Cannabis in Cherokee: D.A. Ben David explains what this means in other parts of the state

NEW HANOVER COUNTY, NC (WWAY) — April 20 marked a historic day in North Carolina with the first medical marijuana dispensary opening on tribal land in the mountains. 

Friday WWAY spoke with New Hanover and Pender County District Attorney Ben David to clarify what this means in other parts of the state, including here at home.  

The Eastern Band of Cherokee Indians opened its long-planned dispensary for those with approved medical patient cards. But cannabis is still illegal everywhere off of the reservation. 

“Cherokee nation apparently has started selling medical marijuana for use on the reservation, which is a sovereign territory that is not subject necessarily to the jurisdiction of the state courts,” D.A. Ben David said. 

The Great Smokey Cannabis Company Dispensary opened Saturday in Cherokee and it’s the first of its kind. The dispensary offers around 40 different products, all produced with marijuana grown and processed near the dispensary.  

District Attorney Ben David said although medical marijuana can by legally purchased at that dispensary, you need to be educated on the law.   

“This medical marijuana has to be used there as well. So, the issue becomes about when someone leaves,” David said. “The strong message I would send is this, you don’t just have to follow the law, the law doesn’t follow you. Which means, that even if something is legal some place, but not other places, you have to know what the laws are of that area.” 

David anticipates there will be confusion for both people who choose to buy from the dispensary and also for law enforcement officers.  

“You have to make sure that you’re abiding by whatever territorial jurisdiction you’re in at the moment,” David says. 

Sean Taylor sells CBD products in the Cape Fear. He weighed in on this law change in Cherokee. 

“As far as moving in the direction of the overall legalization, it’s definitely a great benefit. You have to start somewhere,” Taylor said. “So, being that we can actually have this ok, yes, we have a place now where we can buy products here, it’s great for the industry.”  

Taylor said he is curious to see what this does to the hemp market in the area. He said with Cherokee being nearby, people may choose to make that drive and purchase for use there.  

“It also kind of takes away from our store sales, so, it’s not really the best benefit for us. But it’s great for the industry of cannabis,” Taylor said. 

Right now, there are only 12 states, including North Carolina, that have not legalized medical or recreational marijuana use.