North Carolina's two senators are questioning a plan by the Eastern Band of Cherokee Indians to grow and sell marijuana on tribal land in the far western corner of North Carolina.

What You Need To Know

  •  The Eastern Band of Cherokee Indians approved a plan last year to grow and sell medical marijuana on tribal land in western North Carolina

  •  The first dispensary is scheduled to open April 20 on the Qualla Boundary, tribal land in the North Carolina mountains

  •  Sens. Thom Tillis and Ted Budd sent a letter to federal, state and local law enforcement asking what they plan to do about marijuana sales on the Qualla Boundary

  • Marijuana remains illegal in North Carolina and in federal law

Qualla Enterprises plans to open The Great Smoky Cannabis Company on April 20. The tribe approved the plan last year to grow and sell medical marijuana. The Tribal Council is still debating whether to make pot legal for anyone 21 and older.

On Tuesday, Sens. Thom Tillis and Ted Budd sent a letter to federal, state and local law enforcement about selling pot on the Qualla Boundary, the name for tribal land in the North Carolina mountains. The Cherokee do not have a designated reservation in North Carolina. 

“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,” the senators wrote.

Tribal leaders have been open with law enforcement agencies about their plans, according to spokeswoman Sheyahshe Littledave.

"This letter was replete with misinformation and inflammatory language that promote fear and misunderstanding," she said in a statement. "The Eastern Band is attempting to enter the medical marijuana field with careful and thorough consideration of all the legal and policy implications of this industry."

"The Eastern Band is establishing a model for safety and responsibility in an industry that is already legal in 36 states, the District of Columbia, and tribal lands across the United States," Littledave said. "It’s a shame that Senator Tillis and Senator Budd did not respectfully communicate their concerns directly to Eastern Band Cherokee leaders, instead choosing a frontal attack on Cherokee sovereignty.”

The letter has 19 questions for law enforcement agencies, including the Justice Department, the Drug Enforcement Administration, the State Bureau of Investigation and the Swain County sheriff. 

Those questions include whether the agencies plan to enforce state and federal statutes that outlaw marijuana. The senators also ask: What happens if the pot is taken over state lines? Is the local district attorney going to work with the sheriff's office to enforce state laws on marijuana? What if the business attracts "transnational criminal organizations" to the Qualla Boundary?