Smoky Dispensary Launches Cannabis Sales in Cherokee Territory

North Carolina’s First Recreational Marijuana Sales Kick Off on Eastern Band of Cherokee Indians Land, Drawing Crowds While State Laws Remain Unchanged

In a historic event for North Carolina, the Eastern Band of Cherokee Indians (EBCI) officially launched recreational marijuana sales on Saturday, Sept. 7, 2024, at the Great Smoky Cannabis Dispensary. The occasion marked a significant moment, drawing large crowds as people gathered to be part of the state’s first-ever legal recreational cannabis market. The sales come while marijuana remains illegal across the rest of the state, creating a unique legal dynamic.

Crowds Gather for the First Day of Sales

The scene outside the Great Smoky Cannabis Dispensary, located within the Qualla Boundary in western North Carolina, was one of excitement. People lined up early, eager to take part in the historic event. George, one of the many customers who had been waiting in line, expressed his anticipation.

“I think each and every one of us has been waiting for this to happen,” he said.

The dispensary initially opened on April 20, 2024, for medical cannabis purchases, but recreational sales became a reality after a July referendum. The EBCI had previously legalized medical marijuana in 2021 through an ordinance that paved the way for the broader recreational market. Saturday’s sales launch solidified the tribe’s stance as a trailblazer in marijuana regulation within the state.

Cherokee Nation’s Role in Legalization

Boyd Allen, a representative of the Cherokee tribal leadership, spoke proudly of the tribe’s decision to embrace both medical and recreational cannabis.

“We’re a sovereign nation, so we set it up to let people come visit, explore our community, visit our people, just come in and help themselves to any cannabis need they need,” Allen said.

The Eastern Band of Cherokee Indians has the authority to create its own laws within the Qualla Boundary, the tribe’s sovereign territory, which includes the dispensary. Their decision to legalize and regulate cannabis is part of a broader effort to expand the tribe’s economic opportunities, much like their success in the gaming industry.

North Carolina Laws Remain Unchanged

While recreational marijuana is now legal within the Qualla Boundary, North Carolina’s state laws on cannabis remain unchanged. Marijuana remains illegal throughout the rest of the state, including in Swain County, which borders Cherokee land. Local law enforcement has emphasized that while the tribe can govern its own territory, the state’s laws will still be enforced outside of the Qualla Boundary.

In a statement earlier this year, Swain County Sheriff Curtis Cochran emphasized that visitors should be mindful of the legal differences once they leave tribal lands.

“They need to educate their people up there that when they come off the boundary, they’re in a different world,” Cochran said. “We’ll educate them if we catch them with it. We’ll charge them for it.”

This legal disconnect means that anyone purchasing marijuana legally on Cherokee land must be cautious when transporting it or using it outside the tribe’s territory, as they could still face charges under state law.

Tribes Leading the Way in Regulation

For Saturday’s opening event, attendees included representatives from other tribal nations who shared in the celebration of the EBCI’s milestone. Among them was Bill Trebanier, a council member from the Lac Courte Oreilles tribe in Wisconsin. Trebanier praised the Eastern Band of Cherokee Indians for setting an example for how tribal nations can lead in cannabis regulation, much like they’ve done with other industries, including gaming.

“The tribes really are going to lead the way because we regulate things heavily, like gaming,” Trebanier said. “So, we know what we’re doing when it comes to regulation. We can show the states and these governments how there’s a path forward.”

A Pioneering Moment Amidst Legal Uncertainty

The launch of recreational marijuana sales by the Eastern Band of Cherokee Indians is being hailed as a groundbreaking development for North Carolina. However, it also highlights the ongoing divide between tribal and state regulations. While tribal nations like the EBCI are forging ahead with cannabis legalization, the broader state government has yet to follow suit.

For now, the Great Smoky Cannabis Dispensary remains the only place in North Carolina where individuals aged 21 and older can legally purchase recreational marijuana. It is unclear whether the state will consider changing its laws in response to the EBCI’s actions, but the tribe has set a precedent that could influence future policy discussions in North Carolina and beyond.

As the first recreational marijuana sales in North Carolina get underway on Cherokee land, the Eastern Band of Cherokee Indians continues to assert its sovereignty, leading the way in cannabis regulation. Despite the legal complexities that remain outside their borders, the tribe’s historic move demonstrates the growing influence of tribal nations in shaping the future of marijuana laws in the United States.