WSOCTV.com News Staff
Thu, September 14, 2023
An operation based out of Cherokee could provide medical marijuana to patients across North Carolina, according to our partners at WLOS in Asheville.
Over the coming weeks, hundreds of medical cannabis patient cards will be headed to North Carolinians who have applied to the Eastern Band of Cherokee Indians (EBCI) medical cannabis program.
ALSO READ: North Carolina medical marijuana bill likely dead for this year, House speaker says
“Just because Cherokee has decided it wants to do this, it doesn’t mean it can speak on behalf of the state of North Carolina. It can’t, or on behalf of the federal government,” Asheville attorney Stephen Lindsay, of the Lindsay Law firm, told WLOS.
The Cherokee’s Cannabis Control Board will reach out to approved patients within the next week. Currently, hundreds of applications are awaiting further information, WLOS reports.
An investigation done by WLOS took a look at legal concerns following the recent approval from the tribe for adult or recreational cannabis.
Currently, the line between North Carolina residents looking for medical marijuana and cannabis on tribal land near Coopers Creek in Swain County is the location for a health professional’s signature, WLOS reports.
ALSO READ: Medical marijuana advances again at North Carolina Senate
The tribe’s Cannabis Control Board’s application form requires documentation of one of 18 conditions and a healthcare professional’s signature. Over 750 people have applied, but incomplete forms have caused the board to reach out to hundreds of applicants, according to WLOS.
A recent thread on Reddit concerning Cheroke’s marijuana program shows certain physicians being hesitant when it comes to providing their signatures for patients, WLOS reports.
A WLOS producer let a crew join her as she headed to her yearly checkup, where she planned to ask about medical marijuana and whether or not the use of it would help her.
“The biggest thing was having trouble sleeping, and we kind of went from there,” the WLOS producer told her doctor.
While at the annual appointment, she brought up issues around anxiety, and if those symptoms met the criteria for a disorder, she was soon met with more questions from her doctor.
“Asking a lot more about my day-to-day life and the things I had already done to try to, you know, like, help with relaxing and kind of calming down at the end of the day,” the producer said.
By the end of the appointment, WLOS reported their producer was steered away from the use of medical cannabis by her health provider.
ALSO READ: NC congressman wants to discourage legalizing marijuana for recreational use
“She leaned more toward natural options that weren’t anything with cannabis or anything like that,” the producer said to WLOS.
WLOS reached out to mountain area health systems, but many wouldn’t address whether they’re discussing signing off on medical cannabis forms with physicians.
Another post on Reddit showed a cancer doctor, based in Hendersonville, who had readily filled out the forms, WLOS reports.
Local holistic physicians would not return calls; instead, WLOS reached out to Lindsay regarding the silence from health systems. Years ago, Lindsay was the lawyer for a doctor convicted of distributing marijuana to patients.
“As long as this gray area, if you will call it that, is out there, I think physicians are going to be reluctant to do something that could be helpful to their patients,” Lindsay told WLOS.
Lindsay went on to explain the two major legal concerns that may be making doctors hesitant to sign off on their patients’ applications.
“From a legal perspective, it’s still unlawful in many states, including North Carolina, right? So, when you have a physician who gets a form where they know this form is going to be used by a patient to purchase or obtain something that’s illegal, two concerns come to mind: one is their license to practice medicine in North Carolina going to think about this,” Lindsay said.
WLOS reports that the state’s medical board has not had “any requests for supportive statements regarding medical cannabis,” and it “has not taken a position” on the matter.
Florida’s medical cannabis program and its state’s Board of Medicine created both training and guidelines for medical staff, including warnings that violators will face consequences, WLOS reports.
ALSO READ: Western North Carolina tribe to vote on broader legalization of adult use of marijuana
“Secondly,” Lindsay told WLOS, “they got a concern about maybe they’re going to get charged. They have taken a step by signing this form to help somebody obtain an illegal substance. Even if it’s not going to be enforced, there’s got to be a concern.”
Over in Wisconsin, tribes have legalized cannabis, but the state has not; the programs are adult-use programs removing medical requirement concerns, WLOS says.
ECBI’s latest vote to approve a recreation/adult-use program is one step closer to the current state in Wisconsin, but currently, with only a medical program in place, your doctor may hesitate or provide alternatives to medical marijuana.
“When you get a form like this and you realize it’s going to be used by somebody for medical care and it’s medical care you’re not directly supervising, wouldn’t you be concerned?” Lindsay said.
In Historic Vote, Eastern Band of Cherokee Indians Legalizes Recreational Marijuana
September 8, 2023·
On Thursday, the Eastern Band of Cherokee Indians (EBCI) voted 2,464 to 1,057 to legalize recreational adult-use marijuana on Cherokee tribal territory, known as the Qualla Boundary.
The vote is not legislation, however, and would require action by the EBCI Tribal Council to make recreational marijuana legal on the reservation. It will be the only place in North Carolina that permits the sale and use of recreational cannabis.
The vote comes less than a week after North Carolina Rep. Chuck Edwards (R) introduced his Stop Pot Act in the House of Representatives. The bill seeks to penalize states and tribes that legalize recreational marijuana. If it passes, it would withhold 10% of federal highway funds from states and federally recognized tribes that receive transportation funding.
“During a time when our communities are seeing unprecedented crime, drug addiction, and mental illness, the Stop Pot Act will help prevent even greater access to drugs and ease the strain placed on our local law enforcement and mental health professionals who are already stretched thin,” Edwards said in a press release on September. 1.
Native News Online reached out to the Eastern Band of Cherokee Indians and learned that yesterday’s election also voted in a new Principal Chief, replacing Richard Sneed with Michell Hicks. Hicks was the Eastern Band’s leader from 2003-2015. A new Tribal Council was voted on as well, and it must first draft a recreational marijuana law. The law could take more than a year to be finalized, voted, and signed by the principal chief and other tribal leaders.
In 2021, the EBCI Tribal Council voted to pass a medical marijuana program. The Tribal Council then created a for-profit medical marijuana business, Qualla Enterprises LLC, to grow, market and sell cannabis. Qualla Enterprises is on the verge of beginning sales at what tribal officials are calling the world’s largest medical super dispensary store.
The business, which is owned by the EBIC, published an opinion article in the Cherokee One Feather on September 6, saying, “Adult Use Cannabis represents another opportunity for our people to lead. While multiple states and tribes across the United States have already legalized Adult Use Cannabis, nowhere in the surrounding region has done so. The Cherokee People can and should be first and reap the benefits of our courage and leadership.”
Qualla Enterprises’ General Manager Forrest Parker said in a July Tribal Council meeting that revenue from cannabis operations is directly tied to the number of people who can legally walk in and buy the product. He also shared data from a study conducted on the enterprise and said that potential gross revenue from its medical cannabis operations starts at $206 million and can approach $578 million by the end of year five.
“If adult use were legalized, revenue could conservatively reach $385 million in the first year and exceed $800 million by year five,” Parker said.
About the Author: "Darren Thompson (Lac du Flambeau Ojibwe) is a staff reporter for Native News Online who is based in the Twin Cities of Minnesota. Thompson has reported on political unrest, tribal sovereignty, and Indigenous issues for the Aboriginal Peoples Television Network, Indian Country Today, Native News Online, Powwows.com and Unicorn Riot. He has contributed to the New York Times, the Washington Post, and Voice of America on various Indigenous issues in international conversation. He has a bachelor\u2019s degree in Criminology & Law Studies from Marquette University in Milwaukee, Wisconsin.
When is Florida’s recreational marijuana amendment on the ballot? Here's when you can vote
Samantha Neely and Brandon Girod, Fort Myers News-Press
Thu, September 14, 2023
Over the past decade, more than 20 states have legalized recreational marijuana. Is Florida next to join that list?
Voters in Florida will get to decide as soon as next year with the measure landing on the 2024 general election ballot.
According to the Pensacola News Journal, the initiative received almost one million verified signatures, well over the 891,523 valid signatures required to qualify for the ballot.
Here’s what Florida voters need to know ahead of time before making a decision in 2024.
Everything on Florida's weed laws: Is weed legal in Florida? Here's what to know about marijuana laws in the Sunshine State
What is marijuana?
Marijuana. Weed. Maryjane, ganja and pot — Oh my! It goes by many names but before discussing what Florida wants to do with it, what is it exactly?
Marijuana is a greenish-gray mixture of the dried flowers of Cannabis sativa, according to the National Institute of Drug Use.
The main psychoactive chemical in marijuana, responsible for most of the intoxicating effects that people seek, is delta-9-tetrahydrocannabinol, or THC. The chemical is found in resin produced by the leaves and buds primarily of the female cannabis plant. The plant also contains more than 500 other chemicals, including more than 100 compounds that are chemically related to THC, called cannabinoids.
When is recreational marijuana on the Florida ballot?
Florida residents will see recreational marijuana on the ballot in Florida as an initiated constitutional amendment on Nov. 5, 2024.
What does Florida's new recreational marijuana ballot measure legalize?
The ballot seeks to legalize marijuana for adults age 21 or older for personal use, to possess, use, process and transport marijuana, marijuana products and accessories. Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use.
It would also allow cultivating nine live marijuana plants per adult with an eighteen-plant maximum per household.
Overall, it would legalize:
Cultivation of nine live marijuana plants with an eighteen-plant maximum per household.
Possession, use, process, display and make marijuana products.
Purchase of up to 3 ounces of marijuana at a time and no more than five grams of cannabis concentrates.
Transport of marijuana, marijuana products and accessories for personal use.
The amendment would not affect or repeal Florida Statutes 112.0455 2020, known as the Drug-Free Workplace Act. It also would not give immunity to federal laws.
It's important to note that the legalization of recreational marijuana would not include any required accommodations for any on-site use of marijuana in correctional institutes, detention facilities, places of education, employment or smoking marijuana in public places.
It will still be unlawful to operate any vehicle, aircraft, train or boat while under the influence of marijuana.
The petition can be read in full here, which fully outlines the proposed constitutional amendments.
Is recreational marijuana federally legal?
No, recreational marijuana is still illegal at the federal level. According to U.S. News, marijuana is classified at the federal level as a Schedule I drug under the Controlled Substances Act, meaning that the government believes it to have no medical use and a high potential for abuse. Cultivating, distributing and possessing marijuana violates federal drug laws.
However, the recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C. so far.
On Oct. 6, President Biden announced he was pardoning people with federal convictions for simple possession of marijuana, USA TODAY reported. The president's pardon also blocks future federal prosecutions for simple possession.
Is marijuana legal at all in Florida?
Marijuana is only legal in Florida once a person has obtained a Medical Marijuana Use Authorization, as outlined in Chapter 381 in Florida Statutes. This law also includes regulations for a user registry, caregiver possession, and treatment centers for purchasing consumable marijuana.
Medical marijuana was adopted by Florida voters back in 2016 by a vote of 71% to 29%.
What are Florida's current marijuana laws?
While medical marijuana is legal in Florida, there are still many laws in place that prohibit the possession, selling and transporting of marijuana, marijuana products and accessories.
Florida marijuana possession laws
Possession charges can have a wide range of penalties. Possessing 20 grams or less is a misdemeanor charge that could lead to one year of jail time and a $1,000 maximum fine. Possessing more than 20 grams becomes a felony and could result in up to five years in jail and a $5,000 fine. Incarceration times go all the way up to 30 years and fines can reach as high as $200,00.
Possessing marijuana within 1,000 feet of a school, college, park or other specified areas is a felony with a mandatory three-year jail sentence and fines up to $10,000.
Possession of paraphernalia is a misdemeanor crime punishable by up to a year in jail and up to a $1,000 fine.
Florida marijuana sale laws
Selling 20 grams of marijuana or less without remuneration is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Selling more than 20 grams is a felony charge punishable with jail time up to 30 years and $200,000 in fines, depending on the volume and whether the sale occurred within 1,000 feet of a school, park, college or other specified area.
DUI after smoking or eating marijuana
All states criminalize driving under the influence of controlled substances. Laws regarding driving while impaired range depending on jurisdictions.
Can you go into a dispensary without a medical marijuana card?
No, you can’t walk into a medical marijuana dispensary in Florida without a card. There are a few exceptions, such as:
Patients already registered in the state’s Office of Medical Marijuana Use (OMMU) registry who don’t have their medical marijuana card on their person can use their driver’s license instead.
Designated caregivers of qualified patients can get authorization to get a separate state caregiver ID card through a certification process. Starting on June 12, non-close relatives applying for a caregiver ID must complete a level 2 background screening through a Livescan Service Provider.
Can tourists with a medical marijuana card stop in and grab something?
No. According to the Florida Department of Health, Florida does not offer reciprocity when it comes to medical marijuana cards.
However, seasonal Florida residents can qualify for a state medical marijuana card. They must show proof of residence and live in the state at least 31 consecutive days each year.
How can you get a medical marijuana card?
Getting a medical marijuana card in Florida is a three-step process involving a diagnosis from a qualified physician for certain medical conditions, registering in Florida’s Medical Marijuana Use Registry and applying for a registry ID.
Step 1
Anyone interested in getting a medical marijuana card should look and see if they have one of the qualifying medical conditions:
Cancer
Epilepsy
Glaucoma
HIV/AIDS
Post-traumatic stress disorder (PTSD)
Amyotrophic lateral sclerosis (ALS)
Crohn’s disease
Parkinson’s disease
Multiple sclerosis (MS)
Medical conditions of the same kind or class as or comparable to the others listed.
A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.
Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition.
The OMMU provides a tool where users can then search for a nearby qualified physician who can provide a diagnosis and recommendation.
Step 2
Once qualified, the patient’s physician will enter them into the registry. The patient must provide the physician with their email to receive a username and temporary password.
Step 3
Patients must then complete an electronic or paper application to receive an ID card. Once an application is approved, a physical ID card will be mailed to the patient. However, a physical medical marijuana ID card isn’t needed to shop at dispensaries. Patients can place orders with their driver’s license.
What states are also trying to legalize recreational marijuana in 2024?
Along with Florida, these states will also see recreational weed on the ballot next year:
Nebraska
Ohio
South Dakota
Tennessee
Which states already allow recreational marijuana?
The recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C.
Colorado
Washington
Alaska
Oregon
Washington, D.C.
California
Maine
Massachusetts
Nevada
Michigan
Vermont
Guam
Illinois
Arizona
Montana
New Jersey
New York
Virginia
New Mexico
Connecticut
Rhode Island
Maryland
Missouri
Delaware
Minnesota
Ohio GOP leaders don't like recreational marijuana. What happens if voters say yes to it?
Haley BeMiller, Columbus Dispatch
Juan Collado D’az of the Sensible Movement Coalition leads other marijuana supporters during a rally at the Ohio Statehouse on April 20. (4/20)
Ohio's top Republican leaders haven't been shy about their opposition to recreational marijuana.
"There are a lot of people who don't do something because it's illegal, believe it or not, and if it's more accessible to whoever's going to buy it, it's going to be more accessible to people who shouldn't be smoking it," Senate President Matt Huffman, R-Lima, said in a recent interview. "It’s really going to be devastating."
Come November, Ohio voters will decide if the state should legalize recreational marijuana. The proposal from the Coalition to Regulate Marijuana Like Alcohol − known as Issue 2 − outlines rules for buying, selling, growing and taxing cannabis for adults 21 and older.
The measure is an initiated statute that would become law if passed, instead of a constitutional amendment. That means it would fall under the jurisdiction of the state Legislature, and Republicans in charge could later tweak or even repeal the measure if approved by voters.
Ahead of the Nov. 7 vote, Huffman and other key leaders aren't showing their hand. But several rank-and-file lawmakers don't think there's enough political will in the GOP-controlled Legislature to thwart the voters' decision.
"There is a lot more bipartisan support privately than publicly for legalization," said Rep. Casey Weinstein, D-Hudson, who's spearheaded legislation for adult-use marijuana. "That’s my sense. My hope is that the voters passing this − which I think the voters will − will give those reticent, quietly supportive lawmakers that permission they’re waiting for."
Would Ohio Legislature repeal marijuana law?
The Ohio Constitution gives lawmaking power to the state Legislature and also outlines the right of citizens to propose laws and amendments. The Ohio Revised Code and constitution don't explicitly say lawmakers can amend or repeal initiated statutes, but they also don't prohibit it.
The Legislature's ability to strike down initiated statutes has never been tested in court, so lawmakers could potentially face a lawsuit if they go that route, said Derek Clinger, an attorney with State Democracy Research Initiative at the University of Wisconsin.
Some states have so-called safe harbor provisions for initiated statutes, an idea that's been floated in Ohio but never acted upon. California's constitution, for instance, requires voter approval to repeal or change any law passed through the initiated statute process. Michigan, Washington, North Dakota and several others enacted time constraints or require a supermajority to scrap citizen initiatives.
Ohio's process got renewed attention during the debate this summer over whether to make it harder to change the state constitution, with some advocates saying initiated statutes are less effective than amendments.
“I’ve never seen one be repealed," said David Waxman, an Ohio attorney who specializes in cannabis law. "That would be extreme anywhere, even in Ohio with a supermajority Republican Legislature. I just don’t see that happening, especially because this is a vote of the citizens of the state. It would be something quite extraordinary if they repealed it."
House and Senate Republicans told the USA TODAY Network Ohio Bureau there have so far been no discussions about Issue 2, and many think a total repeal is unlikely if voters approve it. In the House, any potential response could be complicated by rifts within the GOP caucus that have slowed action on a range of issues.
"There are not a majority of legislators in both chambers that would be pro-repeal," Rep. Ron Ferguson, R-Wintersville, said. "That’s definitely not the case. You would have no Democrats, and there are not enough Republicans to put them in the top."
If passed, the Ohio Legislature would have the power to amend or repeal the recreational marijuana law.
If voters approve Issue 2, the law could still change at some point.
Many specifics of the recreational marijuana program would be handled through administrative rule-making. Under the proposal, the Division of Cannabis Control would set rules for licensing, testing, product standards, investigations and more. The division must also impose THC limits for products that could later be changed or removed.
Beyond that, lawmakers could revisit the statute − immediately or down the road − as they have with the state's medical cannabis program. Weinstein supports Issue 2 but said he'd be open to future changes that make the program more equitable and "economically accessible."
“I would think that the General Assembly would try to work with it if it passes because of the threat of a constitutional amendment," Sen. Bill Blessing, R-Colerain Township, said.
Then there are the Republicans at the top. When asked about Issue 2, House Speaker Jason Stephens, R-Kitts Hill, didn't want to address hypotheticals but said "they call it the revised code for a reason." Huffman said he needs to review the proposed language, but how the vote shakes out − if the support is overwhelming, or if it barely passes − will inform his opinion.
Gov. Mike DeWine, who is staunchly opposed to recreational marijuana, hopes lawmakers never need to have that conversation.
"There’s a lot of discussion that has to take place," DeWine said. "The states that have passed recreational use of marijuana ... have seen some things happen. And I don’t think these are things we want to see in Ohio."
USA TODAY Network Ohio Bureau reporters Jessie Balmert and Anna Staver contributed.
Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.