By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Three news ordinances were submitted during the Dinilawigi (Tribal Council) regular session on Thursday, June 5. The ordinances, which were all deemed read and tabled, cover topics affecting the Eastern Band of Cherokee Indians (EBCI) including consumption of marijuana while riding on Tribe’s back roads, clarification of language in the Tribe’s Employment/Preference law, and clarification of language regarding allocation of distributions to the Tribe from LLCs.
Tabled Ord. No. 483 (2025) was submitted by EBCI Attorney General Michael McConnell and seeks to amend Cherokee Code Sec. 14-95.12 regarding marijuana.
The whereas section of the legislation states, “Certain marijuana-related activities have come to light that are offensive to some tribal members and are contrary to the intent of the Tribe’s marijuana laws; and the activity in question involves one or more companies, the ownership of which is unknown, driving customers along the Tribe’s backroads in a side-by-side or similar vehicle, while the customers in the passenger area consume marijuana.”
Sec. 14-92.12(a)(11) currently reads, “It shall be unlawful for any person, business, or other entity to: (11) Consume marijuana, hemp, or hemp products while driving a motor vehicle on a highway or public vehicular area as defined as Chapter 20 of the Cherokee Code.”
The proposed amendment would change the section to read, “It shall be unlawful for any person, business, or other entity to (11) Consume marijuana, hemp, or hemp products while driving a motor vehicle or riding on a highway or public vehicular area as defined as Chapter 20 of the Cherokee Code, which shall include the Tribe’s backroads or dirt roads for purposes of this prohibition.”
Tabled Ord. No. 484 (2025) was also submitted by Attorney General McConnell and just cleans up some language in Cherokee Code Sections 95-12 and 95-13.
The whereas section states the purpose of the proposed amendments to Sec. 95-12 and 95-13. “Taken together, those sections state that the first employment preference shall be given to any ‘Local Indian’, an archaic phrase that has outlived its usefulness and which is defined as enrolled members of the EBCI and ‘any member of another federally recognized tribe who resides within the exterior boundaries of the Reservation’.”
It goes on to state, “Sec. 95-12 and Sec. 95-13 should be amended to strike the definition of ‘Local Indian’ and clearly state that EBCI enrolled members and their spouse and children shall have the first preference in employment.”
Tabled Ord. No. 485 (2025) was also submitted by Attorney General McConnell seeks to “clarify the allocation of net profit distributions from limited liability corporations (LLCs) formed under Chapter 55B”.
The whereas section of the proposed legislation states, “The terms ‘Members’ and ‘Tribal members’ are used to describe members of the LLC and also to individual members of the Tribe; and, the use of those terms in Sec. 55B-5.2 is potentially confusing as applied to distributions of net profit of the corporate enterprise of cash to the Tribe for allocation of per capita/GenWell and to the debt service sinking fund.”
The proposed amendment of the Ordinance would change the wording of Sec. 55B-5.2(c) which currently reads, “Distribution shall be as follows: 50 percent of the distributable net profit for Per Capita/GenWell and 50 percent to Debt Service Sinking Fund.”
The proposed amended would change Sec. 55B-5.2(c) to read, “Distribution of the net profit of the corporate enterprise to the Tribe by an LLC formed under this chapter shall be as follows: 50 percent of the distributable net profit for Per Capita/GenWell and 50 percent to Debt Service Sinking Fund.”
These three pieces of legislation are expected to be on the agenda for the July session of Dinilawigi.
