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%. 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. 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. A new feasibility study was approved in 2019, analyzing the pros and cons of medical cannabis legalization.
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. 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 21 with select medical conditions. 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.
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. While nonbinding, the Tribal Council has indicated that they will respect the vote and implement the changes approved by the voters. 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
Chuck Edwards, NC-11 (Republican) Chuck Edwards, U.S. Representative for North Carolina's 11th congressional district, home to the Qualla Boundary, came out in opposition to the proposal, introducing the Stop Pot Act in the 118th Congress, stating: The legislation is intended to withhold ten percent of federal highway funds for governments that violate federal law concerning marijuana. Edwards additionally wrote an opinion piece in The Carolina Journal opposing the referendum. Edwards' proposed legislation and statements concerning cannabis were met with backlash and criticism, with EBCI Principal Chief Richard Sneed criticizing the act as “a major political blunder" in a published statement in the official tribal newspaper. Sneed additionally criticized Edwards' disregard of tribal sovereignty. Greg Murphy, NC-03 (Republican) Murphy co-sponsored the Stop Pot Act.