While other states have moved to legalize the drug, cannabis has remained illegal in North Carolina. Yet, the sale of medical marijuana might soon begin in a part of the state that is also a sovereign nation — the Eastern Band of Cherokee Indians’ Qualla Boundary.

The EBCI is planning to officially launch the Great Smoky Cannabis Co. dispensary, managed by Qualla Enterprises, on April 20. It will be the first marijuana dispensary to open in North Carolina after the EBCI approved the sale of medical marijuana in 2021.

But this isn’t a free-for-all, open-to-the public dispensary. Before you take the trip out to the Qualla Boundary in the Great Smoky Mountains — not to be confused with Great Smoky Mountains National Park — here’s what you need to know.

Who will be able to purchase cannabis?

On March 25, The Great Smoky Cannabis Co. announced that the dispensary would only be open for the sale of medical marijuana on April 20.

Only those with an EBCI medical cannabis patient card or an out-of-state approved medical marijuana card will be eligible to purchase at the dispensary when it opens, according to a March 25 press release from the dispensary.

Where is the dispensary?

Located on the Qualla Boundary, Cherokee is a sovereign nation that has its own elections, laws, government and institutions that are self-governed and autonomous.

The Eastern Band of Cherokee Indians are one of three federally recognized sovereign nations that were once part of the larger Cherokee Tribe prior to the Trail of Tears forced removal from their land in Western North Carolina, according to the ECBI website. The other two, Cherokee Nation and the United Kituwah Band, are located in Oklahoma.

Cherokee is not to be confused with Cherokee County, North Carolina, of which parts of the Qualla Boundary are located.

Great Smoky Cannabis Co. is located at 91 Bingo Loop Road in Cherokee.

The dispensary opens at 10 a.m. April 20, and features over 10,000 square feet of retail space, three drive-through windows and a glass shop.

How much will you be able to buy?

Great Smoky Mountain Cannabis recently announced that the sale of medical marijuana will have some purchase limits.

Customers can only buy up to 1 ounce of dry cannabis flower at the dispensary per day, according to a post on the Great Smoky Mountain Cannabis Instagram. The monthly limit is 6 ounces.

As for concentrated THC products, they limit the purchase of 2,500 milligrams of concentrated THC per day. The monthly limit is 10,000 milligrams.

Why not recreational?

The dispensary is on the land of the Eastern Band of Cherokee Indians, where medical marijuana was legalized in 2021.

A September referendum on recreational marijuana indicated support for the recreational sale of the drug, but the ECBI Tribal Council has yet to pass a resolution officially allowing the recreational sale and use of marijuana.

Another Tribal Council work session on a recreational marijuana resolution is planned for 9 a.m. April 18, Tribal Council Chairman Mike Parker announced during the April 4 Tribal Council meeting.

What about legalization in North Carolina?

The possession, sale and distribution of marijuana is currently illegal under current North Carolina general statutes.

However, some low-THC products have been legalized under a 2021 state law. The law allows the sale of products with no more than 0.3% of delta-9, allowing the sale of cannabinoids like THCa and CBD.

District Attorney Ashley Hornsby Welch said that she fully intends to “enforce state laws,” even as the dispensary opens. Welch is the chief criminal prosecutor in Prosecutorial District 43, which includes Cherokee, Clay, Graham, Haywood, Jackson, Macon and Swain counties.

“The mission, duty and privilege of the 43rd Prosecutorial District is to enforce state laws. We do not pick certain laws to enforce and ignore others,” Welch said in a April 3 statement regarding the dispensary.

The Great Smoky Cannabis website also comes with a disclaimer: “Upon leaving North Carolina’s Qualla boundary, individuals are subject to state laws, including those regarding cannabis. We recommend that individuals familiarize themselves with their relevant state laws and regulations governing cannabis activities outside of the Qualla boundary.”

The opening of the dispensary has also drawn the ire of Republican Rep. Chuck Edwards — who is running for reelection — and the state’s two senators, Thom Tillis and Ted Budd. Edwards introduced the Stop Pot Act in September, which would penalize states and tribes with legalized marijuana, taking 10% of their federal highway funds.

The act failed to advance past a Sept. 5 referral to a subcommittee under the Transportation and Infrastructure Committee, the Citizen Times reported March 20.

The act has received a critical response from Democratic State Rep. Caleb Rudow — who is running for congress — and EBCI Chief Michell Hicks, who advocated against Edwards’ efforts citing the medicinal qualities of marijuana and tribal sovereignty, the Citizen Times previously reported.

Which states have legalized cannabis?

After Ohio legalized the drug in late 2023, nearly half of the United States has now legalized the drug, as reported by USA TODAY. North Carolina is not one of them.

Here’s a list of states that have legalized recreational cannabis and when it was made official:

• Ohio: 2023
• Minnesota: 2023
• Delaware: 2023
• Rhode Island: 2022
• Maryland: 2022
• Missouri: 2022
• Connecticut: 2021
• New Mexico: 2021
• New York: 2021
• Virginia: 2021
• Arizona: 2020 
• Montana: 2020
• New Jersey: 2020
• Vermont: 2020
• Illinois: 2019
• Michigan: 2018
• California: 2016
• Maine: 2016 
• Massachusetts: 2016
• Nevada: 2016
• District of Columbia: 2014
• Alaska: 2014
• Oregon: 2014
• Colorado: 2012
• Washington: 2012

Contributing: Orlando Mayorquin and Anna Kaufman, USA TODAY

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Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at WHofmann@citizentimes.com. Please help support this type of journalism with a subscription to the Citizen Times.