7/25/2019
The Daily Bulletin: 2019-07-25 | Legislative Reporting Service
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The Daily Bulletin: 2019-07-25
PUBLIC/SENATE BILLS
S 31 5 (2019-2020) NORTH CAROLINA FARM ACT OF 2019. Filed Mar 20 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE
AGRICULTURAL LA WS OF THE STATE.
House committee substitute to the 7th edition makes the following changes.
Changes the definition of smokable hemp set forth in GS 106-568.51 . applicable to Article 50E, NC Hemp Commission. Now
defines the term to mean a product that does not exceed the federally defined THC level for hemp in a form that allows THC to
be introduced into the human body by inhalation of smoke, including hemp buds, hemp flowers, whole or ground raw hemp
plant material, hemp cigars, and hemp cigarettes (identical to the definition set forth in the 5th and 6th editions; previously,
defined as harvested raw or dried hemp plant material, in a form intended to allow THC to be introduced into the human body
by inhalation of smoke, including hemp buds or hemp flowers, hemp cigars, and hemp cigarettes, but excluding hemp
extracts).
Eliminates the proposed member qualfiication modifications for the NC Hemp Commission set forth in GS 106-568.52
(previously, amended the qualifications to require one member from NC A&T. one member that is an historically underserved
African-American small farmer, and one member recommended by the Small and Minority Farm Program).
Eliminates proposed subsections (g) and (h) of GS 106-568. 53A, which extended the privileges of hemp cultivator or handler
licenses to the spouse of licensees, and established the licenses to be transferrable. Makes conforming organizational changes.
Modifies proposed GS 106-568. 55A to prohibit the Hemp Commission from issuing a license to handle hemp to any person
(rather than any person who processes hemp purchased from a cultivator) without satisfying the bonding requirements
specified. No longer exempts from the bond requirements handlers who process only hemp grown by the handler.
Eliminates proposed GS 106-578. 57(d). which made it a Class 2 misdemeanor to sell hemp, hemp products, or hemp extracts
to a person less than 18 years old.
Makes technical changes to proposed GS 106-568.59, concerning the NC Hemp Program Fund.
Modifies the proposed changes to GS 90-87 to no longer enact definitions for the terms hemp, hemp extract, hemp product, and
smokable hemp, applicable to the NC Controlled Substances Act. Additionally, eliminates the proposed changes to the term
marijuana, which defined the term to include smokable hemp and exclude hemp, when under the control of a licensed
cultivator or handler, hemp products, and hemp extracts. Instead, amends the definition set forth for marijuana to exclude
hemp, hemp products, hemp extracts, and smokable hemp as defined in GS 106-568.51 (Article 50E of GS Chapter 106), when
the hemp is produced and used in compliance with Article 5, the NC Controlled Substances Act. and rules adopted by the
Hemp Commission (identical to the definition provided in the 5th edition).
Amends the exception set forth for tetrahydrocannibinols in hemp products and hemp extracts from being included as a
schedule VI controlled substance, to also except tetrahydrocannibinols in hemp and smokable hemp, as defined in Article 50E,
GS Chapter 106 (identical to the exceptions set forth in the 5th edition).
Changes the effective date of the proposed changes to GS 90-87 and GS 90-94. and proposed GS 90-94.5, now making those
provisions effective on the later of either December 1. 2019. or 30 days after the effective date of specified federal regulations.
Additionally, reinstates the proposed sunset of those provisions on July 1 , 2021 (identical to the provisions set forth in the 5th
and 6th editions; previously, effective December 1, 2019. with no sunset).
Makes further confonuing changes.
Makes the following modifications to new Article 50F. NC Hemp Program, of GS Chapter 1 06. effective July 1. 202 1 .
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