GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H …

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017

H

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HOUSE BILL 185

Short Title: Legalize Medical Marijuana.

(Public)

Sponsors: Referred to:

Representatives Alexander, Carney, Harrison, and R. Moore (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Rules, Calendar, and Operations of the House

February 27, 2017

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A BILL TO BE ENTITLED

2 AN ACT ESTABLISHING THE NORTH CAROLINA MEDICAL CANNABIS ACT.

3 The General Assembly of North Carolina enacts:

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SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article

5 to read:

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"Article 43.

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"North Carolina Medical Cannabis Act.

8 "? 90-730. Short title.

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This Article shall be known and may be cited as the "North Carolina Medical Cannabis Act."

10 "? 90-730.1. Legislative findings and purpose.

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The General Assembly makes the following findings:

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(1) Modern medical research has discovered beneficial uses for cannabis in treating

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or alleviating pain, nausea, and other symptoms associated with certain

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debilitating medical conditions, as found by the National Academy of Sciences'

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Institute of Medicine in March 1999.

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(2) According to the United States Sentencing Commission and the Federal Bureau

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of Investigation, 99 out of every 100 cannabis arrests in the United States are

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made under state law, rather than under federal law. Consequently, changing

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State law will have the practical effect of protecting from arrest the vast

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majority of seriously ill people who have a medical need to use cannabis.

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(3) The United States Department of Health and Human Services, through the

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Compassionate Investigational New Drug (IND) program, provides cannabis by

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prescription to a number of individuals for their use as medicine. The cannabis

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is grown at the federal cannabis research garden at the University of Mississippi

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and is processed and distributed by the Research Triangle Institute in Research

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Triangle Park, North Carolina. The patients receive the cannabis monthly in

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canisters of approximately 300 prerolled cigarettes. The dosage for patients in

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the IND program ranges from seven to nine grams per day. Since the inception

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of the program in 1978, individual patients in the IND program have received

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and consumed approximately 6.5 pounds of cannabis per year, thereby

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establishing a safe and effective dosage for a chronic daily use patient to

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possess and consume. The IND program was closed to new applicants in 1991.

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(4) In 1992, the United States Drug Enforcement Administration (DEA) published

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research in a report entitled "Cannabis Yields" stating that canopy cover, rather

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than the number of plants, is the most accurate indicator of a garden's yield.

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According to the DEA report, 250 square feet of mature garden canopy will

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typically yield six pounds of processed cannabis per year, a common amount

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for patients who use cannabis daily, and less than the amount prescribed and

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delivered to the IND patients by the federal government.

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(5) Although federal law currently prohibits any use of cannabis outside of the IND

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program, the laws of Alaska, Arizona, Arkansas, California, Colorado,

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Connecticut, District of Columbia, Delaware, Florida, Hawaii, Illinois, Maine,

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Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New

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Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio,

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Oregon, Pennsylvania, Rhode Island, Vermont, and Washington permit the

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medical use and cultivation of cannabis. North Carolina joins in this effort for

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the health and welfare of its citizens.

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(6) States are not required to enforce federal law or prosecute people for engaging

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in activities prohibited by federal law. Therefore, compliance with this Article

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does not put the State of North Carolina in violation of federal law.

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(7) Compassion dictates that State law should make a distinction between the

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medical and nonmedical use of cannabis. Hence, the purpose of this Article is

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to protect patients with debilitating medical conditions, and their physicians and

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caregivers, from arrest and prosecution, criminal and other penalties, and

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property forfeiture by allowing the beneficial use of medical cannabis in a

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regulated system for alleviating symptoms caused by debilitating medical

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conditions and their medical treatments.

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(8) This Article is intended to make only those changes to existing North Carolina

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laws that are necessary to protect patients and their doctors from criminal and

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civil penalties and is not intended to change current civil and criminal laws

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governing the use of cannabis for nonmedical purposes.

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(9) Based on data gathered from other states where medical cannabis has been

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regulated, this Article will result in approximately two hundred fifty million

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dollars ($250,000,000) per year in revenues for the State within four years of

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implementation.

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(10) The General Assembly enacts this Article pursuant to its police power to enact

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legislation for the protection of the health of its citizens, as reserved to the State

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in the Tenth Amendment of the United States Constitution.

34 "? 90-730.2. Definitions.

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The following definitions apply in this Article:

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(1) "Adequate supply" has the following meanings:

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a. An amount of usable cannabis derived solely from an intrastate source

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that is possessed by a qualified patient, or collectively possessed by a

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qualified patient and the qualified patient's designated caregiver, in an

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amount that does not exceed what is reasonably necessary to assure the

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uninterrupted availability of cannabis for a period of three months, in

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any form recommended by the qualified patient's physician for the

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purpose of alleviating the symptoms or effects of the qualified patient's

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debilitating medical condition.

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b. For a qualified patient for whom a delivery method of inhalation of

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cannabis vapor or smoking is recommended by the qualified patient's

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physician, "adequate supply" means not more than 24 ounces of

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cannabis in a form usable for that purpose. The term also includes a

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garden cultivated by the qualified patient or the qualified patient's

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designated caregiver of not more than 250 feet of total garden canopy of

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mature female cannabis plants, measured by the combined vegetative

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growth area, excluding any garden space devoted to cannabis plants that

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are not mature and female but which are cultivated for the purpose of

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maintaining the largest and most productive canopy of mature female

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cannabis plants allowed by this Article.

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c. For a qualified patient for whom a delivery method other than inhalation

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of cannabis vapor or smoking has been recommended by the patient's

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physician, "adequate supply" means a garden of cannabis cultivated by

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the qualified patient or the qualified patient's designated caregiver of a

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size reasonably necessary to assure the uninterrupted availability of

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cannabis for a period of three months, in a form recommended by the

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qualified patient's physician, for the purpose of alleviating the

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symptoms or effects of the qualified patient's debilitating medical

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condition.

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(2) "Bona fide physician-patient relationship" means a physician and a patient have

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a treatment or counseling relationship in which the physician has completed a

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full assessment of the patient's medical history and current medical condition,

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including an appropriate physical examination; and the physician is available or

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offers to provide follow-up care and treatment to the patient, including patient

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examinations, to determine the efficacy of the use of medical cannabis as a

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treatment for the patient's medical condition.

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(3) "Cannabis" means marijuana as defined in G.S. 90-87(16).

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(4) "Cannabis-infused product" means a product infused with cannabis that is

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intended for use or consumption other than by inhalation, smoking, or

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otherwise. The term includes edible products, ointments, and tinctures.

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(5) "Canopy" means the foliage of growing plants.

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(6) "Canopy cover" means the area shaded by the foliage of growing plants.

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(7) "Debilitating medical condition" means any of the following:

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a. Cancer, gliomas, glaucoma, positive status for human

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immunodeficiency virus (HIV), acquired immune deficiency syndrome

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(AIDS), hepatitis C, porphyria, amyotrophic lateral sclerosis (Lou

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Gehrig's disease or ALS), Alzheimer's disease, nail-patella syndrome,

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fibromyalgia, severe migraines, multiple sclerosis, celiac disease,

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Crohn's disease, diabetes mellitus, dystonia, gastrointestinal disorders,

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hypertension, incontinence, injury or disease to the spinal cord, spinal

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column, or vertebra, methicillin-resistant Staphylococcus aureus

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(MRSA), myelomalacia, osteoporosis, pruritus, rheumatoid arthritis,

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sleep apnea, Tourette's syndrome, or the treatment of such conditions.

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b. A chronic or debilitating disease or medical condition or its treatment

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that produces one or more of the following: cachexia or wasting

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syndrome; severe pain; severe nausea; anorexia; seizures, including

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those characteristic of epilepsy; or severe and persistent muscle spasms,

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including those characteristic of multiple sclerosis (MS), amyotrophic

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lateral sclerosis (Lou Gehrig's disease or ALS), or Crohn's disease.

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c. Any other serious medical or mental condition or its treatment approved

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by a physician or other practitioner authorized to prescribe or

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recommend a controlled substance classified in the schedules set forth

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in either the Controlled Substances Act (Article 5 of Chapter 90 of the

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General Statutes) or the federal Comprehensive Drug Abuse Prevention

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and Control Act of 1970, P.L. 91-513, 84 Stat. 1236 (Oct. 27, 1970).

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(8) "Designated caregiver" means a person who is at least 21 years of age and who

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has agreed to assist with a qualified patient's medical use of cannabis.

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(9) "Licensed medical cannabis center" means a person licensed pursuant to

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G.S. 90-730.6 to operate a business that sells cannabis and cannabis-infused

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products to registry identification cardholders and other licensed medical

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cannabis centers.

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(10) "Licensed producer of cannabis-infused products" means a person licensed

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pursuant to G.S. 90-730.6 to operate a business producing cannabis-infused

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products.

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(11) "Licensed producer of medical cannabis" means a person licensed pursuant to

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G.S. 90-730.6 to cultivate cannabis for sale to a licensed medical cannabis

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center.

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(12) "Medical use of cannabis" means the acquisition, possession, cultivation,

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manufacture, use, internal possession, delivery, transfer, or transportation of

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cannabis or paraphernalia relating to the administration of cannabis to treat or

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alleviate a qualified patient's medical condition or symptoms associated with

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the medical condition or its treatment.

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(13) "Physician" means a person licensed under Article 1 of Chapter 90 of the

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General Statutes who is in good standing to practice medicine in this State.

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(14) "Producer" includes a producer of medical cannabis and a producer of

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cannabis-infused products.

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(15) "Qualified patient" means a person who has been diagnosed by a physician as

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having a debilitating medical condition.

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(16) "Registry identification card" means a document issued by the North Carolina

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Department of Health and Human Services pursuant to G.S. 90-730.5 that

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identifies a person as a qualified patient or designated caregiver.

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(17) "Registry identification cardholder" means a qualified patient or a designated

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caregiver who holds a valid registry identification card issued by the North

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Carolina Department of Health and Human Services pursuant to G.S. 90-730.5.

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(18) "Regulated medical cannabis supply system" or "system" means the system

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established by the North Carolina Department of Agriculture and Consumer

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Services pursuant to G.S. 90-730.6 to provide a safe method for producing and

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distributing cannabis to registry identification cardholders and persons licensed

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to produce and distribute cannabis and cannabis-infused products to registry

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identification cardholders.

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(19) "Usable cannabis" means the dried buds and mature female flowers of the plant

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of the genus Cannabis, and any mixture or preparation thereof, that are

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appropriate for medical use as provided in this Article.

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(20) "Written certification" means a statement in a patient's medical records or a

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statement signed by a physician with whom the patient has a bona fide

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physician-patient relationship indicating that, in the physician's professional

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opinion, the patient has a debilitating medical condition and the potential health

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benefits of the medical use of cannabis would likely outweigh the health risks

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for the patient.

43 "? 90-730.3. Protections for the medical use of cannabis.

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(a) A qualified patient shall not be subject to arrest, prosecution, or penalty in any manner,

45 or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action

46 by a business or occupational or professional licensing board or bureau, for the possession or

47 purchase of cannabis for medical use by the qualified patient if the quantity of usable cannabis

48 possessed or purchased does not exceed an adequate supply, as determined by the qualified

49 patient's physician.

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(b) A designated caregiver shall not be subject to arrest, prosecution, or penalty in any

51 manner, or denied any right or privilege, including imposition of a civil penalty or disciplinary

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1 action by a business or occupational or professional licensing board or bureau, for the possession

2 or purchase of cannabis for medical use by the qualified patient if the quantity of cannabis

3 possessed or purchased does not exceed an adequate supply for the qualified patient, as

4 determined by the qualified patient's physician.

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(c) If usable cannabis is infused or added as an ingredient to food, salve, tincture, or any

6 other preparation to be consumed or used by a qualified patient, the weight of the other ingredients

7 that are not usable cannabis shall not be included for the purpose of determining whether a

8 qualified patient is in possession of an amount of cannabis that exceeds the qualified patient's

9 adequate supply.

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(d) Subsection (a) of this section does not apply to a qualified patient under 18 years of

11 age, unless all of the following criteria are met:

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(1) The qualified patient's physician has explained the potential risks and benefits

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of the medical use of cannabis to the qualified patient and to a parent, guardian,

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or person having legal custody of the qualified patient.

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(2) A parent, guardian, or person having legal custody of the qualified patient

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consents in writing to (i) allow the qualified patient's medical use of cannabis,

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(ii) serve as the qualified patient's designated caregiver, and (iii) control the

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dosage and frequency of the medical use of cannabis by the qualified patient.

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(e) A qualified patient or a designated caregiver shall be granted the full legal protections

20 provided in this section as long as the qualified patient or designated caregiver is in possession of

21 a registry identification card. If the qualified patient or designated caregiver is not in possession of

22 a registry identification card, the individual shall be given an opportunity to produce the registry

23 identification card before the initiation of any arrest, criminal charges, or other penalties.

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(f) A qualified patient or a designated caregiver is presumed to be engaged in the medical

25 use of cannabis if the qualified patient or designated caregiver is in possession of a registry

26 identification card and an amount of cannabis that does not exceed the qualified patient's adequate

27 supply. This presumption may be rebutted only by evidence that the qualified patient or designated

28 caregiver engaged in conduct related to cannabis for a purpose other than alleviating the qualified

29 patient's debilitating medical condition or symptoms associated with the debilitating medical

30 condition.

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(g) A designated caregiver may receive reimbursement for costs associated with assisting a

32 qualified patient in the medical use of cannabis. Reimbursement for these costs does not constitute

33 the sale of a controlled substance under Article 5 of Chapter 90 of the General Statutes.

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(h) A school, employer, or landlord shall not refuse to enroll, employ, lease, or otherwise

35 penalize a qualified patient or a designated caregiver solely because of (i) the individual's status as

36 a qualified patient or a designated caregiver or (ii) the presence of cannabis metabolites in the

37 individual's bodily fluids.

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(i) For the purposes of medical care, including organ transplants, a qualified patient's

39 authorized use of cannabis in accordance with this Article shall be treated in the same manner as

40 the authorized use of any other medication used at the direction of a physician and shall not

41 constitute the use of an illegal substance.

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(j) A licensed producer of medical cannabis shall not be subject to arrest, prosecution, or

43 penalty in any manner, or denied any right or privilege, or subject to disciplinary action by a

44 business or occupational or professional licensing board or bureau for producing, possessing,

45 distributing, or dispensing cannabis in a manner consistent with this Article.

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(k) A physician shall not be subject to arrest, prosecution, or penalty in any manner, or

47 denied any right or privilege, or subject to increased monitoring or disciplinary action by the

48 North Carolina Medical Board or any other business or occupational or professional licensing

49 board or bureau for either of the following:

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(1) Advising a patient about the risks and benefits of the medical use of cannabis or

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that the patient may benefit from the medical use of cannabis if, in the

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