North Carolina Senate approves medicinal pots bill

The North Carolina Senate this week approved a bill legalizing marijuana, putting the measure one step away from going to the state House of Representatives for consideration. The bill, titled the North Carolina Compassionate Care Act (Senate Bill 3), passed Tuesday in the state Senate by a 36-10 vote without much debate. The bipartisan bill was introduced Jan. 25 by Republican Senators Bill Rabon and Michael Lee and Democratic Sen. Paul Lowe.

“The purpose of the bill is to allow for tightly regulated use of medicinal cannabis only by individuals with debilitating medical conditions,” Rabon said in the Senate ahead of Tuesday’s vote.

“Recreational sale or use of marijuana remains illegal under this legislation,” he added.

If signed into law, the act would legalize the medical use of cannabis for patients with one or more specific serious medical conditions, such as cancer, ALS, Parkinson’s disease, epilepsy, multiple sclerosis, post-traumatic stress disorder (PTSD), and others. However, unlike the broader medical marijuana programs in many other states, the bill does not legalize the use of medical marijuana by patients diagnosed with chronic pain.

Before the bill passed the Senate Judiciary Committee last week, supporters of the bill emphasized that the measure would not legalize recreational marijuana. Instead, the legislation is intended to “make only changes to existing state law that are necessary to protect patients and their physicians from criminal and civil penalties and are not intended to change current civil and criminal statutes governing the use of non-medical marijuana ‘ Rabon told reporters on February 21.

Under the bill, patients with a qualifying “debilitating medical condition” would be allowed to use medical marijuana. The law permits the smoking and vaping of medical cannabis by patients whose doctors have recommended a specific form and dosage of medical marijuana. Physicians would have to review a patient’s continued eligibility for the medical marijuana program annually. Smoking medicinal cannabis in public or near schools and churches would not be legal under the measure.

The bill will require patients and qualified caregivers to obtain a medical marijuana card from the state. The North Carolina Department of Health and Human Services would be responsible for creating “a secure, confidential, electronic database of information about qualified patients, designated nurses and physicians,” according to the text of the measure. The bill also creates an 11-member advisory panel appointed by the governor and legislature to review proposals for new qualifying medical conditions.

North Carolina Bill Establishes Oversight Commission

In addition, the legislation establishes a Medical Cannabis Production Commission to oversee medical cannabis producers and ensure that an adequate supply of medical marijuana is produced for the state’s registered patients. The legislation authorizes the licensing of up to 10 companies to grow, process and sell cannabis, and allows each producer to operate up to eight medical marijuana dispensaries. Under the bill, the state would levy a 10% tax on the monthly earnings of each medicinal cannabis producer. The bill also requires regulators to establish a tracking system to oversee the production, transportation, and sale of cannabis products from grower to consumer.

“These suppliers must meet strict requirements for how they locate and operate their facilities, how they grow their cannabis, and how they package and sell their inventory,” Rabon said in the Senate. “You have to track every product from seed to sale.”

Only one lawmaker, Republican Sen. Jim Burgin, opposed the measure Tuesday, saying “marijuana is not medicine” and has not been approved by the federal government for medical use.

“It’s bad for kids,” Burgin said. “I think this law creates great government, and I think it can easily be changed to legalize recreational marijuana,” he added.

Senate Chairman Phil Berger, one of the 16 Republicans who voted in favor of the measure, commended Rabon and the bill’s other supporters for their work in building consensus among their peers before the bill went to the full Senate for a vote.

“The lack of debate on the floor is truly a reflection of how much work Senator Rabon and the other sponsors have done over the last two years to make people aware of what the law does, answer questions and the language to change,” Berger said.

Senate Bill 3 faces another vote in the North Carolina Senate before going to the state House of Representatives for consideration. Republican House Speaker Tim Moore said the bill has some support in the House of Representatives, according to an Associated Press report. If both houses of the legislature pass, the bill would go to the desk of Democratic Gov. Roy Cooper, who has indicated his support for legalizing medical marijuana and decriminalizing adult possession of small amounts of cannabis.

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