North Carolina 2021-2022 Session Status: In Committee 1 D cosponsors

SB 669 — Enact Medical Cannabis Act.

Last action — Passed 1st Reading

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

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

56 added · 57 removed

Plain-language change summary

The latest version of Senate Bill 669 includes new provisions that clarify the protections for patients who use cannabis for medical purposes. Specifically, it reinforces that qualified patients should not face penalties from licensing boards for possessing or purchasing cannabis within allowed limits. Additionally, designated caregivers are now explicitly allowed to receive reimbursement for related costs, which could help improve access to medical cannabis for those who need it. These changes are significant as they aim to enhance support for medical cannabis users and caregivers, ensuring better compliance and access to necessary services.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 7, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 669 Short Title:
669 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS15261-MGf-8A Short Title:
A BILL TO BE ENTITLED AN ACT ENACTING THE NORTH CAROLINA MEDICAL CANNABIS ACT.
Rules and Operations of the Senate April 8, 2021 A BILL TO BE ENTITLED AN ACT ENACTING THE NORTH CAROLINA MEDICAL CANNABIS ACT.
Chapter 90 of the General Statutes is amended by adding a new Article to read:
Chapter 90 of the General Statutes is amended byadding a new Article to read:
The cannabis is grown at the federal cannabis research garden at the University of Mississippi and is processedanddistributedbythe Research Triangle Institute in Research Triangle Park, North Carolina.
The cannabis is grown at the federal cannabis research garden at the University of Mississippi and is processedanddistributedbythe ResearchTriangle Institute in Research Triangle Park, North Carolina.
(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 *DRS15261-MGf-8A* General Assembly Of North Carolina Session 2021 garden's yield.
(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 *S669-v-1* General Assembly Of North Carolina Session 2021 garden's yield.
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 forpatients whouse cannabis daily,andlessthan the amount prescribed and delivered to the IND patients by the federal government.
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 forpatients whouse cannabis daily, and less than the amount prescribed and delivered to the IND patients by the federal government.
(6) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law.
(6) States are not required to enforce federal law or prosecute people for engaging in activities prohibited byfederal law.
(9) This Article is intended to make only those changes to existing North Carolina laws that are necessary to protect patients and their physicians and caretakers from criminal and civil penalties and is not intended to change current civil and criminal laws governing the use of cannabis for nonmedical purposes.
(9) This Article is intended to make onlythose changes to existing North Carolina laws that are necessary to protect patients and their physicians and caretakers from criminal and civil penalties and is not intended to change current civil and criminal laws governing the use of cannabis for nonmedical purposes.
(10) The General Assembly enacts this Article pursuant to its police power to enact legislation for the protection of the health of its residents, as reserved to the State in the Tenth Amendment of the United States Constitution.
(10) The General Assemblyenacts this Article pursuant to its police power to enact legislation for the protection of the health of its residents, as reserved to the State in the Tenth Amendment of the United States Constitution.
An amount of usable cannabis derived solely from an intrastate source that is possessed by a qualified patient, or collectively possessed by a qualified patient and the qualified patient's designated caregiver, in an amount that does not exceed what is reasonably necessary to assure the uninterrupted availability of cannabis in any form recommended by the qualified patient's physician for the purpose of alleviating the symptoms or effects of the qualified patient's medical condition.
An amount of usable cannabis derived solely from an intrastate source that is possessed by a qualified patient, or collectively possessed by a qualified patient and the qualified patient's designated caregiver, in an amount that does not exceed what is reasonably necessary to assure the uninterrupted availabilityof cannabis in anyform recommended by the qualified patient's physician for the purpose of alleviating the symptoms or effects of the qualified patient's medical condition.
– A product infused with cannabis that is intended foruseorconsumptionotherthanbyinhalation orsmoking.
– A product infused with cannabis that is intended foruseorconsumptionotherthanbyinhalation orsmoking.Theterm includes edible products, ointments, and tinctures.
Theterm includes edible products, ointments, and tinctures.
Page 2 DRS15261-MGf-8A General Assembly Of North Carolina Session 2021 (5) Canopy cover.
Page 2 Senate Bill 669-First Edition General Assembly Of North Carolina Session 2021 (5) Canopy cover.
– A statement in a patient's medical records or a statement signed by a physician indicating that, in the physician's professional opinion, the patient has a medical condition and the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient.
– A statement in a patient's medical records or a statement signed bya physician indicatingthat, in the physician's professional opinion, the patient has a medical condition and the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient.
(a) A qualified patient shall not be subject to arrest, prosecution, or penalty in any manner,ordeniedany right orprivilege,including,but not limitedto, civilpenaltyordisciplinary 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 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.
(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 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 action bya 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.
DRS15261-MGf-8A Page 3 General Assembly Of North Carolina Session 2021 (c) If usable cannabis is infused or added as an ingredient to food, salve, tincture, or any other preparation to be consumed or used by a qualified patient, the weight of the other ingredients that are not usable cannabis shall not be included for the purpose of determining whether a qualified patient is in possession of an amount of cannabis that exceeds the qualified patient's adequate supply.
Senate Bill 669-First Edition Page 3 General Assembly Of North Carolina Session 2021 (c) If usable cannabis is infused or added as an ingredient to food, salve, tincture, or any other preparation to be consumed or used by a qualified patient, the weight of the other ingredients that are not usable cannabis shall not be included for the purpose of determining whether a qualified patient is in possession of an amount of cannabis that exceeds the qualified patient's adequate supply.
(g) A designated caregiver may receive reimbursement for costs associated with assisting a qualified patient in the medical use of cannabis.
(g) A designated caregiver mayreceive reimbursement for costs associated with assisting a qualified patient in the medical use of cannabis.
(2) Providing a patient with valid documentation, based upon the physician's assessment of the patient's medical history and current medical condition, that Page 4 DRS15261-MGf-8A General Assembly Of North Carolina Session 2021 the potential benefits of the medical use of cannabis would likely outweigh the health risks for that particular patient.
(2) Providing a patient with valid documentation, based upon the physician's assessment of the patient's medical history and current medical condition, that Page 4 Senate Bill 669-First Edition General Assembly Of North Carolina Session 2021 the potential benefits of the medical use of cannabis would likely outweigh the health risks for that particular patient.
(p) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the presence or vicinity of the medical use of cannabis as permitted under this Article or for assisting a qualified patient with using or administering cannabis.
(p) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the presence or vicinityof the medical use of cannabis as permitted under this Article or for assisting a qualified patient with using or administering cannabis.
(r) If an individual being investigated by a law enforcement officer employed by a State-funded or locally funded law enforcement agency credibly asserts during the course of the investigation that the individual is a qualified patient or designated caregiver, neither the law enforcement officer nor the law enforcement agency shall provide any information, except as required by federal lawor theUnitedStates Constitution, from any cannabis-relatedinvestigation of the individual to any law enforcement authority that does not recognize the protections of this Article.
(r) If an individual being investigated by a law enforcement officer employed by a State-funded or locally funded law enforcement agency credibly asserts during the course of the investigation that the individual is a qualified patient or designated caregiver, neither the law enforcement officer nor the law enforcement agency shall provide any information, except as required byfederal lawor theUnitedStates Constitution, from anycannabis-relatedinvestigation of the individual to any law enforcement authority that does not recognize the protections of this Article.
DRS15261-MGf-8A Page 5 General Assembly Of North Carolina Session 2021 (u) Nothing in this Article shall be construed to extend the protections of this Article to any person, including a qualified patient, designated caregiver, licensed medical cannabis center, licensed producer of medical cannabis, or licensed producer of cannabis-infused products, 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.
Senate Bill 669-First Edition Page 5 General Assembly Of North Carolina Session 2021 (u) Nothing in this Article shall be construed to extend the protections of this Article to any person, including a qualified patient, designated caregiver, licensed medical cannabis center, licensed producer of medical cannabis, or licensed producer of cannabis-infused products, 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.
However, a qualified patient shall not be considered impaired solely due to the presence of cannabis metabolites in the individual's system.
However, a qualified patient shall not be considered impaired solelydue to the presence of cannabis metabolites in the individual's system.
(b) A person who commits an act prohibited by subsection (a) of this section is subject to all penalties provided by law.
(b) A person who commits an act prohibited bysubsection (a) of this section is subject to all penalties provided by law.
(1) Agovernment-sponsored medical assistance program orprivatehealthinsurer to reimburse a person for costs associated with the medical use of cannabis.
(1) A government-sponsored medical assistance program orprivatehealth insurer to reimburse a person for costs associated with the medical use of cannabis.
Page 6 DRS15261-MGf-8A General Assembly Of North Carolina Session 2021 e.
Page 6 Senate Bill 669-First Edition General Assembly Of North Carolina Session 2021 e.
(4) No later than 30 days after issuing or renewing a license under this subsection, the Department shall issue a medical cannabis center registry identification card to each director and employee listed on the application or renewal form upon receipt of a ten-dollar ($10.00) fee per cardholder.
(4) No later than 30 days after issuing or renewinga license under this subsection, the Department shall issue a medical cannabis center registry identification card to each director and employee listed on the application or renewal form upon receipt of a ten-dollar ($10.00) fee per cardholder.
Thename, address, and dateof birth of eachemployeeof theproducer.
Thename, address, and dateof birth of eachemployee of theproducer.
DRS15261-MGf-8A Page 7 General Assembly Of North Carolina Session 2021 i.
Senate Bill 669-First Edition Page 7 General Assembly Of North Carolina Session 2021 i.
(5) Not later than 30 days after issuing or renewing a license to produce cannabis-infused products, the Department shall issue a registry identification Page 8 DRS15261-MGf-8A General Assembly Of North Carolina Session 2021 card to the licensed producer of cannabis-infused products and to each of the 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 Page 8 Senate Bill 669-First Edition General Assembly Of North Carolina Session 2021 card to the licensed producer of cannabis-infused products and to each of the producer's employees upon payment of a fee of ten dollars ($10.00) per cardholder.
– All cannabis sold through the regulated medical cannabis supply system establishedunderthis sectionshall besubject to thefollowing limitations and requirements:
– All cannabis sold through the regulated medical cannabis supplysystem establishedunderthis sectionshall besubject to thefollowinglimitations and requirements:
– A medical cannabis center, producer of medical cannabis, or producer of cannabis-infused products with a valid license for that function is exempt from the criminal laws ofthis State forpossession, production, delivery,or transportation of cannabis, or aiding and abetting another in the possession, production, delivery, or transportation of cannabis, or any other criminal offense in which possession, production, delivery, or transportation of cannabis is an element if the medical cannabis center, producer of medical cannabis, or producer of cannabis-infused products is in substantial compliance with this section and any rules adopted under this section.
– A medical cannabis center, producer of medical cannabis, or producer of cannabis-infused products with a valid license for that function is exempt from the criminal laws ofthis State forpossession, production, delivery, or transportation of cannabis, or aiding and abetting another in the possession, production, delivery, or transportation of cannabis, or any other criminal offense in which possession, production, delivery, or transportation of cannabis is an element if the medical cannabis center, producer of medical cannabis, or producer of cannabis-infused products is in substantial compliance with this section and any rules adopted under this section.
DRS15261-MGf-8A Page 9 General Assembly Of North Carolina Session 2021 (2) Delivering cannabis to any individual who the person knows is not a qualified patient or caregiver who holds a written certification, nor a person who holds a license under G.S.
Senate Bill 669-First Edition Page 9 General Assembly Of North Carolina Session 2021 (2) Delivering cannabis to any individual who the person knows is not a qualified patient or caregiver who holds a written certification, nor a person who holds a license under G.S.
– (1) Each medical cannabis center, producer of medical cannabis, and producer of cannabis-infused products licensed under this section shall submit quarterly reports to the Department on all financial transactions, including, but not limitedto, salesandpurchases of cannabis andcannabis-infusedproducts, and transfers of cannabis and cannabis-infused products for no consideration.
– (1) Each medical cannabis center, producer of medical cannabis, and producer of cannabis-infused products licensed under this section shall submit quarterly reports to the Department on all financial transactions, including, but not limitedto, salesandpurchases of cannabis andcannabis-infused products, and transfers of cannabis and cannabis-infused products for no consideration.
In order to Page 10 DRS15261-MGf-8A General Assembly Of North Carolina Session 2021 ensure compliance with this subdivision, the Department shall conduct a criminal history record check of any person whose name is submitted on an application as the director or an employee of the medical cannabis center, or as a producer or employee of a producer.
In order to Page 10 Senate Bill 669-First Edition General Assembly Of North Carolina Session 2021 ensure compliance with this subdivision, the Department shall conduct a criminal history record check of any person whose name is submitted on an application as the director or an employee of the medical cannabis center, or as a producer or employee of a producer.
In order to ensure compliance with this subdivision, the Department shall conduct acriminal historyrecord checkof any personwhose name is submitted on an application as the director or an employee of the medical cannabis center or as a producer or employee of a producer.
In order to ensure compliance with this subdivision, the Department shall conduct acriminal historyrecord checkof anypersonwhose name is submitted on an application as the director or an employee of the medical cannabis center or as a producer or employee of a producer.
The Department shall not suspend or revoke a license without conducting an investigation and providing the licensee an opportunity for a public hearing, at which the licensee shall be afforded an opportunity to be heard.
The Department shall not suspend or revoke a license without conducting an investigation and providing the licensee an opportunityfor a public hearing, at which the licensee shall be afforded an opportunity to be heard.
(q) Nothing in this section shall be construed to prevent Department employees from notifying law enforcement officers about falsified or fraudulent information submitted to the Department by any person in support of an application for a license authorized by subsection (c), (d), or (e) of this section.
(q) Nothing in this section shall be construed to prevent Department employees from notifying law enforcement officers about falsified or fraudulent information submitted to the Department by anyperson in support of an application for a license authorized by subsection (c), (d), or (e) of this section.
If the person is not in possession of a valid license, the person shall be given a reasonable DRS15261-MGf-8A Page 11 General Assembly Of North Carolina Session 2021 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 Senate Bill 669-First Edition Page 11 General Assembly Of North Carolina Session 2021 period of time to produce the license before the initiation of any arrest, criminal charges, or other penalties.
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90-730.4, either of the affirmative defenses set out in subdivisions (1)and (2)of this subsectionmay beused by aperson charged with a criminal offense of possession, delivery, or production of cannabis, or any other criminal offense in which possession, delivery, or production of cannabis is an element.
90-730.4, either of the affirmative defenses set out in subdivisions (1)and (2)of this subsectionmaybeused byaperson charged with a criminal offense of possession, delivery, or production of cannabis, or any other criminal offense in which possession, delivery, or production of cannabis is an element.
Possesses or delivers cannabis only in the amount described in this Article as an adequate supply, or in an amount exceeding an adequate supply if the person proves by a preponderance of the evidence that the greater amount is medically necessary to mitigate the symptoms or effects oftheperson's medical condition, as determinedbytheperson's attending physician.
Possesses or delivers cannabis only in the amount described in this Article as an adequate supply, or in an amount exceeding an adequate supply if the person proves by a preponderance of the evidence that the greater amount is medicallynecessaryto mitigate the symptoms or effects oftheperson's medical condition, as determinedbytheperson's attending physician.
Possesses, delivers,orproduces cannabis only in theamount described herein as an adequate supply or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person's attending physician to mitigate the symptoms or effects of the assisted person's medical condition.
Possesses, delivers,orproduces cannabis onlyin theamount described herein as an adequate supply or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person's attending physician to mitigate the symptoms or effects of the assisted person's medical condition.
(2) Presenting evidence supporting the medical necessity of using cannabis for treatment of a specific disease or medical condition if (i) the amount of Page 12 DRS15261-MGf-8A General Assembly Of North Carolina Session 2021 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.
(2) Presenting evidence supporting the medical necessity of using cannabis for treatment of a specific disease or medical condition if (i) the amount of Page 12 Senate Bill 669-First Edition General Assembly Of North Carolina Session 2021 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.
(a) It is the intent of the General Assembly that The University of North Carolina System undertake objective scientific research regarding the efficacy and safety of administering cannabis as part of medical treatment.
(a) It is the intent of the General Assemblythat The Universityof North Carolina System undertake objective scientific research regarding the efficacy and safety of administering cannabis as part of medical treatment.
If the Board of Governors of The University of North Carolina, by appropriate resolution, accepts this responsibility, The University of North Carolina shall create a program to be known as the North Carolina Cannabis Research Program.
If the Board of Governors of The University of North Carolina, byappropriate resolution, accepts this responsibility, The University of North Carolina shall create a program to be known as the North Carolina Cannabis Research Program.
(1) The Department of Health and Human Services shall issue a temporary certificate for participation in the regulated medical supply system established under G.S.
(1) The Department of Health and Human Services shall issue a temporary certificate for participation in the regulated medical supplysystem established under G.S.
(2) An individual in possession of a temporary certificate issued pursuant to subdivision (1) of this section and that individual's designated caregiver are DRS15261-MGf-8A Page 13 General Assembly Of North Carolina Session 2021 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 collectively is not more than the amount specified on the temporary certificate issued by the Department of Health and Human Services.
(2) An individual in possession of a temporary certificate issued pursuant to subdivision (1) of this section and that individual's designated caregiver are Senate Bill 669-First Edition Page 13 General Assembly Of North Carolina Session 2021 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.
Articles used for components of any such article." SECTION 5.
Articles used for components of any such article." SECTION5.
Page 14 DRS15261-MGf-8A
Page 14 Senate Bill 669-First Edition
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How this bill changes current law

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Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill enacts the North Carolina Medical Cannabis Act, establishing a legal framework for the medical use of cannabis in the state.

  • Chapter 90

    Article 43. North Carolina Medical Cannabis Act.

    This creates a new Article in Chapter 90 to regulate medical cannabis.

  • § 90-730.1

    This Article shall be known and may be cited as the "North Carolina Medical Cannabis Act."

    This establishes the title for the new medical cannabis legislation.

  • § 90-730.2

    Definitions specific to the medical cannabis act are introduced.

    This section defines terms relevant to the medical cannabis framework.

  • § 90-730.3

    Details the protections for qualified patients and caregivers regarding the medical use of cannabis.

    This section provides legal protections for patients and caregivers using cannabis for medical purposes.

  • § 90-730.2(2)

    Cannabis. – Marijuana as defined in G.S. 90-87(16).

    This incorporates the existing definition of marijuana in the context of the new act.

  • § 90-730.3(a)

    A qualified patient shall not be subject to arrest, prosecution, or penalty in any manner,... for the possession or purchase of cannabis for medical use...

    This protects qualified patients from legal penalties related to medical cannabis possession.

  • § 90-730.3(b)

    A designated caregiver shall not be subject to arrest, prosecution, or penalty in any manner,... for the possession or purchase of cannabis for medical use...

    This extends legal protections to designated caregivers helping qualified patients.

  • § 90-730.3(d)

    Subsection (a) of this section does not apply to a qualified patient under 18 years of age,...

    This adds specific conditions for the medical use of cannabis by patients under 18.

  • § 90-730.3(e)

    A qualified patient or a designated caregiver shall be granted the full legal protections...

    This requires possession of a written certification to ensure legal protections.

Action History

  1. Passed 1st Reading

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

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

  • Marcus

Not signed on (176)

176 members have not signed on to this bill.

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"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 SB 669?
SB 669 is sponsored by Nickel, Natalie S. Murdock (Democratic), and Marcus.
What is the current status of SB 669?
This bill died with 2021-2022 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 SB 669?
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