North Carolina 2017-2018 Session Status: In Committee Bipartisan · 6 D · 1 I cosponsors

HB 185 — Legalize Medical Marijuana.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

127 added · 126 removed

Plain-language change summary

The recent changes to Bill HB 185 include an addition to the text clarifying that North Carolina seeks to align its cannabis laws with those of other states that permit medical use and cultivation. This change emphasizes the state's commitment to the health and welfare of its citizens regarding cannabis. Additionally, the new lines reaffirm that North Carolina would not be violating federal law by enacting these provisions, which could help alleviate concerns for both patients and legal professionals. Overall, these updates reflect a shift towards recognizing the medical benefits of cannabis in the state.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 185 Short Title:
185 Feb 22, 2017 SESSION 2017 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30085-MGf-4C (11/16) Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT ESTABLISHING THE NORTH CAROLINA MEDICAL CANNABIS ACT.
Rules, Calendar, and Operations of the House February 27, 2017 A BILL TO BE ENTITLED AN ACT ESTABLISHING THE NORTH CAROLINA MEDICAL CANNABIS ACT.
According to the DEA report, 250 square feet of mature garden canopy will *DRH30085-MGf-4C* General Assembly Of North Carolina Session 2017 typically yield six pounds of processed cannabis per year, a common amount for patients who use cannabis daily, and less than the amount prescribed and delivered to the IND patients by the federal government.
*H185-v-1* General Assembly Of North Carolina Session 2017 According to the DEA report, 250 square feet of mature garden canopy will typically yield six pounds of processed cannabis per year, a common amount for patients who use cannabis daily, and less than the amount prescribed and delivered to the IND patients by the federal government.
The term also includes a garden cultivated by the qualified patient or the qualified patient's designated caregiver of not more than 250 feet of total garden canopy of mature female cannabis plants, measured by the combined vegetative growth area, excluding any garden space devoted to cannabis plants that Page 2 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 are not mature and female but which are cultivated for the purpose of maintaining the largest and most productive canopy of mature female cannabis plants allowed by this Article.
The term also includes a garden cultivated by the qualified patient or the qualified patient's designated caregiver of not more than 250 feet of total garden canopy of mature female cannabis plants, measured by the combined vegetative Page 2 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 growth area, excluding any garden space devoted to cannabis plants that are not mature and female but which are cultivated for the purpose of maintaining the largest and most productive canopy of mature female cannabis plants allowed by this Article.
DRH30085-MGf-4C [v.4] (11/16) Page 3 General Assembly Of North Carolina Session 2017 (9) "Licensed medical cannabis center" means a person licensed pursuant to G.S.
House Bill 185-First Edition Page 3 General Assembly Of North Carolina Session 2017 (9) "Licensed medical cannabis center" means a person licensed pursuant to G.S.
(b) A designated caregiver shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including imposition of a civil penalty or disciplinary Page 4 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 action by a business or occupational or professional licensing board or bureau, for the possession or purchase of cannabis for medical use by the qualified patient if the quantity of cannabis possessed or purchased does not exceed an adequate supply for the qualified patient, as determined by the qualified patient's physician.
(b) A designated caregiver shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including imposition of a civil penalty or disciplinary Page 4 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 action by a business or occupational or professional licensing board or bureau, for the possession or purchase of cannabis for medical use by the qualified patient if the quantity of cannabis possessed or purchased does not exceed an adequate supply for the qualified patient, as determined by the qualified patient's physician.
(1) Advising a patient about the risks and benefits of the medical use of cannabis or that the patient may benefit from the medical use of cannabis if, in the DRH30085-MGf-4C [v.4] (11/16) Page 5 General Assembly Of North Carolina Session 2017 physician's medical judgment, the potential benefits of the medical use of cannabis would likely outweigh the health risks for that particular patient.
(1) Advising a patient about the risks and benefits of the medical use of cannabis or that the patient may benefit from the medical use of cannabis if, in the House Bill 185-First Edition Page 5 General Assembly Of North Carolina Session 2017 physician's medical judgment, the potential benefits of the medical use of cannabis would likely outweigh the health risks for that particular patient.
Page 6 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 (t) Nothing in this Article shall be construed to extend the protections of this Article to any person, including a qualified patient, designated caregiver, or producer, to allow that person to acquire, possess, manufacture, produce, use, sell, distribute, dispense, or transport cannabis in a manner that is not consistent with this Article.
Page 6 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 (t) Nothing in this Article shall be construed to extend the protections of this Article to any person, including a qualified patient, designated caregiver, or producer, to allow that person to acquire, possess, manufacture, produce, use, sell, distribute, dispense, or transport cannabis in a manner that is not consistent with this Article.
The Department may deny a registry identification card application or renewal application only if the applicant fails to provide the information required pursuant to this section or if the Department determines that the DRH30085-MGf-4C [v.4] (11/16) Page 7 General Assembly Of North Carolina Session 2017 application or renewal application contains false information.
The Department may deny a registry identification card application or renewal application only if the applicant fails to provide the information required pursuant to this section or if the Department determines that the House Bill 185-First Edition Page 7 General Assembly Of North Carolina Session 2017 application or renewal application contains false information.
Page 8 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 (j) Applications and supporting information submitted by qualified patients, including information regarding their designated caregivers and physicians, are confidential and protected under the federal Health Insurance Portability and Accountability Act of 1996.
Page 8 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 (j) Applications and supporting information submitted by qualified patients, including information regarding their designated caregivers and physicians, are confidential and protected under the federal Health Insurance Portability and Accountability Act of 1996.
DRH30085-MGf-4C [v.4] (11/16) Page 9 General Assembly Of North Carolina Session 2017 h.
House Bill 185-First Edition Page 9 General Assembly Of North Carolina Session 2017 h.
Page 10 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 f.
Page 10 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 f.
DRH30085-MGf-4C [v.4] (11/16) Page 11 General Assembly Of North Carolina Session 2017 (3) A licensee shall notify the Department of any change in the information submitted on the application form within 30 days after the change.
House Bill 185-First Edition Page 11 General Assembly Of North Carolina Session 2017 (3) A licensee shall notify the Department of any change in the information submitted on the application form within 30 days after the change.
Page 12 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 (1) Driving while impaired by cannabis, provided that the person shall not be considered to be impaired solely for having cannabis metabolites in his or her system.
Page 12 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 (1) Driving while impaired by cannabis, provided that the person shall not be considered to be impaired solely for having cannabis metabolites in his or her system.
any felony under Article 16 (Larceny), Article 16A (Organized Retail Theft), Article 17 (Robbery), Article 18 (Embezzlement), Article 19 (False Pretenses and Cheats), Article 19A (Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means), Article DRH30085-MGf-4C [v.4] (11/16) Page 13 General Assembly Of North Carolina Session 2017 19B (Financial Transaction Card Crime Act), or Article 19C (Identity Theft) of Chapter 14 of the General Statutes.
any felony under Article 16 (Larceny), Article 16A (Organized Retail Theft), Article 17 (Robbery), Article 18 (Embezzlement), Article 19 (False Pretenses and Cheats), Article 19A (Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means), Article House Bill 185-First Edition Page 13 General Assembly Of North Carolina Session 2017 19B (Financial Transaction Card Crime Act), or Article 19C (Identity Theft) of Chapter 14 of the General Statutes.
(r) A person licensed under subsection (c), (d), or (e) of this section shall be granted the full legal protections provided in this section as long as the person is in possession of a valid Page 14 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 license.
(r) A person licensed under subsection (c), (d), or (e) of this section shall be granted the full legal protections provided in this section as long as the person is in possession of a valid Page 14 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 license.
DRH30085-MGf-4C [v.4] (11/16) Page 15 General Assembly Of North Carolina Session 2017 (b) A person does not need to be a registry identification cardholder in order to assert an affirmative defense described in this section.
House Bill 185-First Edition Page 15 General Assembly Of North Carolina Session 2017 (b) A person does not need to be a registry identification cardholder in order to assert an affirmative defense described in this section.
If any provision of this Article is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of this Article which can be given effect without the invalid provision." Page 16 DRH30085-MGf-4C [v.4] (11/16) General Assembly Of North Carolina Session 2017 SECTION 2.
If any provision of this Article is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of this Article which can be given effect without the invalid provision." Page 16 House Bill 185-First Edition General Assembly Of North Carolina Session 2017 SECTION 2.
For the DRH30085-MGf-4C [v.4] (11/16) Page 17 General Assembly Of North Carolina Session 2017 purpose of this subdivision, cannabis has the same meaning as marijuana under G.S.
For the House Bill 185-First Edition Page 17 General Assembly Of North Carolina Session 2017 purpose of this subdivision, cannabis has the same meaning as marijuana under G.S.
Page 18 DRH30085-MGf-4C [v.4] (11/16)
Page 18 House Bill 185-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 12 co-sponsors · 164 not signed on

Sponsors (3)

Co-sponsors (12)

Not signed on (164)

164 members have not signed on to this bill.

Show all 164 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare agriculture
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Frequently asked questions

Who sponsors HB 185?
HB 185 is sponsored by Lehman, Hunter, Holley, Pricey Harrison (Democratic), Hanes, Fisher, Carla D. Cunningham (U), Deb Butler (Democratic), Mary Belk (Democratic), Autry, R. Moore, Alexander, Becky Carney (Democratic), Brian Turner (Democratic), and Eric Ager (Democratic).
What is the current status of HB 185?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 185?
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