FILED SENATE
Feb 27, 2019
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 168
SESSION 2019 PRINCIPAL CLERK
S D
SENATE BILL DRS35043-MG-23
Short Title: Expand Allowable Medical Uses of CBD Oil. (Public)
Sponsors: Senators McKissick and Hise (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT AMENDING THE EXEMPTION FOR USE OR POSSESSION OF CANNABIDIOL
3 AND EXPANDING THE PERMISSIBLE USE OF CANNABIDIOL AS AN
4 ALTERNATIVE TREATMENT TO CHRONIC CONDITIONS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 90-94.1(b) reads as rewritten:
7 "(b) Notwithstanding any other provision of this Chapter, an individual may possess or
8 use hemp extract, and is not subject to the penalties described in this Chapter, if the individual
9 satisfies all of the following criteria:
10 (1) Possesses or uses the hemp extract only to treat intractable epilepsy, as defined
11 in G.S. 90-113.101.autism, multiple sclerosis, Crohn's disease, or
12 Mitochondrial disease.
13 (2) Possesses, in close proximity to the hemp extract, a certificate of analysis that
14 indicates the hemp extract's ingredients, including its percentages of
15 tetrahydrocannabinol and cannabidiol by weight.
16 (3) Is a caregiver, as defined in G.S. 90-113.101."
17 SECTION 2. Article 5G of Chapter 90 of the General Statutes reads as rewritten:
18 "Article 5G.
19 "Epilepsy Alternative Treatment Act.
20 "§ 90-113.100. Short title.
21 (a) This act may be cited as the "North Carolina Epilepsy Alternative Treatment Act."
22 (b) The purpose of this act is to permit the use of hemp extract as an alternative treatment
23 for intractable epilepsy.epilepsy, autism, multiple sclerosis, Crohn's disease, and Mitochondrial
24 disease.
25 (c) The General Assembly finds that there are children individuals in this State suffering
26 from intractable epilepsy epilepsy, autism, multiple sclerosis, Crohn's disease, and Mitochondrial
27 disease for which currently available treatment options have been ineffective. Hemp extract
28 shows promise in treating children with intractable epilepsy.these chronic conditions.
29 "§ 90-113.101. Definitions.
30 The following definitions apply in this Article:
31 (1) Caregiver. – An individual that is at least 18 years of age and a resident of
32 North Carolina who is a parent, legal guardian, or custodian custodian, nurse
33 employed by a home health agency licensed under Part 3 of Article 6 of
34 Chapter 131E of the General Statutes, or other caregiver of a patient and is
35 registered with the Department of Health and Human and Services under
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 General Assembly Of North Carolina Session 2019
1 G.S. 90-113.102 who possesses a written statement dated and signed by a
2 neurologist that states all of the following:
3 a. The patient has been examined and is under the care of the
4 neurologist.neurologist or has been examined and is under the care of
5 a physician who has consulted with the neurologist about the patient's
6 condition.
7 b. The patient suffers from intractable epilepsy.epilepsy, autism, multiple
8 sclerosis, Crohn's disease, or Mitochondrial disease.
9 c. The patient may benefit from treatment with hemp extract.
10 d. The patient's condition has not responded to three or more treatment
11 options overseen by the neurologist or by a physician with whom the
12 neurologist has consulted about the patient's condition.
13 (2) Repealed by Session Laws 2015-154, s. 3, effective July 16, 2015.
14 (3) Database. – The Intractable Epilepsy Alternative Treatment database,
15 established by the Department of Health and Human Services pursuant to this
16 Article.
17 (4) Department. – The Department of Health and Human Services.
18 (5) Hemp Extract. – An extract from a cannabis plant, as defined in
19 G.S. 90-94.1(a).
20 (6) Intractable Epilepsy. – A seizure disorder that, as determined by a neurologist,
21 does not respond to three or more treatment options overseen by the
22 neurologist.
23 (7) Neurologist. – An individual who is licensed under Article 1 of Chapter 90 of
24 the General Statutes, who is board certified in neurology, and is affiliated with
25 the neurology department at one or more hospitals licensed in this State.
26 (8) Patient. – A person who has been diagnosed by a neurologist with intractable
27 epilepsy.epilepsy, autism, multiple sclerosis, Crohn's disease, or
28 Mitochondrial disease by a neurologist or by a physician with whom the
29 neurologist has consulted about the patient's condition.
30 (8a) Physician. – An individual who is licensed under Article 1 of Chapter 90 of
31 the General Statutes who is board certified and is affiliated with one or more
32 hospitals licensed in this State.
33 (9) Repealed by Session Laws 2015-154, s. 3, effective July 16, 2015.
34 "§ 90-113.102. Intractable Epilepsy Alternative Treatment database; departmental duties.
35 (a) The Department shall create a secure and electronic Intractable Epilepsy Alternative
36 Treatment database registry for the registration of neurologists, caregivers, and patients as
37 provided by this Article. All caregivers shall be required to register with the Department. Law
38 enforcement agencies are authorized to contact the Department to confirm a caregiver's
39 registration. The database shall consist of the following information to be provided by the
40 caregivers at the time of registration:
41 (1) The name and address of the caregiver.
42 (2) The name and address of the caregiver's patient.
43 (3) Repealed by Session Laws 2015-154, s. 4, effective July 16, 2015.
44 (4) The name, address, and hospital affiliation of the neurologist recommending
45 hemp extract as an alternative treatment for intractable epilepsy for the
46 patient.patient, and the name, address, and hospital affiliation of any physician
47 with whom the neurologist consults about the patient's condition in making
48 the recommendation.
49 (b) Repealed by Session Laws 2015-154, s. 4, effective July 16, 2015.
50 (c) If at any time following registration, the name, address, or hospital affiliation of the
51 patient's neurologist or physician changes, the caregiver shall notify the Department and provide
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1 the Department with the patient's new neurologist's or physician's name, address, and hospital
2 affiliation."
3 SECTION 3. This act becomes effective December 1, 2019.
DRS35043-MG-23 Page 3


Statutes affected:
Filed: 90-94.1
Edition 1: 90-94.1
Edition 2: 90-94.1
Edition 3: 90-94.1
Edition 4: 90-94.1