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Tribal Nation Reclamation: Restoring Ancestral Rights to Plant Medicine

Tribal Nation Cannabis is an act of cultural reclamation.

Illustration by Northwest Leaf/Adobe Stock

As the leaves blaze in hues of sunset glow, we welcome November, marking the start of National Native American Heritage Month — a time when Indigenous communities across the continent prepare their annual harvest as they kick off celebration season. This period of gratitude begins in late October, inviting communities to share in the bounty and reconnect with the earth’s rhythms. This year we celebrate a historic step forward for the reclamation of Cannabis as sacred Indigenous medicine, led by the Eastern Band of Cherokee Indians (EBCI). This bold move symbolizes a unified movement toward Native sovereignty and a celebration of the generational tribal relationship to Earth-grown medicine. 

Native Americans have legal rights over commerce on their lands due to their inherent sovereignty as preexisting nations. This isn’t simply a privilege granted but a right embedded in U.S. treaty laws, which affirm the autonomy of Tribal Nations to govern themselves, including the regulation and sale of commercial goods. 

According to U.S. Code Title 25, Native American tribes retain sovereign rights that include but are not limited to self-determination and control over local law enforcement. This autonomy allows the EBCI to circumvent North Carolina’s statewide prohibition of Cannabis sales, opening up recreational use for adults 21 and older — a decision deeply rooted in the tribe’s sovereignty and underscored by a spiritual connection to the plant and the land. This historic move is not only a reclamation of Native rights but a resurgence of access to a plant medicine that enhances community wellness. 

The U.S. Constitution’s Indian Commerce Clause grants tribes a unique legal status that enables Native communities to build self-sufficient economies, protect cultural heritage, foster land stewardship and assert their place within the nation. This past September, the Eastern Band of Cherokee officially redefined the conversation around Native Cannabis sovereignty. In a state where Cannabis remains illegal federally and locally, the tribe took a courageous stand with the launch of the Great Smoky Cannabis Company, North Carolina’s first Cannabis dispensary backed by in-house production gardens. 

This unprecedented move represents a pivotal turn in U.S.-tribal relations, backed by the 2015 Department of Justice memo supporting tribes’ rights to regulate Cannabis independently of state laws if they meet specific regulatory standards.  

More than just an economic step, the tribe’s decision connects to a cultural reverence for plant medicine — a relationship as old as Native cultures themselves. As Jeremy Wilson, a former member of the Cherokee Tribal Council, shared on NPR, “The Tribe has always looked to the land for healing and sustenance. By allowing the sale of Cannabis, we are only affirming that connection and reclaiming something that was always ours.” 

Public response has been overwhelming. Forrest Parker, general manager of Qualla Enterprises, noted that over 4,000 people visited the dispensary during opening weekend. “It was just an absolutely humbling and insane turnout,” Parker told Blue Ridge Public Radio, reflecting the strong demand for Cannabis and unity surrounding this milestone within the EBCI community. North Carolina residents — many of whom support Cannabis reform — are expected to visit Cherokee territory, creating new streams of employment opportunities and tax revenue set to be reinvestment in tribal services like healthcare, addiction recovery and education.  

Following these bold steps, Commencement Bay, a dispensary on Washington’s Puyallup Nation land, exercised its sovereign rights by reintroducing deli-style Cannabis service. With flowers stored in bulk behind the counter, consumers experience a hands-on connection to the plant. Here, consumers are encouraged to visually examine the flower and even catch a waft of aroma from a freshly cracked mason jar before purchasing. This retail model also empowers consumers to cut back on plastic waste by reusing personal stash jars, reducing landfill impact — a noteworthy, Native-led step toward sustainability. 

This wave of courageous restoration signals a new era where Tribal Nations can lead us back to full-circle, sustainable commerce inspired by Native wisdom. To our Native communities, Cannabis is not merely commerce; it is a legacy of spiritual wellness. We stand in support of all Tribal Nations reclaiming their rights to Earth-grown medicine — an enduring ancestral bond with native plants and their Indigenous history.

This article was originally published in the November2024 issue of Northwest Leaf.

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