Bill Summary – FastDemocracy

H.B. 858
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               May 4, 2021
                                      SESSION 2021                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                    HOUSE BILL DRH40478-MG-16
     Short Title:   Permit Cannabis Medical Research Studies.                                     (Public)
     Sponsors:      Representative Martin.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT PERMITTING CANNABIS MEDICAL RESEARCH STUDIES.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 90-94.1 reads as rewritten:
 "§ 90-94.1. Exemption for use or possession of hemp extract.cannabis.
     (a)     As used in this section, "hemp extract" means an extract from a cannabis plant, or a
 mixture or preparation containing cannabis plant material, that has all of the following
 characteristics:
             (1)     Is composed of less than nine-tenths of one percent (0.9%)
                     tetrahydrocannabinol by weight.
             (2)     Is composed of at least five percent (5%) cannabidiol by weight.
             (3)     Contains no other psychoactive substance.
     (a1) As used in this section, "cannabis" has the same meaning as "marijuana" in
 G.S. 90-87.
     (b)     Notwithstanding any other provision of this Chapter, an individual may possess or
 use hemp extract, cannabis and is not subject to the penalties described in this Chapter, if the
 individual satisfies all of the following criteria:
             (1)     Possesses or uses the hemp extract only cannabis to treat intractable epilepsy,
                     as defined in G.S. 90-113.101.one or more medical conditions if the quantity
                     of usable cannabis possessed does not exceed an adequate supply, as
                     determined by the patient's physician.
             (2)     Possesses, in close proximity to the hemp extract, a certificate of analysis that
                     indicates the hemp extract's ingredients, including its percentages of
                     tetrahydrocannabinol and cannabidiol by weight.cannabis a written
                     certification, as defined in G.S. 90-113.101.
             (3)     Is a caregiver, as defined in G.S. 90-113.101.
     (c)     Notwithstanding any other provision of this Chapter, an individual who possesses
 hemp extract cannabis lawfully under this section may administer hemp extract cannabis to
 another person under the individual's care and is not subject to the penalties described in this
 Chapter for administering the hemp extract cannabis to the person if the individual is the person's
 caregiver, as defined in G.S. 90-113.101.
     (d)     Any individual who possesses or uses hemp extract, cannabis, as defined under this
 section, shall dispose of all residual oil from the extract any unused portions at a secure collection
 box managed by a law enforcement agency. No criminal penalty shall attach for any violation of
 this subsection."
             SECTION 2. Article 5G of Chapter 90 of the General Statutes reads as rewritten:
                                     *DRH40478-MG-16*
     General Assembly Of North Carolina                                                    Session 2021
                                             "Article 5G.
                           "Epilepsy Cannabis Alternative Treatment Act.
 "§ 90-113.100. (Repealed effective July 1, 2021) Short title.
     (a)    This act may be cited as the "North Carolina Epilepsy Cannabis Alternative Treatment
 Act."
     (b)    The purpose of this act is to permit the use of hemp extract cannabis as an alternative
 treatment for intractable epilepsy.medical conditions.
     (c)    The General Assembly finds that there are children makes the following findings:
            (1)      There are individuals in this State suffering from intractable epilepsy medical
                     conditions for which currently available treatment options have been
                     ineffective. Hemp extract ineffective.
            (2)      The available treatment options for many medical conditions have side effects
                     with greater risks than cannabis or the treatment options can be improved
                     when combined with cannabis.
            (3)      Cannabis shows promise in treating children with intractable
                     epilepsy.individuals for a variety of medical conditions.
 "§ 90-113.101. (Repealed effective July 1, 2021) Definitions.
     The following definitions apply in this Article:
            (1)      Cannabis. – Has the same meaning as "marijuana" in G.S. 90-87 and refers to
                     quantities of 1.5 ounces or less.
            (1a) Caregiver. – An individual that is at least 18 years of age and a resident of
                     North Carolina who is a parent, legal guardian, or custodian of a patient and
                     is registered with the Department of Health and Human and Services under
                     G.S. 90-113.102 who possesses a written statement dated and signed by a
                     neurologist physician that states all of the following:
                     a.      The patient has been examined and is under the care of the
                             neurologist.physician.
                     b.      The patient suffers from intractable epilepsy.a medical condition.
                     c.      The patient may benefit from treatment with hemp extract.cannabis.
            (2)      Repealed by Session Laws 2015-154, s. 3, effective July 16, 2015.
            (3)      Database. – The Intractable Epilepsy Cannabis Alternative Treatment
                     database, established by the Department of Health and Human Services
                     pursuant to this Article.
            (4)      Department. – The Department of Health and Human Services.
            (5)      Hemp Extract. – An extract from a cannabis plant, as defined in G.S.
                     90-94.1(a).
            (6)      Intractable Epilepsy. – A seizure disorder that, as determined by a neurologist,
                     does not respond to three or more treatment options overseen by the
                     neurologist.
            (7)      Neurologist. – An individual who is licensed under Article 1 of Chapter 90 of
                     the General Statutes, who is board certified in neurology, and is affiliated with
                     the neurology department at one or more hospitals licensed in this State.
            (8)      Patient. – A person who has been diagnosed by a neurologist with intractable
                     epilepsy.physician with one or more medical conditions.
            (9)      Repealed by Session Laws 2015-154, s. 3, effective July 16, 2015.
            (10) Physician. – A person licensed under Article 1 of Chapter 90 of the General
                     Statutes who is in good standing to practice medicine in this State.
            (11) Written certification. – A statement in a patient's medical records or a
                     statement signed by a physician with whom the patient has a bona fide
                     physician patient relationship indicating that, in the physician's professional
                     opinion, the patient has a medical condition and the potential health benefits
     Page 2                                                                          DRH40478-MG-16
     General Assembly Of North Carolina                                                    Session 2021
                     of the medical use of cannabis would likely outweigh the health risks for the
                     patient.
 "§ 90-113.102. (Repealed effective July 1, 2021) Intractable Epilepsy Cannabis Alternative
             Treatment database; departmental duties.
     (a)     The Department shall create a secure and electronic Intractable Epilepsy Cannabis
 Alternative Treatment database registry for the registration of neurologists, physicians,
 caregivers, and patients as provided by this Article. All caregivers shall be required to register
 with the Department. Law enforcement agencies are authorized to contact the Department to
 confirm a caregiver's registration. The database shall consist of the following information to be
 provided by the caregivers at the time of registration:
             (1)     The name and address of the caregiver.
             (2)     The name and address of the caregiver's patient.
             (3)     Repealed by Session Laws 2015-154, s. 4, effective July 16, 2015.
             (4)     The name, address, and hospital affiliation of the neurologist physician
                     recommending hemp extract cannabis as an alternative treatment for
                     intractable epilepsy for the patient.a patient's medical condition.
     (b)     Repealed by Session Laws 2015-154, s. 4, effective July 16, 2015.
     (c)     If at any time following registration, the name, address, or hospital affiliation of the
 patient's neurologist physician changes, the caregiver shall notify the Department and provide
 the Department with the name, address, and hospital affiliation of the patient's new
 neurologist'sname, address, and hospital affiliation.physician.
 …
 "§ 90-113.105. (Repealed effective July 1, 2021) Immunity for neurologists; physicians;
             confidentiality.
     (a)     On a case-by-case basis, neurologists physicians may approve of dispensation to a
 registered caregiver, as approved by this Article, hemp extract cannabis acquired from another
 jurisdiction.
     (a1) Neurologists Physicians who approve of dispensation of hemp extract cannabis to a
 registered caregiver, as approved by this Article, shall inform the registered caregiver of the
 requirement that disposal must be done at a secure collection box pursuant to G.S. 90-94.1.
     (b)     A neurologist physician shall not be subject to arrest or prosecution, penalized or
 disciplined in any manner, or denied any right or privilege for approving or recommending the
 use of hemp extract cannabis or providing a written statement certification for the use of hemp
 extract cannabis pursuant to this Article.
     (c)     Repealed by Session Laws 2015-154, s. 7, effective July 16, 2015.
     (d)     The identities of the caregivers, patients, and neurologists physicians reported to the
 Department pursuant to this Article are confidential and are not matters of public record.
 However, this information may be provided to law enforcement agencies pursuant to
 G.S. 9-113.102.
 "§ 90-113.105.5. North Carolina Cannabis Research Program.
     (a)     It is the intent of the General Assembly that any physician who issues a written
 certification to a patient be permitted to participate in objective scientific research with persons
 registered under G.S. 90-113.102 regarding the administration of cannabis as part of medical
 treatment.
     (b)     The scientific research conducted under this Article may involve the development of
 quality control, purity, and labeling standards for cannabis; sound advice and recommendations
 on the best practices for the safe and efficient medical use of cannabis; and analysis of genetic
 and healing properties of the many varied strains of cannabis to determine which strains may be
 best suited for a particular medical condition or treatment.
     (c)     A physician or person registered to conduct research under G.S. 90-113.102 shall not
 be subject to arrest or prosecution, or penalized in any manner, or denied any right or privilege
     DRH40478-MG-16                                                                              Page 3
    General Assembly Of North Carolina                                                   Session 2021
 for recommending the medical use of cannabis or providing written certification for the medical
 use of cannabis pursuant to this section.
 …."
             SECTION 3. The provisions of this act are severable. If any provision of this act is
 held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions
 of this act which can be given effect without the invalid provision.
             SECTION 4. This act becomes effective July 1, 2021, and applies to offenses
 committed on or after that date.
    Page 4                                                                        DRH40478-MG-16
Statutes affected: 
Filed: 90-94.1
Edition 1: 90-94.1