Legalizing medical marijuana is first bill filed in NC Senate | Eastern North Carolina Now

    Publisher's Note: This post appears here courtesy of the Carolina Journal. The author of this post is Alex Baltzegar.

    Sen. Bill Rabon, R-Brunswick, has filed the NC Compassionate Care Act (S. B. 3), a bill that legalizes medical marijuana. It was the first bill filed in North Carolina's state Senate on Wednesday, the first day of bill filing. Sens. Michael Lee, R-New Hanover, and Paul Lowe, D-Forsyth are also primary sponsors.

    Earlier this year, Rabon was reappointed as chairman of Senate Rules and Operations, the most powerful committee in the Senate, by Senate Leader Phil Berger, R-Rockingham. Rabon is widely regarded as one of the most powerful and effective state legislators in North Carolina.

    "The Compassionate Care Act had great momentum and bipartisan support last session," said Rabon. "It's imperative that we continue to fight to ensure that North Carolinians with debilitating illnesses can receive the treatments they deserve."

    Last year, Rabon filed marijuana legalization legislation that passed the Senate by a vote of 36-7; however, it did clear the House rules committee.

    "Senator Rabon has been the driving force on the medical marijuana bill that passed the Senate last time and did not pass the house," said Berger. "I think time will help and we'll see whether or not this session is the right time. I think it's the right thing for us to do. My thought is that the bill that passed the Senate last time was well constructed and addressed a lot of the concerns that people have."

    Speaker Tim Moore, R-Cleveland, was opposed to passing the bill last year, but appeared to be open to discussing it in 2023.

    "I don't see an appetite to take that up in the shorter session," Moore said last year after the bill passed the Senate. "As far as the long session, I won't say one way or the other."

    S.B. 3 identifies debilitating medical conditions such as cancer, epilepsy, HIV/AIDS, ALS, Crohn's disease, sickle cell anemia, Parkinson's disease, PTSD, multiple sclerosis, cachexia, and terminal illness as ones that would qualify for the use of cannabis. The bill also establishes a Compassionate Use Advisory Board that reviews petitions to add new debilitating medical conditions and has the authority to add new conditions.

    Additionally, S.B. 3 requires doctors to complete a 10-hour continuing medical education course, conduct risk screenings, educate patients and provide follow-up care before issuing written certifications for medical cannabis use. Doctors must have a bona fide physician-patient relationship before issuing a written certification for cannabis use. Doctors are also prohibited from advertising their ability to issue prescriptions.

    S.B. 3 requires the Department of Health and Human Services (D.H.H.S.) to issue registry identification cards to individuals with debilitating medical conditions, who are at least 21 years old and have been designated as caregivers. The bill also requires cardholders to carry their identification cards and disclose them to law enforcement when approached.

    The bill also requires D.H.H.S. to create a confidential electronic database containing information about qualified patients, designated caregivers, and physicians, and to monitor the database for unusual patterns.

    Additionally, S.B. 3 establishes the Medical Cannabis Production Commission, which has the power to approve applications for medical cannabis supplier licenses, and the authority to suspend or revoke licenses. The commission can issue up to 10 supplier licenses, each of which can operate no more than four medical cannabis centers. Each supplier must pay a monthly fee of 10% of their gross revenue derived from cannabis sales to D.H.H.S.

    For registry identification cardholders, smoking and vaping cannabis is prohibited in public places, any place of employment, in a vehicle, in or within 1,000 feet of a church, child care facility or school. However, the fine for violating this will not be more than $25.