FILED SENATE
Apr 7, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 711
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS15260-MGfa-26B
Short Title: NC Compassionate Care Act. (Public)
Sponsors: Senators Rabon, Lee, and Lowe (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT ENACTING THE NORTH CAROLINA COMPASSIONATE CARE ACT.
3 The General Assembly of North Carolina enacts:
4 SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article
5 to read:
6 "Article 5H.
7 "North Carolina Compassionate Care Act.
8 "§ 90-113.110. Short title.
9 This Article shall be known and may be cited as the "North Carolina Compassionate Care
10 Act."
11 "§ 90-113.112. Legislative findings and purpose.
12 The General Assembly makes the following findings:
13 (1) Modern medical research has found that cannabis and cannabinoid
14 compounds are effective at alleviating pain, nausea, and other symptoms
15 associated with several debilitating medical conditions.
16 (2) As of January 2021, 36 states and the District of Columbia have removed
17 state-level criminal penalties for the medical use, cultivation, and distribution
18 of cannabis, and in enacting this Article, North Carolina now takes similar
19 action to preserve and enhance the health and welfare of its citizens.
20 (3) This Article is intended to make only those changes to existing North Carolina
21 laws that are necessary to protect patients and their doctors from criminal and
22 civil penalties and is not intended to change current civil and criminal laws
23 governing the use of cannabis for nonmedical purposes.
24 (4) The General Assembly enacts this Article pursuant to its police power to enact
25 legislation for the protection of the health of its citizens, as reserved to the
26 State in the Tenth Amendment of the United States Constitution.
27 "§ 90-113.114. Definitions.
28 The following definitions apply in this Article:
29 (1) Adequate supply. – An amount of usable cannabis derived solely from an
30 intrastate source that is possessed by a qualified patient, or collectively
31 possessed by a qualified patient and the qualified patient's designated
32 caregiver, in an amount that does not exceed what is reasonably necessary to
33 assure the uninterrupted availability of cannabis for a period of 30 days, in any
34 form recommended by the qualified patient's physician for the purpose of
35 alleviating the symptoms or effects of the qualified patient's debilitating
36 medical condition.
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1 (2) Bona fide physician-patient relationship. – A treatment relationship between
2 a physician and a patient in which the physician has completed a full
3 assessment of the patient's medical history and current medical condition,
4 including an in-person physical examination, and the physician is available or
5 offers to provide follow-up care and treatment to the patient, including patient
6 examinations, to determine the efficacy of the use of medical cannabis as a
7 treatment for the patient's medical condition.
8 (3) Cannabis. – Marijuana as defined in G.S. 90-87(16).
9 (4) Cannabis-infused product. – A product infused with cannabis that is intended
10 for use or consumption other than by inhalation, smoking, or vaping. The term
11 includes edible products, ointments, and tinctures.
12 (5) Commission. – The Medical Cannabis Production Commission established in
13 G.S. 90-113.124.
14 (6) Debilitating medical condition. – Includes cancer, epilepsy, glaucoma,
15 positive status for human immunodeficiency virus (HIV), acquired immune
16 deficiency syndrome (AIDS), amyotrophic lateral sclerosis (ALS), Crohn's
17 disease, Parkinson's disease, multiple sclerosis, or other debilitating medical
18 conditions of the same kind or class as, or comparable to, those enumerated in
19 this subdivision, and for which a physician provides a written certification.
20 (7) Designated caregiver. – A person who is at least 21 years of age and who has
21 agreed to assist with a qualified patient's medical use of cannabis.
22 (8) Licensed cannabis products facility. – One or more businesses owned and
23 operated by a licensed medical cannabis supplier that produce
24 cannabis-infused products.
25 (9) Licensed medical cannabis center. – One or more businesses owned and
26 operated by a licensed medical cannabis supplier that sell cannabis and
27 cannabis-infused products to registry identification cardholders.
28 (10) Licensed medical cannabis supplier. – A person licensed pursuant to
29 G.S. 90-113.118 to supply cannabis and cannabis-infused products as
30 authorized by this Article. A licensed medical cannabis supplier cultivates
31 cannabis, owns and operates one or more licensed medical cannabis centers,
32 and may own and operate one or more licensed cannabis products facilities as
33 set forth in G.S. 90-113.118.
34 (11) Medical use of cannabis or medical use. – The acquisition, possession, use,
35 internal possession, delivery, transfer, or transportation of cannabis or
36 paraphernalia relating to the administration of cannabis to treat or alleviate a
37 qualified patient's medical condition or symptoms associated with the medical
38 condition or its treatment.
39 (12) Physician. – A person licensed under Article 1 of Chapter 90 of the General
40 Statutes who is in good standing to practice medicine in this State.
41 (13) Qualified patient. – A person who has been diagnosed by a physician as
42 having a debilitating medical condition.
43 (14) Registry identification card. – A document issued by the North Carolina
44 Department of Health and Human Services pursuant to G.S. 90-113.116 that
45 identifies a person as a qualified patient or a designated caregiver.
46 (15) Registry identification cardholder. – A qualified patient or a designated
47 caregiver who holds a valid registry identification card issued by the North
48 Carolina Department of Health and Human Services pursuant to
49 G.S. 90-113.116.
50 (16) Regulated medical cannabis supply system or system. – A system established
51 by the North Carolina Department of Agriculture and Consumer Services
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1 pursuant to G.S. 90-113.118 to provide a safe method for producing and
2 distributing cannabis and cannabis-infused products to registry identification
3 cardholders.
4 (17) Usable cannabis. – The dried buds and mature female flowers of the plant of
5 the genus Cannabis, and any mixture or preparation thereof, that are
6 appropriate for medical use as provided in this Article.
7 (18) Written certification. – A statement in a patient's medical records or a
8 statement signed by a physician with whom the patient has a bona fide
9 physician-patient relationship indicating that, in the physician's professional
10 opinion, the patient has a debilitating medical condition and the potential
11 health benefits of the medical use of cannabis would likely outweigh the
12 health risks for the patient.
13 "§ 90-113.116. Registry identification cards for qualified patients and designated
14 caregivers.
15 (a) Definition. – As used in this section, the term Department means the North Carolina
16 Department of Health and Human Services.
17 (b) Applications, Issuance, and Expiration of Registry Identification Cards. – The
18 Department shall issue or renew a registry identification card to the following individuals:
19 (1) Any individual who applies to the Department on forms prescribed by the
20 Department demonstrating that the individual is a qualified patient with a
21 debilitating medical condition for which a physician has issued a written
22 certification.
23 (2) Any individual who is at least 21 years of age who has (i) been named as a
24 designated caregiver in a registry identification card application submitted by
25 a qualified patient and (ii) agreed to serve as that qualified patient's designated
26 caregiver. The Department may issue a registry identification card to a
27 maximum of two designated caregivers named in a qualified patient's
28 approved application.
29 The Department shall issue a registry identification card to an applicant within 14 days after
30 approving an application or renewal. The initial or renewal registry identification card expires
31 one year after the date of issuance.
32 (c) Qualified Patients Under Age 18. – The Department may not issue or renew a registry
33 identification card to a qualified patient under 18 years of age unless each of the following criteria
34 is met:
35 (1) The qualified patient's physician has explained the potential risks and benefits
36 of the medical use of cannabis to the qualified patient and to a parent,
37 guardian, or person having legal custody of the qualified patient.
38 (2) The qualified patient's physician restricts the qualified patient's use of medical
39 cannabis to a noninhalation consumption method, and the qualified patient
40 and the qualified patient's designated caregivers agree to comply with this
41 restriction.
42 (3) A parent, guardian, or person having legal custody of the qualified patient
43 consents in writing to (i) allow the qualified patient's medical use of cannabis,
44 (ii) serve as one of the qualified patient's designated caregivers, and (iii)
45 control the acquisition of the cannabis, the dosage, and the frequency of the
46 medical use of cannabis by the qualified patient.
47 (d) Review of Applications. – The Department shall verify the information contained in
48 a registry identification card application or renewal application submitted pursuant to this section
49 and shall approve or deny an application or renewal application within 45 days after receipt.
50 (e) Denials and Appeals. – The Department may deny a registry identification card
51 application or renewal application only if the applicant fails to provide the information required
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1 pursuant to this section or if the Department determines that the application or renewal
2 application contains false information. Denials may be appealed by filing a contested case
3 petition under Article 3 of Chapter 150B of the General Statutes. Article 4 of Chapter 150B of
4 the General Statutes governs judicial review of an administrative decision made under this
5 section.
6 (f) Registry Identification Card Information. – Each registry identification card issued
7 by the Department shall contain at least all of the following information:
8 (1) The date of issuance.
9 (2) The date of expiration.
10 (3) A random registry identification number.
11 (4) A photograph of the registry identification cardholder.
12 (g) Notification of Changes. – Individuals issued registry identification cards are subject
13 to all of the following:
14 (1) A qualified patient who has been issued a registry identification card shall
15 notify the Department of any change in the qualified patient's name, address,
16 or designated caregiver and submit a fifty dollar ($50.00) fee to the
17 Department within 15 days after the change occurs. A qualified patient who
18 fails to notify the Department of any of these changes within the specified
19 time frame commits an infraction and is subject to a fine not to exceed more
20 than one hundred fifty dollars ($150.00).
21 (2) A designated caregiver shall notify the Department of any change in name or
22 address and submit a fifty dollar ($50.00) fee to the Department within 15
23 days after the change occurs. A designated caregiver who fails to notify the
24 Department of any of these changes within the specified time frame commits
25 an infraction and is subject to a fine not to exceed one hundred fifty dollars
26 ($150.00).
27 (3) When a qualified patient or designated caregiver notifies the Department of
28 any change, as required by this subsection, the Department shall issue the
29 qualified patient and each designated caregiver a new registry identification
30 card within 10 days after receiving the updated information and the fifty dollar
31 ($50.00) fee.
32 (4) When a qualified patient who possesses a registry identification card notifies
33 the Department of a change in designated caregiver, the Department shall
34 notify the designated caregiver of record of the change within 15 days after
35 receiving notification of the change. The protections afforded under this
36 Article to the designated caregiver of record shall expire 30 days after the
37 designated caregiver of record is notified by the Department of the change in
38 designated caregiver.
39 (5) If a qualified patient or a designated caregiver loses a registry identification
40 card, the cardholder shall notify the Department within 15 days after losing
41 the card. The notification shall include a fifty dollar ($50.00) replacement fee
42 for a new card. Within five days after receiving notification of a lost registry
43 identification card, the Department shall issue the cardholder a new registry
44 identification card with a new random identification number.
45 (h) Suspensions or Revocations. – If the Department determines that a qualified patient
46 or designated caregiver has willfully violated any provision of this Article, the Department shall
47 suspend or revoke the qualified patient's or designated caregiver's registry identification card.
48 Suspensions or revocations may be appealed by filing a contested case petition under Article 3
49 of Chapter 150B of the General Statutes.
50 (i) Confidential Nature of Information Collected by Department. – The following
51 information shall be treated as confidential:
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1 (1) Applications and supporting information submitted by qualified patients,
2 including information regarding their designated caregivers and physicians,
3 are confidential and protected under the federal Health Insurance Portability
4 and Accountability Act of 1996.
5 (2) The Department shall maintain a confidential list of the persons to whom the
6 Department has issued registry identification cards. Individual names and
7 other identifying information on the list are confidential, exempt from the
8 provisions of Chapter 132 of the General Statutes, and are not subject to
9