By Peyton Majors
Christian Action League
March 8, 2024
North Carolina’s two U.S. senators are raising concerns about a “marijuana superstore” on land governed by the Eastern Band of Cherokee Indians and set to open on April 20th of this year. The joint letter to law enforcement and multiple government officials says that the operation threatens to violate state and federal law.
The controversial dispensary would be controlled by the Cherokee tribe and Qualla Enterprise LLC, which would produce, cultivate and sell marijuana on land in the western part of the state. U.S. Sens. Ted Budd and Thom Tillis sent the letter to eight individuals, including the heads of the Department of Justice, the Department of the Interior, the U.S. Treasury and the U.S. Drug Enforcement Administration. The letter also was sent to a local district attorney and the Swain County sheriff.
The letter says Budd and Tillis have “heard directly from North Carolinians who have communicated their concerns about the” superstore.
“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.
Budd and Tillis raised several concerns. Among them:
— The marijuana would be transported from the farm to the reservation by crossing a state road in Swain County.
— The owners of the business lack a testing lab to “conduct potency and safety assessments of their products.”
— The Controlled Substance Act (CSA) “prohibits the manufacture, distribution, dispensation, and possession of marijuana.”
— Federal anti-money laundering laws “criminalize the handling of proceeds derived from various unlawful activities, including marijuana sales in violation of the CSA.”
— Federal law “requires financial institutions to have policies, record keeping, and processes in place both to ensure that their clients are not engaging in unlawful behavior, such as selling products under CSA.”
— State law bans the sale of marijuana and marijuana paraphernalia.
The letter asks the officials to answer a series of questions about what they are doing to enforce the laws on the books.
“At what point is the transportation of marijuana considered trafficking?” the letter asks. “Are federally recognized tribes immune from state and federal enforcement?”
Further, the letter says, governments “have the responsibility to ensure our youth are shielded” from marijuana.
“This raises multiple questions on how North Carolina communities will be kept safe,” the letter says.
Tribal members last year voted to approve the sale of marijuana on Cherokee land. The dispensary will be located near the Harrah’s Cherokee Casino Resort.
Rev. Mark Creech, executive director of the Christian Action League, thanked Budd and Tillis for addressing the issue.
“Their joint letter to key law enforcement officials underscores the gravity of this situation, emphasizing the need for clarity and action amidst concerns raised by scores of North Carolinians,” Creech said. “With marijuana remaining illegal at the federal and state levels, it is imperative that stringent measures are in place to uphold existing laws. As both Tillis and Budd rightly point out, amidst America’s unprecedented drug crisis, it is essential to ensure that our youth are shielded from the potential risks associated with untested marijuana products.
“Furthermore, their questions regarding the potential implications of the operation, such as the attraction of transnational criminal organizations and the enforcement of transportation laws, underscore the multifaceted nature of the issue. In light of the forthcoming dispensary opening, it is crucial all relevant stakeholders work together to address these concerns and uphold the rule of law. We will be eagerly waiting for responses from the addressed officials and trust their actions will reflect the best interests of our state and its citizens.”
The North Carolina legislature, Creech said, should also weigh in on the issue.
“As representatives of the people of North Carolina, their input and actions are essential for ensuring every aspect of this matter is thoroughly addressed,” Creech said. “The collaboration between our state lawmakers and the General Assembly would reinforce the unified stance of our state government in safeguarding the well-being of our communities and upholding the rule of law.
“We urge the members of the General Assembly to join Senators Budd and Tillis in advocating for transparency, accountability, and the protection of our citizens’ interests.”
