7/1/2021
The Daily Bulletin: 2021-07-01 | Legislative Reporting Service
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The Daily Bulletin: 2021-07-01
PUBLIC/SENATE BILLS
S 71 1 (2021 ) NC COMPASSIONATE CARE ACT. Filed Apr 7 2021. AN ACT ENACTING THE NORTH CAROLINA COMPASSIONATE
CARE ACT.
Senate committee substitute to the 1st edition makes the following changes.
Revises new Article 5H. the NC Compassionate Care Act. as follows. Makes organizational and technical changes; correct
statutory cross-references. Modifies the legislative findings to reflect the action of other states related to criminal penalties for
the medical use, cultivation, and distribution of cannabis as of May 2021 (was. January). Adds to the defined tenns: Advisory
Board; Department (defined as the Department of Health and Human Services/DHHS); production facility; and supplier.
Replaces the term licensed cannabis products facility with production facility, defined as a facility owned and operated by a
supplier that cultivates, possesses, and produces cannabis and cannabis-infused products. Replaces the term licensed medical
cannabis supplier with supplier, defined as a person licensed pursuant to GS 90-1 13. 1 20 to supply cannabis and cannabis-
infused products as authorized by the Article, cultivating cannabis, owning and operating one or more medical cannabis
centers, and owning and operating one or more production facilities as set forth in GS 90-1 13.120. Makes changes throughout
the Article to refer to a "production facility" and "supplier," as now defined, instead of a "licensed cannabis product facility" or
a "licensed medical cannabis supplier;" deletes those tenns as previously defined. Adds checking the patient's prescription
history in the physician's duly under a bona-fide physician-patient relationship. Now includes an edible cannabis product,
topical product, ointment, oil. patch, spray, suppository, or tincture in the definition of cannabis-infused product (was. edible
products, ointments, and tinctures). Expands upon the diagnoses for which a physician provides a written certification that
constitutes a debilitating medical condition. Now defines designated caregiver as a person who has a valid registry
identification card issued by DHHS authorizing the person to assist a qualifying patient with the medical use of cannabis, who
is at least 21 . unless the person is the parent or legal guardian of each qualifying patient the person assists (was, a person who
is at least 21 years of age and who has agreed to assist with a qualified patient's medical use of cannabis).
Replaces the term licensed medical cannabis center with the term medical cannabis center, defined as a facility owned and
operated by a supplier that possesses and dispenses cannabis and cannabis-infused products to registry identification
cardholders for human consumption; makes conforming changes throughout to reflect the change in terminology. Now defines
medical use of cannabis or medical use as the acquisition, administration, possession, preparation, transportation, or use of
cannabis and cannabis-infused products, or paraphernalia used to administer cannabis products, to treat or alleviate a
qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical
condition and includes the transfer of cannabis products from a designated caregiver to a qualifying patient whom the
designated caregiver is authorized to assist; excludes the extraction of resin from cannabis by solvent extraction other than
water, glycerin, propylene glycol, vegetable oil, or food grade ethanol (ethyl alcohol), unless the extraction is done by a
processing facility. Changes the definition of physician. Adds to qualified patient to require receipt of a written certification.
Specifies that a registry identification card is issuable by DHHS. No longer includes a statement in the patient's medical
records as an alternative to a signed statement by a physician as a written certification. Adds that a written certification must
indicate the delivery method of the cannabis. Makes changes throughout to refer to "cannabis" rather than "medical cannabis"
(cannabis is a defined term in the new Article).
Establishes a 13-member Medical Cannabis Advisory Board (Advisory Board), consisting of nine gubematorially appointed
members and four legislatively appointed members, appointed for up to two four-year tenns. States member qualifications.
Provides for meetings, and member expenses. Grants the Advisory Board authority to approve adding a debilitating medical
condition by majority vote and requires the Board to meet at least two times per year for that p uipose.
Adds a new requirement for the registry identification cards to be printed with tamper-resistant technology. Adds to the
infonnation that must be included on the cards issued by DHHS to include the name, address, and date of birth of the
cardholder, and a designation of whether the cardholder is a designated caregiver or qualifying patient. Also requires the card
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