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Budd, Tillis Demand Plan to Uphold Federal and State Laws as Eastern Band of Cherokee Indians Intend to Produce and Sell Marijuana

Washington, D.C. — Senators Ted Budd (R-NC) and Thom Tillis (R-NC) have sent a letter requesting a plan to uphold current federal and state laws in response to the Eastern Band of Cherokee Indians and Qualla Enterprise LLC establishing an operation to produce, cultivate, and sell marijuana.

The letter was sent to:

  • U.S. Attorney General Merrick B. Garland
  • U.S. Drug Enforcement Administration Administrator Anne Milgram
  • U.S. Department of Interior Secretary Deb Haaland
  • FinCen Director Andrea Gacki
  • District Attorney Ashley Hornsby Welch
  • National Indian Gaming Commission Vice-Chair Jeannie Hovland
  • Swain County Sheriff Curtis Cochran
  • NC State Bureau of Investigation Director Bob Schurmeier

Highlights of the letter include:

“In recent months, we have heard directly from North Carolinians who have communicated their concerns about the Eastern Band of Cherokee Indians (EBCI) and Qualla Enterprise LLC establishing an operation to produce, cultivate, and sell marijuana. 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.”

“This matter raises multiple questions on how North Carolina communities will be kept safe. Under the Controlled Substance Act (CSA) (21 U.S.C. §801 et seq.)) marijuana is classified as a Schedule I substance. The CSA prohibits the manufacture, distribution, dispensation, and possession of marijuana. Federal anti-money laundering (AML) laws criminalize the handling of proceeds derived from various unlawful activities, including marijuana sales in violation of the CSA.”

“Under North Carolina General Statutes (G.S. 90-95, G.S. 90-113.22A, and G.S. 90-94), the possession of marijuana (including medical marijuana) and marijuana drug paraphernalia is still illegal under state law. Tennessee, another state neighboring both North Carolina and the reservation, also has statutes (Tenn. Codes Ann. § 39-17-415, and §39-17-417) in place that continue to make marijuana illegal. With unclear guidance, it makes it difficult for state and local officials to uphold the rule of law in our communities. In particular, we have the responsibility to ensure our youth are shielded from untested marijuana products being produced and sold by Qualla Enterprise LLC.”

Read the full letter HERE.

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