By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – People with a Medical Cannabis Patient Card can now grow their own cannabis again on tribal lands of the Eastern Band of Cherokee Indians, under certain restrictions. Dinilawigi (Tribal Council) passed Ord. No. 391 (2025) which amends Cherokee Code Section 17-80 “so that people with medical cannabis patient cards may cultivate cannabis in their homes”, per the legislation.
James Bradley, a member of the Eastern Band of Cherokee Indians, submitted the legislation. Following its passage during the regular session of Dinilawigi on Thursday, May 1, he told the One Feather, “I would like to thank Tribal Council for restoring the right to grow for medical patient card holders. It is extremely important as Cherokee people that we are able to grow our own herbal medicines in the privacy and safety of our homes.”
Ord. No. 391 (2025) amends Cherokee Code Section 17 to replace the entirety of Sec. 17-80 (Exemption from tribal prosecution for certain acts involving marijuana.)
The new Sec. 17-80(c) reads, “The exemption from tribal prosecution set forth in subsection (b) applies only to the extent that a person who holds a valid patient identification card of such a person: (1) Engages in the medical use of marijuana in accordance with the provisions of this Chapter as justified to mitigate the symptoms or effects of a person’s chronic or debilitating medical condition; and (2) Do not, at any one time, collectively possess with another who is authorized to possess more than (i) Sixteen (16) ounces of usuable marijuana (one pound); (ii) Eight (8) marijuana plants, no more than four (4) of which may be mature and/or flowering at any one time.”
The new Sec. 17-80(g) addresses the intent to make sure that cannabis cultivation is only for adults. It states, “A person who cultivates marijuana pursuant to this section must take reasonable precautions to ensure the marijuana plants are secure from unauthorized access or access by a person under 21 years of age. For purposes of illustration and not limitation, cultivating marijuana in an enclosed, locked space that persons under 21 years of age do not possess a key constitutes reasonable precautions.”
Home grow was allowable previously under the EBCI’s cannabis laws until Ord. No. 63 (2024) removed the language.
Bradley was thrilled to see it added back with the passage of his legislation. “Restoring rights and expanding rights and opportunities to enrolled members is something that all of Tribal Council should fight for, and I hope they continue to do so. This is only the first step in my fight to give enrolled members more opportunities within the cannabis Industry that we voted to allow. Thank you to all those who reached out to me or stopped me to share your thoughts. Your support has been so important to me, and I can’t thank you enough.”
Ord. No 391 was approved by nine Dinilawigi representatives voting for and the following voting against: Vice Chairman David Wolfe, Aniwodihi (Painttown) Rep. Michael Stamper, and Tutiyi – Tsalagi Gadugi (Snowbird – Cherokee Co.) Rep. Bucky Brown.
The EBCI Cannabis Control Board issues Medical Cannabis Patient Cards. Visit https://ebci-ccb.org to apply for a Card online. If you have questions, they can be contacted at (828) 229-8650 or email to info@ebci-ccb.org.
