North Carolina 2019-2020 Session Status: In Committee 5 D cosponsors

HB 1143 — Modify Tax on Marijuana Products.

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 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

81 added · 80 removed

Plain-language change summary

The recent amendment to Bill HB 1143 removed a section that emphasized compassion in distinguishing between non-violent cannabis offenders and those engaged in more serious crimes. This change clarifies the focus solely on the health and welfare of patients using medical cannabis. This is important because it simplifies the message of the bill and reinforces North Carolina's commitment to supporting medical cannabis use without additional complexities regarding legal enforcement.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 1143 Short Title:
1143 May 14, 2020 SESSION 2019 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10789-MCxf-245 Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT ENACTING THE NORTH CAROLINA MEDICAL CANNABIS ACT.
Rules, Calendar, and Operations of the House May 18, 2020 A BILL TO BE ENTITLED AN ACT ENACTING THE NORTH CAROLINA MEDICAL CANNABIS ACT.
(4) In 1992, the United States Drug Enforcement Administration (DEA) published research in a report entitled "Cannabis Yields" stating that canopy cover, rather than the number of plants, is the most accurate indicator of a *DRH10789-MCxf-245* General Assembly Of North Carolina Session 2019 garden's yield.
(4) In 1992, the United States Drug Enforcement Administration (DEA) published research in a report entitled "Cannabis Yields" stating that canopy *H1143-v-1* General Assembly Of North Carolina Session 2019 cover, rather than the number of plants, is the most accurate indicator of a garden's yield.
(2) "Bona fide physician-patient relationship" means a physician and a patient have a treatment or counseling relationship in which the physician has completed a full assessment of the patient's medical history and current medical condition, including an appropriate physical examination, and the physician is available or offers to provide follow-up care and treatment to the Page 2 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 patient, including patient examinations, to determine the efficacy of the use of medical cannabis as a treatment for the patient's medical condition.
(2) "Bona fide physician-patient relationship" means a physician and a patient have a treatment or counseling relationship in which the physician has completed a full assessment of the patient's medical history and current medical condition, including an appropriate physical examination, and the physician is available or offers to provide follow-up care and treatment to the Page 2 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 patient, including patient examinations, to determine the efficacy of the use of medical cannabis as a treatment for the patient's medical condition.
(4) "Cannabis-infused product" means a product infused with cannabis that is intendedforuseorconsumptionotherthanbyinhalation orsmoking.Theterm includes edible products, ointments, and tinctures.
(4) "Cannabis-infused product" means a product infused with cannabis that is intendedforuseorconsumptionotherthanbyinhalationorsmoking.Theterm includes edible products, ointments, and tinctures.
DRH10789-MCxf-245 Page 3 General Assembly Of North Carolina Session 2019 (13) "Physician" means a person licensed under Article 1 of Chapter 90 of the General Statutes who is in good standing to practice medicine in this State.
House Bill 1143-First Edition Page 3 General Assembly Of North Carolina Session 2019 (13) "Physician" means a person licensed under Article 1 of Chapter 90 of the General Statutes who is in good standing to practice medicine in this State.
(a) A qualified patient shall not be subject to arrest, prosecution, or penalty in any manner,ordeniedanyright or privilege,including,but not limitedto, civilpenaltyordisciplinary action bya business or occupational or professional licensing board or bureau, for the possession or purchase of cannabis for medical use bythe qualified patient if the quantityof usable cannabis possessed or purchased does not exceed an adequate supply, as determined by the qualified patient's physician.
(a) A qualified patient shall not be subject to arrest, prosecution, or penalty in any manner,ordeniedanyright orprivilege,including,but not limitedto, civilpenaltyordisciplinary action bya business or occupational or professional licensing board or bureau, for the possession or purchase of cannabis for medical use bythe qualified patient if the quantityof usable cannabis possessed or purchased does not exceed an adequate supply, as determined by the qualified patient's physician.
Page 4 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 (2) A parent, guardian, or person having legal custody of the qualified patient consents in writing to (i) allow the qualified patient's medical use of cannabis, (ii) serve as the qualified patient's designated caregiver, and (iii) control the dosage and frequency of the medical use of cannabis by the qualified patient.
Page 4 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 (2) A parent, guardian, or person having legal custody of the qualified patient consents in writing to (i) allow the qualified patient's medical use of cannabis, (ii) serve as the qualified patient's designated caregiver, and (iii) control the dosage and frequency of the medical use of cannabis by the qualified patient.
(m) State and local law enforcement officers shall not harm, neglect, injure, or destroy an individual's interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis, or acts incidental to the medical use of cannabis, while the property DRH10789-MCxf-245 Page 5 General Assembly Of North Carolina Session 2019 is in the possession of State or local law enforcement officials as a result of a seizure of the property in connection with the claimed medical use of cannabis.
(m) State and local law enforcement officers shall not harm, neglect, injure, or destroy an individual's interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis, or acts incidental to the medical use of cannabis, while the property House Bill 1143-First Edition Page 5 General Assembly Of North Carolina Session 2019 is in the possession of State or local law enforcement officials as a result of a seizure of the property in connection with the claimed medical use of cannabis.
Page 6 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 (2) Undertake any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice.
Page 6 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 (2) Undertake any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice.
DRH10789-MCxf-245 Page 7 General Assembly Of North Carolina Session 2019 (g) Each registryidentification card shall contain at least all of the following information:
House Bill 1143-First Edition Page 7 General Assembly Of North Carolina Session 2019 (g) Each registryidentification card shall contain at least all of the following information:
(l) The Department shall verify to law enforcement personnel whether a registry identification card is valid solely by confirming the validity of the random registry identification Page 8 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 number and the name of the person to whom the Department has assigned the random registry identification number.
(l) The Department shall verify to law enforcement personnel whether a registry identification card is valid solely by confirming the validity of the random registry identification Page 8 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 number and the name of the person to whom the Department has assigned the random registry identification number.
DRH10789-MCxf-245 Page 9 General Assembly Of North Carolina Session 2019 f.
House Bill 1143-First Edition Page 9 General Assembly Of North Carolina Session 2019 f.
Page 10 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 (2) Unless suspended or revoked, a producer of medical cannabis license is valid for a period not to exceed 12 months from the date of issuance.
Page 10 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 (2) Unless suspended or revoked, a producer of medical cannabis license is valid for a period not to exceed 12 months from the date of issuance.
(5) Not later than 30 days after issuing or renewing a license to produce cannabis-infused products, the Department shall issue a registry identification card to the licensed producer of cannabis-infused products and to each of the DRH10789-MCxf-245 Page 11 General Assembly Of North Carolina Session 2019 producer's employees upon payment of a fee of ten dollars ($10.00) per cardholder.
(5) Not later than 30 days after issuing or renewing a license to produce cannabis-infused products, the Department shall issue a registryidentification card to the licensed producer of cannabis-infused products and to each of the House Bill 1143-First Edition Page 11 General Assembly Of North Carolina Session 2019 producer's employees upon payment of a fee of ten dollars ($10.00) per cardholder.
– All cannabis sold through the regulated medical cannabis supplysystem establishedunderthis sectionshall be subject to thefollowinglimitations and requirements:
– All cannabis sold through the regulated medical cannabis supplysystem establishedunderthis sectionshall besubject to thefollowinglimitations and requirements:
Page 12 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 (2) Delivering cannabis to any individual who the person knows is not a qualified patient or caregiver who holds a valid registryidentification card issued under G.S.
Page 12 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 (2) Delivering cannabis to any individual who the person knows is not a qualified patient or caregiver who holds a valid registryidentification card issued under G.S.
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 19B (Financial Transaction Card Crime Act), or DRH10789-MCxf-245 Page 13 General Assembly Of North Carolina Session 2019 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 19B (Financial Transaction Card Crime Act), or House Bill 1143-First Edition Page 13 General Assembly Of North Carolina Session 2019 Article 19C (Identity Theft) of Chapter 14 of the General Statutes.
If the person is not in possession of a valid license, the person shall be given a reasonable Page 14 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 period of time to produce the license before the initiation of any arrest, criminal charges, or other penalties.
If the person is not in possession of a valid license, the person shall be given a reasonable Page 14 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 period of time to produce the license before the initiation of any arrest, criminal charges, or other penalties.
DRH10789-MCxf-245 Page 15 General Assembly Of North Carolina Session 2019 (2) Presenting evidence supporting the medical necessity of using cannabis for treatment of a specific disease or medical condition if (i) the amount of cannabis at issue is not greater than the amount described in this Article as an adequate supply and (ii) the person has taken steps to substantially comply with the provisions of this Article.
House Bill 1143-First Edition Page 15 General Assembly Of North Carolina Session 2019 (2) Presenting evidence supporting the medical necessity of using cannabis for treatment of a specific disease or medical condition if (i) the amount of cannabis at issue is not greater than the amount described in this Article as an adequate supply and (ii) the person has taken steps to substantially comply with the provisions of this Article.
Page 16 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 (2) An individual in possession of a temporary certificate issued pursuant to subdivision (1) of this section and that individual's designated caregiver are not subject to arrest, prosecution, civil or criminal penalty, or denial of any right or privilege for possessing cannabis if the amount of usable cannabis possessed collectivelyis not more than the amount specified on the temporary certificate issued by the Department of Health and Human Services.
Page 16 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 (2) An individual in possession of a temporary certificate issued pursuant to subdivision (1) of this section and that individual's designated caregiver are not subject to arrest, prosecution, civil or criminal penalty, or denial of any right or privilege for possessing cannabis if the amount of usable cannabis possessed collectivelyis not more than the amount specified on the temporary certificate issued by the Department of Health and Human Services.
… DRH10789-MCxf-245 Page 17 General Assembly Of North Carolina Session 2019 (6) Marijuana.
… House Bill 1143-First Edition Page 17 General Assembly Of North Carolina Session 2019 (6) Marijuana.
Page 18 DRH10789-MCxf-245 General Assembly Of North Carolina Session 2019 "§ 105-113.107A.
Page 18 House Bill 1143-First Edition General Assembly Of North Carolina Session 2019 "§ 105-113.107A.
DRH10789-MCxf-245 Page 19
House Bill 1143-First Edition Page 19
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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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0 sponsors · 10 co-sponsors · 169 not signed on

Sponsors (0)

None.

Co-sponsors (10)

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"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.

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Frequently asked questions

Who sponsors HB 1143?
HB 1143 is sponsored by Zack Hawkins (Democratic), Allison A. Dahle (Democratic), Cecil Brockman (Democratic), Montgomery, Autry, Mary Belk (Democratic), R. Smith, Fisher, Pricey Harrison (Democratic), and Meyer.
What is the current status of HB 1143?
This bill died with 2019-2020 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 1143?
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