On Tuesday, the North Carolina Senate gave preliminary approval to a bill that would legalize medical marijuana, sending it to the House for further consideration. This came shortly after a top lawmaker in the state said his chamber is in a good position to enact the reform this session, despite having blocked similar legislation last year.
Just a week after easily passing through three committees, the legislation from Republican Senator Bill Rabon passed its second reading in the Senate by a vote of 36 to 10. The bill is expected to pass its third reading in the coming days, marking the official handoff to the other chamber of parliament.
Those suffering from ailments including cancer, epilepsy, PTSD, and multiple sclerosis would be able to legally obtain cannabis from dispensaries with the help of this new legislation. Rabon said on the floor before a vote that the bill “is intended to make only changes to existing North Carolina laws that are necessary to protect patients and their doctors from criminal and civil penalties” and that it “is not intended to change current civil and criminal laws governing the use of cannabis for non-medical purposes.”
This would “enable for closely regulated use of medical cannabis solely by people with serious conditions,” as he put it. “We have received significant input from law enforcement on the measure, and law enforcement will have access to a wide variety of records and databases needed to verify that patients are qualified and that providers are in compliance with the provisions of this bill.”
Supporters have expressed optimism that the bill will pass the Senate, just like its predecessor did in the previous session. The direction the GOP-controlled House will go on this subject is more uncertain. But, Speaker of the House Tim Moore (R) recently stated in a podcast interview that he believes the new political makeup of the chamber may provide an avenue for approval of the law.
As I see it, things have shifted. More than half of legislators, he estimates, now support medical cannabis reform thanks to the influx of new members. There’s no reason for me to be shocked if the bill passes. There’s a better-than-average chance that something will develop there. This is a dramatic about-face from the speaker, who only a moment ago said there were “a lot of concerns” about Rabon’s bill.
In an interview with the same podcast, Senate President Pro Tempore Phil Berger (R) defended the legislation his chamber advanced during the previous session, saying it was “well-constructed” and “addressed a lot of the concerns that people” had while also providing a much-needed treatment option for patients with terminal illnesses.
The most important parts of Senate Bill 3 (the medical marijuana bill) are as follows: Individuals with “debilitating medical conditions” such as cancer, epilepsy, HIV/AIDS, Parkinson’s disease, multiple sclerosis, and post-traumatic stress disorder would be eligible to obtain cannabis for medical use.
Under the new law, patients would be able to smoke or vape, but their doctors would have to prescribe them a particular delivery mechanism and dosage. At least annually, they would have to reassess each patient’s qualifications for the program.
Up to ten licensed medical marijuana dispensaries would be allowed under the new law. Each provider is permitted to have up to eight retail locations. The previous limit on dispensaries has now been doubled. As part of the legislation, a Compassionate Use Advisory Board would be established, with the authority to expand the list of covered medical illnesses.
Separately, a Medical Cannabis Production Commission would be established to manage to license, assure a steady supply of cannabis for patients, and generate funds for the program’s administration. Furthermore, the bill would establish the North Carolina Cannabis Research Program to “conduct an objective, scientific study into the administration of cannabis or cannabis-infused products as a medical therapy.”
It doesn’t appear that the legalization legislation has the precise fairness requirements that many supporters need. The bill’s conclusions section declares the legislature’s aim to “prioritize the preservation of public health and safety in the construction of a system for the production, processing, and selling of medical cannabis.”
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“the General Assembly that the regulatory framework established by this Article be agile and able to respond fast to developments in the rapidly-evolving cannabis market.” Three-quarters of North Carolina voters, according to a poll published last month, support legalizing medical cannabis.
In December, Democratic Governor Roy Cooper stated his belief that a medical marijuana legalization measure “has an opportunity to pass” this session. He also restated his support for the broader decriminalization of cannabis possession due to racial inequities in enforcement.
Cooper has only recently come out in favor of decriminalization. He first voiced his support for the policy shift in October, stating, “Enough is enough; it’s time to erase the stigma.” In a separate announcement, he also said he was looking into whether or not he could use discretionary pardon power for persons with prior convictions.
Cooper stated that he had instructed state attorneys to explore pardon authority for marijuana offenses in the wake of President Joseph Biden’s mass pardon announcement in October, which included a call to action for governors to grant state-level relief.
Separately, the governor of North Carolina assembled a Task Committee for Racial Equality in Criminal Justice, which had previously called for the legalization of marijuana. Panel chaired by state AG Josh Stein (D) also suggested that the state launch a study into whether to broadly legalize cannabis commerce.
Possession of more than half an ounce and up to 1.5 ounces of cannabis is a class 1 misdemeanor punishable by up to 45 days in jail and a $200 fine under current law. A total of 3,422 people were charged in 2019, with 1,909 people ultimately being convicted. Seventy percent of those convicted were people of color.
