By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – During its regular session on Thursday, June 5, Dinilawigi (Tribal Council) overrode two vetoes by Ugvwiyuhi (Principal Chief) Michell Hicks regarding cannabis. The vetoes were of Res. No. 464 and Ord. No. 391, both of which were originally passed on May 1.
Res. No. 464 (2025), submitted by Qualla Enterprises, LLC, was passed by Dinilawigi on May 1. It states in part, “Through collaboration with EBCI planning and regulatory programs, in addition to vast research and development at the Coopers Creek Farm, there are no major obstacles or barriers that would keep QE (Qualla Enterprises) from developing this site as planned.”
The legislation further stated that “land within Cherokee Community parcels numbers 85, 13, 65, 58, 57, and 18 be solely dedicated to the original intent, cannabis production by QE, LLC”.
Res. No. 464 was passed by a margin of 62-32 as follows: For – Kolanvyi (Big Cove) Rep. Richard French, Tsisqwohi (Birdtown) Rep. Boyd Owle, Tsalagi Gadugi/Tutiyi (Cherokee Co./Snowbird) Rep. Bucky Brown, Elawodi (Yellowhill) Rep. Tom Wahnetah, Wayohi (Wolftown) Rep. Bo Crowe, Tsisqwohi (Birdtown) Rep. Jim Owle, Aniwodihi (Painttown) Rep. Michael Stamper; Against – Kolanvyi (Big Cove) Rep. Perry Shell, Dinilawigi Vice Chairman David Wolfe, Tsalagi Gadugi/Tutiyi (Cherokee Co./Snowbird) Rep. Adam Wachacha, Dinilawigi Chairman Mike Parker; and Absent – Aniwodihi (Painttown) Rep. Dike Sneed.
In his veto letter on Res. No. 464, dated June 5, Ugvwiyuhi Hicks wrote, “I have vetoed the resolution because I believe more due diligence needs to be performed before the property is dedicated to a single purpose. We need to make sure the parcels can be used for that purpose.”
The letter continues, “The parcels described in Res. No. 464 were purchased by the Tribe under authority of Res. No. 273 (2022), under which the Tribe paid $10,000,000 for 85.328 acres. This property, known as the Jim Cooper property, may end up supporting the use desired by Qualla Enterprises. However, the Tribe needs to perform more due diligence before we can reach that conclusion. At this time, there are unanswered questions regarding the nature and extent of the cultural artifacts buried underground there, what areas can be disturbed or must be left alone, wetlands, how much of the property can actually support cannabis cultivation, and whether other parts of the property are better suited to other uses.”
Prior to the vote regarding the veto, Rep. Wahnetah commented, “This LLC was created to help the Tribe make up the losses from gaming. We all know that gaming is down now. We created this LLC to help alleviate that problem, but we’ve got to give them a chance to do that. And, without the property that was designated to them when it was purchased, they can’t do that. They can’t fulfill their promise to the Tribe of increasing per cap and increasing government funding.”
The veto for Ord. No. 464 was overridden by a vote of 74-26 as follows: Override Veto – Rep. French, Rep. Jim Owle, Rep. Stamper, Rep. Crowe, Chairman Parker, Rep. Wahnetah, Rep. Brown, Rep. Boyd Owle; Uphold Veto – Rep. Sneed, Vice Chairman Wolfe, Rep. Shell, and Rep. Wachacha.
Ord. No. 391 (2025), submitted by James Bradley, an EBCI tribal member, was approved on May 1 by nine Dinilawigi representatives voting for and the following voting against: Vice Chairman Wolfe, Rep. Stamper, and Rep. Brown.
It 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 usable 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.
In his veto letter on Ord. No. 391, Ugvwiyuhi Hicks wrote, “Foremost in my opposition to this ordinance is my concern for the safety of our children. They deserve to be safe in their own homes. Growing marijuana in a private residence creates an attractive danger to curious children and an unacceptable risk of harm. Already, our Cherokee Indian Police Dept., the Family Safety Program, and Juvenile Services Program have had to take action because of minor’s health and safety being compromised due to marijuana being present in the home. Regardless of how safe the proponents of Ord. No. 391 say home grow is, our children deserve our utmost attention and protection.”
It continues, “Additionally, Ord. No. 391 uses the generic term ‘residence’ to describe where home grows may be located. It does not distinguish between the types of residences such as a privately-owned home or a unit rented from the Tribe or a home financed with a loan that may prohibit such activity or violate the provisions of a federal grant. In short, more work needs to be done”.
The veto on Ord. No. 391 was overridden by Dinilawigi by a vote of 75-25 as follows: Override Veto – Rep. French, Rep. Jim Owle, Rep. Crowe, Chairman Parker, Rep. Wahnetah, Rep. Wachacha, Rep. Shell, Rep. Boyd Owle; Uphold Veto – Rep. Sneed, Rep. Stamper, Vice Chairman Wolfe, and Rep. Brown.
Following the vote on this veto, Ugvwiyuhi Hicks stated, “Just this week, there were some children that were involved and tested positive for product, and I don’t think we take this lightly. I think we need to bring this back to the table and figure out how do we create these safety venues for these kids. There’s always going to be differences of opinion. But, I’m going to go home and sleep good tonight because I feel like I’ve done the right thing here this morning on behalf of our children, and I will live with that.”
Both pieces of legislation now go into law.
