North Carolina 2019-2020 Session Status: To Executive Bipartisan · 2 D · 1 R cosponsors

SB 168 — DHHS & Other Revisions.

Last action — Re-ref Com On Rules and Operations of the Senate

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

This bill died with 2019-2020 Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

94 added · 118 removed

Plain-language change summary

The changes made to Senate Bill 168 involved removing some administrative details from the document and adding a reference to the General Assembly of North Carolina. This makes it clearer which legislative session the bill is associated with, helping to organize and identify the bill more effectively. Such clarity is important for lawmakers and the public to track legislative progress and understand the context of the bill.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 168 Judiciary Committee Substitute Adopted 3/20/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 168 Short Title:
Expand Allowed Medical Uses/Cannabis Extract.
Expand Allowable Medical Uses of CBD Oil.
Senators McKissick and Hise (Primary Sponsors).
February 28, 2019 A BILL TO BE ENTITLED AN ACT AMENDING THE EXEMPTION FOR USE OR POSSESSION OF CANNABIS EXTRACTANDEXPANDINGTHEPERMISSIBLEUSEOFCANNABIS EXTRACTAS AN ALTERNATIVE TREATMENT OF CHRONIC CONDITIONS.
Rules and Operations of the Senate February 28, 2019 A BILL TO BE ENTITLED AN ACT AMENDING THE EXEMPTION FOR USE OR POSSESSION OF CANNABIDIOL AND EXPANDING THE PERMISSIBLE USE OF CANNABIDIOL AS AN ALTERNATIVE TREATMENT TO CHRONIC CONDITIONS.
This act shall be known as "Bethany's Law" and may be cited by that name.
SECTION 2.
90-94.1 reads as rewritten:
90-94.1(b) reads as rewritten:
"§ 90-94.1.
"(b) Notwithstanding any other provision of this Chapter, an individual may possess or use hemp extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria:
Exemption for use or possession of hemp cannabis extract.
(1) Possessesorusesthehempextractonlytotreatintractableepilepsy, asdefined in G.S.
(a) As used in this section, "hemp extract" "cannabis extract" means an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that has all of the following characteristics:
(1) Is composed of more than three-tenths of one percent (0.3%) tetrahydrocannabinol by weight and less than nine-tenths of one percent (0.9%) tetrahydrocannabinol by weight.
(2) Is composed of at least five percent (5%) cannabidiol cannabinoids other than tetrahydrocannabinol by weight.
(3) Contains no other psychoactive substance.
(b) Notwithstanding any other provision of this Chapter, an individual may possess or use hemp cannabis extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria:
(1) Possesses or uses the hemp cannabis extract only to treat intractable epilepsy, as defined in G.S.
(2) Possesses, in close proximity to the hemp cannabis extract, a certificate of analysis that indicates the hemp cannabis extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol other cannabinoids by weight.
(2) Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight.
90-113.101.
90-113.101." SECTION 2.
(c) Notwithstanding any other provision of this Chapter, an individual who possesses hemp cannabis extract lawfully under this section may administer hemp cannabis extract to another person under the individual's care and is not subject to the penalties described in this Chapter for administering the hemp cannabis extract to the person if the individual is the person's caregiver, as defined in G.S.
90-113.101.
*S168-v-2* General Assembly Of North Carolina Session 2019 (d) Any individual who possesses or uses hemp cannabis extract, as defined under this section, shall dispose of all residual oil from the extract at a secure collection box managed by a law enforcement agency.
No criminal penalty shall attach for any violation of this subsection." SECTION 3.
(a) This act may be cited as the "North Carolina Epilepsy Alternative Treatment Act." (b) The purpose of this act is to permit the use of hemp cannabis extract as an alternative treatment for intractable epilepsy.epilepsy, autism, multiple sclerosis, Crohn's disease, and Mitochondrial disease.
(a) This act may be cited as the "North Carolina Epilepsy Alternative Treatment Act." (b) The purpose of this act is to permit the use of hemp extract as an alternative treatment for intractable epilepsy.epilepsy, autism, multiple sclerosis, Crohn's disease, and Mitochondrial disease.
Hemp Cannabis extract shows promise in treating children with intractable epilepsy.these chronic conditions.
Hemp extract shows promise in treating children with intractable epilepsy.these chronic conditions.
– An individual that is at least 18 years of age and a resident of North Carolina who is a patient's parent, legal guardian, or custodian of a patient and custodian, or nurse employed by a home health agency licensed under Part 3 of Article 6 of Chapter 131E of the General Statutes, who is registered with the Department of Health and Human and Services under G.S.
– An individual that is at least 18 years of age and a resident of North Carolina who is a parent, legal guardian, or custodian custodian, nurse employed by a home health agency licensed under Part 3 of Article 6 of Chapter 131E of the General Statutes, or other caregiver of a patient and is registered with the Department of Health and Human and Services under *S168-v-1* General Assembly Of North Carolina Session 2019 G.S.
90-113.102 G.S.
90-113.102 who possesses a written statement dated and signed by a neurologist that states all of the following:
90-113.102, and who possesses a written statement dated and signed by a neurologist that states all of the following:
Thepatientsuffersfromintractableepilepsy.epilepsy,autism,multiple sclerosis, Crohn's disease, or Mitochondrial disease.
Thepatientsuffersfromintractable epilepsy.epilepsy,autism,multiple sclerosis, Crohn's disease, or Mitochondrial disease.
The patient may benefit from treatment with hemp cannabis extract.
The patient may benefit from treatment with hemp extract.
(5) Hemp Cannabis Extract.
(5) Hemp Extract.
Page 2 Senate Bill 168-Second Edition General Assembly Of North Carolina Session 2019 (8a) Physician.
(8a) Physician.
(4) The name, address, and hospital affiliation of the neurologist recommending hemp cannabis extract as an alternative treatment for intractable epilepsy for the patient.patient, and the name, address, and hospital affiliation of any physician with whom the neurologist consults about the patient's condition in making the recommendation.
(4) The name, address, and hospital affiliation of the neurologist recommending hemp extract as an alternative treatment for intractable epilepsy for the patient.patient, andthename,address, andhospitalaffiliation of anyphysician with whom the neurologist consults about the patient's condition in making the recommendation.
(c) If at any time following registration, the name, address, or hospital affiliation of the patient's neurologist or physician changes, the caregiver shall notify the Department and provide the Department with the patient's new neurologist's or physician's name, address, and hospital affiliation." SECTION 4.
(c) If at any time following registration, the name, address, or hospital affiliation of the patient's neurologist or physician changes, the caregiver shall notify the Department and provide Page 2 Senate Bill 168-First Edition General Assembly Of North Carolina Session 2019 the Department with the patient's new neurologist's or physician's name, address, and hospital affiliation." SECTION 3.
The requirements of G.S.
Senate Bill 168-First Edition Page 3
90-113.101(1)d., as enacted by Section 3 of this act, shall apply to caregivers who register with the Department of Health and Human Services under G.S.
90-113.102 on or after that date.
Senate Bill 168-Second Edition Page 3
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Action History

  1. Re-ref Com On Rules and Operations of the Senate

  2. Vetoed 07/06/2020

  3. Placed on Today's Calendar

  4. Conf Report Adopted

  5. Ordered Enrolled

  6. Ratified

  7. Pres. To Gov. 6/26/2020

  8. Special Message Received For Concurrence in H Com Sub

  9. Placed on Today's Calendar

  10. Failed Concur In H Com Sub

  11. Conf Com Appointed

  12. Conf Com Appointed

  13. Conf Com Reported

  14. Added to Calendar

  15. Conf Report Adopted

  16. Conf Com Reported

  17. Reptd Fav Com Substitute

  18. Serial Referral To Rules, Calendar, and Operations of the House Stricken

  19. Cal Pursuant Rule 36(b)

  20. Added to Calendar

  21. Amend Adopted A1

  22. Passed 2nd Reading

  23. Passed 3rd Reading

  24. Ordered Engrossed

  25. Special Message Sent To Senate

  26. Withdrawn From Com

  27. Re-ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House

  28. Passed 1st Reading

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

  30. Regular Message Sent To House

  31. Regular Message Received From Senate

  32. Amend Adopted A1

  33. Passed 2nd Reading

  34. Passed 3rd Reading

  35. Engrossed

  36. Reptd Fav

  37. Reptd Fav Com Substitute

  38. Com Substitute Adopted

  39. Re-ref Com On Rules and Operations of the Senate

  40. Reptd Fav Com Substitute

  41. Com Substitute Adopted

  42. Re-ref Com On Rules and Operations of the Senate

  43. Withdrawn From Com

  44. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  45. Reptd Fav

  46. Re-ref Com On Judiciary

  47. Withdrawn From Com

  48. Re-ref to Health Care. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  49. Passed 1st Reading

  50. Ref To Com On Rules and Operations of the Senate

  51. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 174 not signed on · 1 voted No

Sponsors (1)

  • McKissick

Co-sponsors (4)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"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

Votes

Conference Rpt Motion 8 To Adopt

Passed 43 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 8001
Unaffiliated 23005
Republican 12001
Total 43007
% of votes cast 86%0%0%14%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
Nickel — Yea
Smith — Yea
Woodard — Yea
Ballard — Yea
Brown — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Wells — Yea
Peterson — Not Voting
Searcy — Not Voting
VanDuyn — Not Voting
Bryan — Not Voting
Tillman — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Not Voting
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Not Voting
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

C RPT Adoption

Passed 109 Yea · 1 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 23101
Republican 33002
Unaffiliated 52006
U 1001
Total 1091010
% of votes cast 91%1%0%8%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Jackson — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
P. Jones — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Fisher — Not Voting
Floyd — Not Voting
Insko — Not Voting
Lucas — Not Voting
Terry — Not Voting
Davis — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Nay
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Vernetta Alston Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Not Voting
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Not Voting
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Not Voting
Nasif Majeed U Yea

Official roll call →

Subjects

public-safety healthcare labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 168?
SB 168 is sponsored by McKissick, Ralph Hise (Republican), Paul A. Lowe, Jr. (Democratic), Marcus, and Joyce Waddell (Democratic).
What is the current status of SB 168?
This bill died with 2019-2020 Session. It reached “To Executive” 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 SB 168?
Track SB 168 free on One Click Politics — get push/email alerts when it moves.

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