning cannabis applied to recognized tribes, and it is de jure illegal nationwide, regardless of local jurisdiction. However, August 2013's Cole Memorandum established that the federal government would not enforce these laws in states and federally recognized tribes that legalized and regulated the drug.

Cannabis has been on the tribal government's agenda since 2015. An organization, Common Sense Cannabis, convinced the Tribal Council to approve a feasibility study for legalized cannabis that year, however, the study was vetoed by the Principal Chief at the time, Patrick Lambert.[3] The following year, efforts on cannabis reform were more successful, with the Tribal Council passing a resolution instructing the tribal attorney general to draft legislation legalizing medical cannabis.[4] A new feasibility study was approved in 2019, analyzing the pros and cons of medical cannabis legalization.[5]

Finally, as part of the growing trend of cannabis reform in the United States, in May 2021, the EBCI's Tribal Council voted to decriminalize small amounts of cannabis on tribal land for individuals over 21 years of age.[6] Later that year, in August, the council approved an ordinance establishing the EBCI Cannabis Control Board and legalizing the cultivation, sale, and usage of cannabis for medicinal purposes for individuals over 18 with select medical conditions.[7] Applications for medical cannabis licenses opened up to tribal members in April 2023, and in June 2023, the EBCI permitted all North Carolina residents to apply for a license.[8]

In July 2023, the council voted 56–38 to approve a ballot measure introduced by councilmember Teresa McCoy for the tribe's September 7 general election, intended to legalize recreational cannabis.[9] [10] While nonbinding, the Tribal Council has indicated that they will respect the vote and implement the changes approved by the voters.[11] The referendum additionally does not legalize high-potency cannabis for recreational use, instead placing it under the sole authority of the tribe's medical cannabis program and the EBCI Cannabis Control Board. In the EBCI's elections, only members of the tribe over the age of 18 may vote.

Opposition and support

While widely expected to pass and widely supported amongst the EBCI, the ballot measure encountered opposition from several notable figures. Opponents expressed concerns over violation of federal law and the mental health effects of marijuana, while supporters touted the economic benefits of legalizing the drug. Opposition and support additionally focused on not just whether marijuana should be legalized by the EBCI or not, but whether the tribe had the right to hold the referendum and legalize cannabis, and this section indicates those that took positions on one of or both of these issues.

Opposition

U.S. Representatives

North Carolina State Representatives

Tribal and local officials

Organizations

Support

U.S. Armed Forces officials

North Carolina State Senators

Tribal and local officials

Party officials

Four Democratic Party county chairs released a joint statement in the Cherokee One Feather, indicating their disagreement with Rep. Chuck Edwards on marijuana policy and the referendum, endorsing the right for the EBCI to hold a vote on cannabis.

Organizations

Individuals

Neutrality

Tribal and local officials

Results and impact

By tribal community

Community! colspan="2"
YesNoTotalRVTurnout
Votes%Votes%
Big CoveTo beannouncedTo beannouncedTo beannounced761To beannounced
Birdtown1,725
Cherokee County385
Painttown817
Snowbird516
Wolfetown/Big Y1,601
Yellowhill911
Total2,46469.981,05730.023,5216,71652.43

Impact and significance

According to initial unofficial results, the ballot measure passed by a landslide, with roughly 70% of voters in support and 30% in opposition, making the Eastern Band of Cherokee Indians the first area in a Republican-controlled Southern state to successfully act to legalize recreational marijuana—Virginia, at the time it legalized recreational marijuana, was under a Democratic trifecta. The election results were certified on October 2, 2023, however, official, certified tallies have not yet been released.[26] Legal, recreational sales of the drug are scheduled to begin later in 2023.[27] If Virginia, the first Southern state to legalize recreational cannabis,[28] does not act to authorize recreational sales before this time, then the Qualla Boundary will be the first jurisdiction in the South with legal recreational marijuana sales. In spite of this, however, the EBCI would not be the first tribe within an illegal state to have held a referendum to legalize recreational marijuana—before the vote, the Oglala Lakota Nation of South Dakota did so in 2020,[29] [30] and the Menominee Tribe of Wisconsin did so in 2015.[31]

Recreational cannabis may prove to be a significant driver of tourism and revenue on the Qualla Boundary, as it will be the only location for many miles with legal recreational cannabis, and it is already in the vicinity of the Great Smoky Mountains National Park and Harrah's Cherokee Center, two tourism hotspots in North Carolina.[32]

The vote has also drawn significant attention to the issue of medical marijuana within North Carolina as a whole, where pro-cannabis advocates have been attempting to get the issue passed in the legislature for several years.[33] [34] A successful 'yes' vote has been described by the University of North Carolina at Chapel Hill's radio station, WUNC, as having the potential to impact the issue of cannabis across the entirety of North Carolina, due to the attention that has been placed on the referendum by state and local leaders. On the vote, PBS North Carolina director Kelly McCullen asked, "Is that the camel's nose under the tent?" in reference to how the vote, although amongst a small group, may signal bigger changes for the rest of the state for marijuana.

Principal Chief-elect Michell Hicks has planned to restrict the usage of cannabis in the proximity of schools in light of the referendum's passing. Revenue from legal cannabis sales is expected to be used to fund areas such as housing, healthcare, education, and elderly dental care, among others.[35]

Potential issues

Certain challenges are posed due to the unique legal and geographic situation of the Qualla Boundary.

Legal issues

The facility which the EBCI has established to grow cannabis is located in an enclave surrounded by land that the State of North Carolina has jurisdiction over. In order to deliver cannabis products to the EBCI's dispensary, employees of Qualla Enterprises would have to leave tribal land, constituting a violation of state law. This issue has drawn the attention of Swain County Sheriff Curtis Cochran, issuing a warning, stating:North Carolina Attorney General Josh Stein declined to intervene in the matter, stating “This is an issue that the tribe and local law enforcement will need to work out.”[36]

Fiscal responsibility and transparency

Tribal chief Richard Sneed expressed concerns over the fiscal impact of the cannabis farm, as Qualla Enterprises has not disclosed how it has spent the $31 million allocated to it to begin business operations. His office noted significant discrepancies in the costs of materials Qualla Enterprises has used and the money that Qualla Enterprises has spent.

Preparedness

Sneed, although in support of the decision of the tribe, additionally expressed concern over whether the EBCI was ready for recreational marijuana, as the tribe had not yet finished fully setting up their medical marijuana program. In a statement to NBC News, Sneed said, "I feel like we’re putting the cart before the horse jumping straight to adult use having not even had the experience of running a dispensary under a medical program."

Proper regulation

2023 Principal Chief election candidate Michell Hicks expressed concerns about whether regulations would be implemented to keep the drug away from children, although he supported the measure.

Reactions

U.S. Armed Forces officials

North Carolina State Representatives

Local government institutions

Tribal and local officials

Notes and References

  1. Web site: "Unofficial EBCI General Election results per the EBCI Board of Elections:" . 2023-09-08 . www.facebook.com.
  2. Web site: 10/2/23 Tribal Council 10/2/23 Tribal Council By EBCI Communications Department Facebook . 2023-10-04 . www.facebook.com . en.
  3. Web site: Kays . Holly . Cherokee chief vetoes marijuana study; council upholds veto . 2023-09-13 . smokymountainnews.com . en-gb.
  4. Web site: Kays . Holly . Cherokee moves toward marijuana legalization . 2023-09-13 . smokymountainnews.com . en-gb.
  5. Web site: Kays . Holly . Cannabis legalization under study in Cherokee . 2023-09-13 . smokymountainnews.com . en-gb.
  6. Web site: Kays . Holly . Tribe loosens marijuana laws . 2023-09-08 . smokymountainnews.com . en-gb.
  7. Web site: August 8, 2021 . Medical marijuana now legal in NC on Cherokee land . 2023-09-08 . wfmynews2.com . en-US.
  8. Web site: Emert . Jennifer . 2023-06-20 . NC residents can now apply for Eastern Band of Cherokee Indians' medical cannabis program . 2023-09-08 . WLOS . en.
  9. Web site: admin . 2023-07-14 . Referendum on adult-use cannabis will be on September ballot . 2023-09-08 . The Cherokee One Feather . en-US.
  10. Web site: Eastern Band of Cherokee Indians - File #: 2023 -4202 . 2023-09-08 . easternband.legistar.com.
  11. Web site: Eastern Band of Cherokee vote to legalize recreational marijuana; only place in NC . 2023-09-08 . The Asheville Citizen Times . en-US.
  12. Web site: 2023-09-01 . Edwards introduces legislation to uphold federal marijuana laws . 2023-09-08 . Congressman Chuck Edwards . en.
  13. Web site: 2023-08-18 . The Cherokee people should say no to pot . 2023-09-08 . Carolina Journal - . en-US.
  14. Web site: Marusak . Joe . 6 September 2023 . Republican threatens to ‘defund’ NC tribe on brink of historic marijuana vote . 8 September 2023 . The Charlotte Observer.
  15. Web site: admin . 2023-08-31 . LETTER: Chief Sneed weighs in on Rep. Edwards’ commentary on cannabis . 2023-09-08 . The Cherokee One Feather . en-US.
  16. Web site: McKie . Scott . 2023-09-12 . U.S. Congressman introduces bill to withhold federal funding from state, tribal governments legalizing cannabis . 2023-09-12 . The Cherokee One Feather . en-US.
  17. Web site: 2023-07-28 . As NC lawmakers debate medical marijuana, Eastern Band of Cherokee Indians to vote on recreational use . 2023-09-08 . CBS17.com . en-US.
  18. Web site: Associated Press . 2023-07-18 . Western North Carolina tribe to vote on broader legalization of adult use of marijuana . 2023-09-08 . WLOS . en.
  19. Web site: "When I ran for Congress in 2020, the one thing Madison Cawthorn and I agreed on was marijuana legalization. @ChuckEdwards4NC is fighting to keep criminal penalties for marijuana, which I’m sure is what his owners told him to do, but not his constituents." . 2023-09-08 . X (formerly Twitter) . en.
  20. Web site: "The Eastern Band of Cherokee Indians vote to legalize recreational marijuana by a 2.5 to 1 margin as ⁦@ChuckEdwards4NC fights the will of his constituents to appease his out-of-state owners … I mean donors." . 2023-09-08 . X (formerly Twitter) . en.
  21. Web site: admin . 2023-09-01 . COMMENTARY: A note of encouragement on cannabis policy to the Cherokee people . 2023-09-08 . The Cherokee One Feather . en-US.
  22. Web site: 2023-09-06 . Recreational cannabis is on the ballot this week on the Qualla Boundary . 2023-09-08 . WUNC . en.
  23. Web site: admin . 2023-08-30 . LETTER: Democrats respond to Rep. Edwards' commentary on cannabis . 2023-09-08 . The Cherokee One Feather . en-US.
  24. Web site: admin . 2023-09-06 . COMMENTARY: Reasons to vote "yes" for adult use cannabis . 2023-09-08 . The Cherokee One Feather . en-US.
  25. Web site: Marusak . Joe . 6 September 2023 . North Carolina tribe may legalize recreational marijuana use, expand dispensary sales . 8 September 2023 . The Charlotte Observer.
  26. Web site: 2023-09-08 . Voters in North Carolina tribe back adult use of marijuana in referendum . 2023-09-08 . AP News . en.
  27. Web site: Marusak . Joe . 7 September 2023 . Go inside North Carolina’s only marijuana dispensary as its doors open for first time . 8 September 2020 . The Charlotte Observer.
  28. Web site: 2021-04-07 . Virginia becomes first Southern state to legalize marijuana . 2023-09-08 . AP News . en.
  29. Web site: 2023-09-06 . A tribe's reservation in North Carolina would become the only place in the state to allow the recreational use of marijuana . 2023-09-08 . NBC News . en.
  30. Web site: Zionts . Arielle . 2022-08-22 . Oglala Sioux Tribe embraces recreational marijuana sales . 2023-09-08 . Source New Mexico . en-US.
  31. Web site: Spivak . Cary . Menominee tribe OK on-reservation marijuana use . 2023-09-08 . www.jsonline.com . en.
  32. Web site: Marusak . Joe . 8 September 2023 . Marijuana legalization wins broad support in historic vote by NC Cherokee tribe / Is marijuana legal on North Carolina Cherokee tribal land? . 8 September 2023 . The Charlotte Observer.
  33. Web site: 2023-09-07 . Western NC tribal voters approve recreational marijuana use . 2023-09-08 . Queen City News . en-US.
  34. Web site: 2023-09-06 . Recreational cannabis is on the ballot this week on the Qualla Boundary . 2023-09-08 . WFAE 90.7 - Charlotte's NPR News Source . en.
  35. Web site: Hodge . Rex . 2023-09-08 . Cherokee voters embrace recreational marijuana, marking a historic first in North Carolina . 2023-09-12 . WLOS . en.
  36. Web site: Emert . Jennifer . 2023-07-05 . Seeing green: EBCI advances medical cannabis program amid challenges in North Carolina . 2023-09-08 . WLOS . en.
  37. Web site: 2023-11-01 . What marijuana legalization on NC reservation means for visitors purchasing it . 2023-11-13 . WSPA 7NEWS . en-US.
  38. Web site: McCoy . Teresa . 7 September 2023 . And before I forget, to those of you who supported the Cannabis project... . 2023-09-13 . www.facebook.com.

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