North Carolina 2021-2022 Session Status: In Committee 3 D cosponsors

SB 646 — Marijuana Justice and Reinvestment Act.

Last action — Passed 1st Reading

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    Introduced
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    In Committee
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    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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

74 added · 75 removed

Plain-language change summary

The revised version of SB 646 includes some minor changes to the wording and formatting but does not alter the core content or intent of the bill. These adjustments help improve clarity and readability, making it easier for lawmakers and the public to understand the legislation. Importantly, the bill still focuses on legalizing certain cannabis products for adults and establishing regulations for cannabis establishments, which is significant for addressing issues related to cannabis use and regulation in North Carolina.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 6, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 646 Short Title:
646 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS45339-MLf-61A Short Title:
A BILL TO BE ENTITLED AN ACT TO LEGALIZE AND REGULATE THE SALE, POSSESSION, AND USE OF CANNABIS IN NORTH CAROLINA.
Rules and Operations of the Senate April 7, 2021 A BILL TO BE ENTITLED AN ACT TO LEGALIZE AND REGULATE THE SALE, POSSESSION, AND USE OF CANNABIS IN NORTH CAROLINA.
*DRS45339-MLf-61A* General Assembly Of North Carolina Session 2021 c.
*S646-v-1* General Assembly Of North Carolina Session 2021 c.
Page 2 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (10) Consumer.
Page 2 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (10) Consumer.
– A person 21 years of age or older who purchases cannabis or cannabis products for personal use by persons 21 years of age or older, but not for resale.
– A person 21 years of age or older who purchases cannabis or cannabis products for personal use bypersons 21 years of age or older, but not for resale.
– The plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent (0.3%) on a dry weight basis of any part of the plant cannabis, or per volume or weight of cannabis product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the cannabis plant regardless of moisture content.
– The plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent (0.3%) on a dryweight basis of anypart of the plant cannabis, or per volume or weight of cannabis product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the cannabis plant regardless of moisture content.
(b) Nolaterthan July 1 ofeachyear,theOfficeshall produceandmakepublicly available a report on how the Community Reinvestment and Repair Fund, Social Equity Fund, and Cannabis Education and Technical Assistance Fund were allocated during the prior fiscal year.
(b) Nolaterthan July1 ofeach year,theOfficeshall produceand makepubliclyavailable a report on how the Community Reinvestment and Repair Fund, Social Equity Fund, and Cannabis Education and Technical Assistance Fund were allocated during the prior fiscal year.
(c) No later than November 1 of each year, the Office shall solicit public input on the uses of the Community Reinvestment and Repair Fund, Social Equity Fund, and Cannabis DRS45339-MLf-61A Page 3 General Assembly Of North Carolina Session 2021 Education and Technical Assistance Fund.
(c) No later than November 1 of each year, the Office shall solicit public input on the uses of the Community Reinvestment and Repair Fund, Social Equity Fund, and Cannabis Senate Bill 646-First Edition Page 3 General Assembly Of North Carolina Session 2021 Education and Technical Assistance Fund.
The Office of Social Equity shall distribute funds from the Community Reinvestment and Repair Fund in a manner that improves the well-being of communities and individuals that have been significantly impacted by poverty, unemployment, cannabis prohibition, mass incarceration, or systemic racism.
The Office of Social Equity shall distribute funds from the Community Reinvestment and Repair Fund in a manner that improves the well-being of communities and individuals that have been significantlyimpacted bypoverty, unemployment, cannabis prohibition, mass incarceration, or systemic racism.
Page 4 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (4) Administering the Cannabis Education and Technical Assistance Fund to provide free or low-cost training, education, and technical assistance for individuals working in the cannabis industry or owning a cannabis establishment, with a focus on individuals who would qualify as social equity applicants.
Page 4 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (4) Administering the Cannabis Education and Technical Assistance Fund to provide free or low-cost training, education, and technical assistance for individuals working in the cannabis industry or owning a cannabis establishment, with a focus on individuals who would qualify as social equity applicants.
(c) The Department may begin accepting and processing applications to operate cannabis establishments from applicants other than social equity applicants no earlier than one year and 180 days after the effective date of this Chapter.
(c) The Department maybegin acceptingand processingapplications to operate cannabis establishments from applicants other than social equity applicants no earlier than one year and 180 days after the effective date of this Chapter.
(e) Within 120 days afterreceivinganapplicationorrenewal application,theDepartment shall issue an annual registration or a conditional registration to the applicant, unless the Department finds the applicant is not in compliance with rules enacted by the Department or the Department is notified by the relevant locality that the applicant is not in compliance with ordinances and regulations in effect at the time of application.
(e) Within 120 days afterreceivinganapplicationorrenewal application, theDepartment shall issue an annual registration or a conditional registration to the applicant, unless the Department finds the applicant is not in compliance with rules enacted by the Department or the Department is notified by the relevant locality that the applicant is not in compliance with ordinances and regulations in effect at the time of application.
DRS45339-MLf-61A Page 5 General Assembly Of North Carolina Session 2021 (b) Except as provided in this subsection, a locality may prohibit the operation of any or all typesofcannabis establishments withinitsjurisdiction throughtheenactment ofanordinance.
Senate Bill 646-First Edition Page 5 General Assembly Of North Carolina Session 2021 (b) Except as provided in this subsection, a locality may prohibit the operation of any or all types of cannabis establishments withinitsjurisdiction through the enactmentofan ordinance.
A locality's prohibition on cannabis establishments shall not prohibit transportation through the locality or deliveries within the locality by cannabis establishments located in other jurisdictions.
A locality's prohibition on cannabis establishments shall not prohibit transportation through the locality or deliveries within the localitybycannabis establishments located in other jurisdictions.
As used in this subsection, a "host community agreement" means an agreement that the cannabis establishment or applicant provide monies, donations, in-kind contributions, services, or anything of value to the locality.
As used in this subsection, a "host communityagreement" means an agreement that the cannabis establishment or applicant provide monies, donations, in-kind contributions, services, or anything of value to the locality.
(3) Cannabis cultivation may only occur on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property.
(3) Cannabis cultivation mayonlyoccur on propertylawfullyin possession of the cultivator or with the consent of the person in lawful possession of the property.
Page 6 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (a) No person shall consume cannabis while operating or driving a motor vehicle, boat, vessel, aircraft, or other motorized device used for transportation.
Page 6 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (a) No person shall consume cannabis while operating or driving a motor vehicle, boat, vessel, aircraft, or other motorized device used for transportation.
DRS45339-MLf-61A Page 7 General Assembly Of North Carolina Session 2021 (a) No person to whom cannabis or cannabis accessories may not lawfully be sold under this Chapter shall consume, purchase, or possess, or attempt to consume, purchase, or possess, any cannabis or cannabis accessories.
Senate Bill 646-First Edition Page 7 General Assembly Of North Carolina Session 2021 (a) No person to whom cannabis or cannabis accessories may not lawfully be sold under this Chapter shall consume, purchase, or possess, or attempt to consume, purchase, or possess, any cannabis or cannabis accessories.
(c) Except as provided in this section, the State nor any of its political subdivisions may deny adriverslicense, aprofessional license,housingassistance, socialservices, orotherbenefits based on cannabis use or for the presence of cannabinoids or cannabinoid metabolites in the urine, blood, saliva, breath, hair, or other tissue or fluid of a person who is 21 years of age or older.
(c) Except as provided in this section, the State nor any of its political subdivisions may denyadriverslicense, aprofessional license,housingassistance, socialservices, orotherbenefits based on cannabis use or for the presence of cannabinoids or cannabinoid metabolites in the urine, blood, saliva, breath, hair, or other tissue or fluid of a person who is 21 years of age or older.
(f) For the purposes of medical care, including organ and tissue transplants, the use of cannabis does not constitute the use of an illicit substance or otherwise disqualify a person from needed medical care and may only be considered with respect to evidence-based clinical criteria.
(f) For the purposes of medical care, including organ and tissue transplants, the use of cannabis does not constitute the use of an illicit substance or otherwise disqualify a person from needed medical care and may onlybe considered with respect to evidence-based clinical criteria.
(g) Notwithstanding any provision oflawtothecontrary,unlessthereis aspecificfinding that the individual's use, cultivation, or possession of cannabis could create a danger to the individual or another person, it shall not be a violation of conditions of parole, probation, or pretrial release to do either of the following:
(g) Notwithstandinganyprovisionoflawtothecontrary,unless thereis aspecificfinding that the individual's use, cultivation, or possession of cannabis could create a danger to the individual or another person, it shall not be a violation of conditions of parole, probation, or pretrial release to do either of the following:
Page 8 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (2) Apply to the extent that they conflict with a governmental employer's obligations under federal law or regulations or to the extent that they would disqualifytheentityfrom amonetaryorlicensing-relatedbenefitunderfederal law or regulations.
Page 8 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (2) Apply to the extent that they conflict with a governmental employer's obligations under federal law or regulations or to the extent that they would disqualifytheentityfrom amonetaryorlicensing-relatedbenefitunderfederal law or regulations.
(3) Authorize any person to engage in, and does not prevent the imposition of any civil, criminal, discipline, or other penalties, including discipline or termination by a governmental employer, any task while under the influence of cannabis, when doing so would constitute negligence or professional malpractice.
(3) Authorize anyperson to engage in, and does not prevent the imposition of any civil, criminal, discipline, or other penalties, including discipline or termination by a governmental employer, any task while under the influence of cannabis, when doing so would constitute negligence or professional malpractice.
(c) Subsection (b) of this section does not apply if both of the following requirements are met:
(c) Subsection (b) of this section does not applyif both of the following requirements are met:
(2) Underthecircumstances, a reasonableperson wouldhave known orsuspected that the document was counterfeit, forged, altered, or issued to a person other DRS45339-MLf-61A Page 9 General Assembly Of North Carolina Session 2021 than the person to whom the cannabis, cannabis products, or cannabis accessories were sold, given, or otherwise furnished.
(2) Underthecircumstances, a reasonableperson wouldhave known orsuspected that the document was counterfeit, forged, altered, or issued to a person other Senate Bill 646-First Edition Page 9 General Assembly Of North Carolina Session 2021 than the person to whom the cannabis, cannabis products, or cannabis accessories were sold, given, or otherwise furnished.
(4) Failing to prohibit cannabis possession or consumption would violate federal law or regulations or cause the landlord to lose amonetary or licensing-related benefit under federal law or regulations.
(4) Failing to prohibit cannabis possession or consumption would violate federal law or regulations or cause the landlord to lose a monetaryor licensing-related benefit under federal law or regulations.
It is the public policy of this State that no contract entered into by a cannabis establishment or its employees or agents as permitted pursuant to avalid registration,orbythosewhoallowpropertyto beused by a cannabis establishment, its employees, or its agents as permitted pursuant to a valid registration, shall be unenforceable on the basis that cultivating, obtaining, manufacturing, distributing, dispensing, transporting, selling, possessing, or using cannabis or hemp is prohibited by federal law.
It is the public policy of this State that no contract entered into by a cannabis establishment or its employees or agents as permitted pursuant to avalid registration,orbythosewhoallowpropertyto beused bya cannabis establishment, its employees, or its agents as permitted pursuant to a valid registration, shall be unenforceable on the basis that cultivating, obtaining, manufacturing, distributing, dispensing, transporting, selling, possessing, or using cannabis or hemp is prohibited by federal law.
Page 10 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 "§ 18D-415.
Page 10 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 "§ 18D-415.
(4) A limit on the number of cannabis establishments a major investor may invest in, unless each additional establishment is owned and operated by a social equity applicant.
(4) A limit on the number of cannabis establishments a major investor mayinvest in, unless each additional establishment is owned and operated by a social equity applicant.
(6) Qualifications for registration that are directly and demonstrably related to the operation of a cannabis establishment and that may not disqualify applicants solely for cannabis offenses prior to the effective date of this Chapter.
(6) Qualifications for registration that are directlyand demonstrablyrelated to the operation of a cannabis establishment and that may not disqualify applicants solely for cannabis offenses prior to the effective date of this Chapter.
DRS45339-MLf-61A Page 11 General Assembly Of North Carolina Session 2021 (8) Requirements for the transportation and storage of cannabis and cannabis products by cannabis establishments.
Senate Bill 646-First Edition Page 11 General Assembly Of North Carolina Session 2021 (8) Requirements for the transportation and storage of cannabis and cannabis products by cannabis establishments.
Requiring opaque, child-resistant packaging, which must be designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R.
Requiring opaque, child-resistant packaging, which must be designed or constructed to be significantlydifficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R.
(17) Prohibitionsonproductsthataredesignedtomaketheproduct moreappealing to children, including prohibiting the use of any images designed or likely to appeal to minors, including cartoons, toys, animals, or children, and any other likeness to images, characters, or phrases that are popularly used to advertise to children.
(17) Prohibitionsonproductsthataredesignedto maketheproduct moreappealing to children, including prohibiting the use of any images designed or likely to appeal to minors, including cartoons, toys, animals, or children, and any other likeness to images, characters, or phrases that are popularly used to advertise to children.
Page 12 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (22) Requirements that educational materials be disseminated to consumers who purchase cannabis-infused products.
Page 12 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (22) Requirements that educational materials be disseminated to consumers who purchase cannabis-infused products.
(b) After consulting with researchers knowledgeable about the risks and benefits of cannabis and providing an opportunity for public comment, the Department shall develop a scientifically accurate safety information label, handout, or both, which shall be available to each adult-use cannabis consumer.
(b) After consulting with researchers knowledgeable about the risks and benefits of cannabis and providing an opportunity for public comment, the Department shall develop a scientificallyaccurate safetyinformation label, handout, or both, which shall be available to each adult-use cannabis consumer.
(c) The Department shall review and update the safety information materials at least once every two years to ensure they remain accurate.
(c) The Department shall review and update the safetyinformation materials at least once every two years to ensure they remain accurate.
DRS45339-MLf-61A Page 13 General Assembly Of North Carolina Session 2021 (b) The tax imposed by this section shall be paid by the consumer to the cannabis establishment.
Senate Bill 646-First Edition Page 13 General Assembly Of North Carolina Session 2021 (b) The tax imposed by this section shall be paid by the consumer to the cannabis establishment.
(d) On the fifteenth day of each month, every cannabis establishment that sells cannabis to consumers shall pay the local option taxes due on the cannabis that the cannabis establishment sold in the prior calendar month.
(d) On the fifteenth day of each month, every cannabis establishment that sells cannabis to consumers shall paythe local option taxes due on the cannabis that the cannabis establishment sold in the prior calendar month.
(e) The tax imposed by this section is separate from and in addition to the cannabis excise tax authorized under G.S.
(e) The tax imposed bythis section is separate from and in addition to the cannabis excise tax authorized under G.S.
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Page 14 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (7) Up to one percent (1%) shall be distributed to the Department of Public Safety to fund Advanced Roadside Impaired Driving Enforcement and drug recognition expert training.
Page 14 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (7) Up to one percent (1%) shall be distributed to the Department of Public Safety to fund Advanced Roadside Impaired Driving Enforcement and drug recognition expert training.
(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 patient if the quantity of cannabis possessed or purchased does not exceed an adequate supply for the patient, as determined by the North Carolina Medical Care Commission.
(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 patient if the quantity of cannabis possessed or purchased does not exceed an adequate supply for the patient, as determined by the North Carolina Medical Care Commission.
(c) Subsection (a) of this section does not apply to a patient under 18 years of age, unless all of the following criteria are met:
(c) Subsection (a) of this section does not applyto a patient under 18 years of age, unless all of the following criteria are met:
If the patient or designated caregiver is not in possession of a registry identification card, the individual shall be given an opportunity to produce the registry identification card before the initiation of any arrest, criminal charges, or other penalties.
If the patient or designated caregiver is not in possession of a registry identification card, the individual shall be given an opportunityto produce the registryidentification card before the initiation of any arrest, criminal charges, or other penalties.
(f) A designated caregiver may receive reimbursement for costs associated with assisting a patient in the medical use of cannabis.
(f) A designated caregiver mayreceive reimbursement for costs associated with assisting a patient in the medical use of cannabis.
DRS45339-MLf-61A Page 15 General Assembly Of North Carolina Session 2021 (g) A school, employer, or landlord shall neither refuse to enroll, employ, or lease to nor otherwise penalize a patient or a designated caregiver solely because of (i) the individual's status as a patient or a designated caregiver or (ii) the presence of cannabis metabolites resulting from medical use of cannabis in the individual's bodily fluids.
Senate Bill 646-First Edition Page 15 General Assembly Of North Carolina Session 2021 (g) A school, employer, or landlord shall neither refuse to enroll, employ, or lease to nor otherwise penalize a patient or a designated caregiver solely because of (i) the individual's status as a patient or a designated caregiver or (ii) the presence of cannabis metabolites resulting from medical use of cannabis in the individual's bodily fluids.
(h) For the purposes of medical care, including organ transplants, a patient's authorized use of cannabis in accordance with this Article shall be treated in the same manner as the authorized useofany othermedicationusedat thedirectionofaphysicianand shall notconstitute the use of an illegal substance.
(h) For the purposes of medical care, including organ transplants, a patient's authorized use of cannabis in accordance with this Article shall be treated in the same manner as the authorized useofanyothermedicationusedat thedirection of aphysicianand shall notconstitute the use of an illegal substance.
(n) 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 patient with using or administering cannabis.
(n) 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 patient with using or administering cannabis.
(o) Possession of or application for a registry identification card shall not alone constitute probable cause to search the person or the property of the person possessing or applying for a registry identification card or otherwise subject the person or the person's property to inspection by any government agency.
(o) Possession of or application for a registryidentification card shall not alone constitute probable cause to search the person or the property of the person possessing or applying for a registry identification card or otherwise subject the person or the person's property to inspection by any government agency.
Page 16 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (p) 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 patient or designated caregiver, neither the law enforcement officer nor the law enforcement agency shall provide any information, except as required by federal law or the United States Constitution, from any cannabis-related investigation of the individual to any law enforcement authority that does not recognize the protections of this Article.
Page 16 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (p) 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 patient or designated caregiver, neither the law enforcement officer nor the law enforcement agency shall provide any information, except as required by federal law or the United States Constitution, from any cannabis-related investigation of the individual to any law enforcement authority that does not recognize the protections of this Article.
(a) Asused in this Article,"Department" means theNorthCarolinaDepartment ofHealth and Human Services.
(a) Asused in this Article,"Department"means theNorthCarolinaDepartment ofHealth and Human Services.
(d) TheDepartment shall verifytheinformation containedin aregistryidentificationcard application or renewal application submitted pursuant to this section and shall approve or deny an application or renewal application within 45 days after receipt.
(d) TheDepartment shall verifytheinformationcontainedin aregistryidentificationcard application or renewal application submitted pursuant to this section and shall approve or deny an application or renewal application within 45 days after receipt.
The Department may deny a registryidentification card applicationorrenewal application only iftheapplicant fails to provide the information required pursuant to this section or if the Department determines that the application or renewal application contains false information.
The Department may deny a registryidentification card applicationorrenewal applicationonlyiftheapplicant fails to provide the information required pursuant to this section or if the Department determines that the application or renewal application contains false information.
If the Department fails to approve or deny a registration application or renewal application submitted pursuant to this section within 45 days after receipt, the application or renewal application shall be deemed approved, and a copy of the application or renewal application together with proof of receipt by the Department at least 45 days prior to the date this information is presented in lieu of a registry identification card shall be deemed a valid registry identification card.
If the Department fails to approve or denya registration application or renewal application submitted pursuant to this section within 45 days after receipt, the application or renewal application shall be deemed approved, and a copy of the application or renewal application together with proof of receipt by the Department at least 45 days prior to the date this information is presented in lieu of a registry identification card shall be deemed a valid registry identification card.
(g) Each registry identification card shall contain at least all of the following information:
(g) Each registryidentification card shall contain at least all of the following information:
(1) A patient who has been issued a registry identification card shall notify the Department of any change in the patient's name, address, or designated DRS45339-MLf-61A Page 17 General Assembly Of North Carolina Session 2021 caregiver and submit a ten dollar ($10.00) fee to the Department within 15 days after the change occurs.
(1) A patient who has been issued a registry identification card shall notify the Department of any change in the patient's name, address, or designated Senate Bill 646-First Edition Page 17 General Assembly Of North Carolina Session 2021 caregiver and submit a ten dollar ($10.00) fee to the Department within 15 days after the change occurs.
(3) When a patient ordesignatedcaregivernotifies the Department ofany change, as required by this subsection, the Department shall issue the patient and each designated caregiver a new registry identification card within 10 days after receiving the updated information and the ten dollar ($10.00) fee.
(3) When apatient ordesignatedcaregivernotifies the Department ofanychange, as required by this subsection, the Department shall issue the patient and each designated caregiver a new registry identification card within 10 days after receiving the updated information and the ten dollar ($10.00) fee.
Page 18 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (o) Article 4 of Chapter 150B of the General Statutes governs judicial review of an administrative decision made under this section.
Page 18 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (o) Article 4 of Chapter 150B of the General Statutes governs judicial review of an administrative decision made under this section.
(p) Not later than 120 days after the effective date of this act, the North Carolina Medical CareCommissionshalladoptrulestoimplementtheprovisionsofthissection,includingdefining what constitutes a qualifying medical condition and an adequate supply of medical cannabis.
(p) Not later than 120 days after the effective date of this act, the North Carolina Medical CareCommissionshalladoptrulestoimplementtheprovisionsofthissection,includingdefining what constitutes a qualifying medical condition and an adequate supplyof medical cannabis.
90-730.2,andtheterm "physician" means apersonwhois licensed to prescribe drugs under the laws of this State." SECTION 2.2.
90-730.2,andtheterm "physician"means apersonwhois licensed to prescribe drugs under the laws of this State." SECTION 2.2.
DRS45339-MLf-61A Page 19 General Assembly Of North Carolina Session 2021 (d) The court shall also order that the conviction ordered expunged under this section be expunged from the records of the court and direct all law enforcement agencies bearing record of the same to expunge their records of the conviction.
Senate Bill 646-First Edition Page 19 General Assembly Of North Carolina Session 2021 (d) The court shall also order that the conviction ordered expunged under this section be expunged from the records of the court and direct all law enforcement agencies bearing record of the same to expunge their records of the conviction.
(e) Any other applicable State or local government agency shall expunge from its records entries made as a result of the conviction ordered expunged under this section.
(e) Anyother applicable State or local government agencyshall expunge from its records entries made as a result of the conviction ordered expunged under this section.
… Page 20 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (8) Any person 21 years of age or older who commits an offense under G.S.
… Page 20 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (8) Any person 21 years of age or older who commits an offense under G.S.
90-95(a)(1) on property used for a child care center, or for an elementary or secondary school or within 1,000 feet of the boundary of real property used for a child care center, or for an elementary or secondary school shall be punished as a Class E felon.
90-95(a)(1) on property used for a child care center, or for an elementary or secondaryschool or within 1,000 feet of the boundaryof real propertyused for a child care center, or for an elementary or secondary school shall be punished as a Class E felon.
… (h) Notwithstanding any other provision of law, the following provisions apply except as otherwise provided in this Article:
… (h) Notwithstanding anyother provision of law, the following provisions apply except as otherwise provided in this Article:
(a) As used in this Article, "drug paraphernalia" means all equipment, products and materials of any kind that are used to facilitate, or intended or designed to facilitate, violations of the Controlled Substances Act, including planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, and concealing controlled substances and injecting, ingesting, inhaling, or otherwise introducing controlled substances into the human body.
(a) As used in this Article, "drug paraphernalia" means all equipment, products and materials of anykind that are used to facilitate, or intended or designed to facilitate, violations of the Controlled Substances Act, including planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, and concealing controlled substances and injecting, ingesting, inhaling, or otherwise introducing controlled substances into the human body.
DRS45339-MLf-61A Page 21 General Assembly Of North Carolina Session 2021 … (7) Separation gins and sifters for removing twigs and seeds from, or otherwise cleaning or refining, marijuana;
Senate Bill 646-First Edition Page 21 General Assembly Of North Carolina Session 2021 … (7) Separation gins and sifters for removing twigs and seeds from, or otherwise cleaning or refining, marijuana;
Page 22 DRS45339-MLf-61A General Assembly Of North Carolina Session 2021 (1c) At the rate of fifty dollars ($50.00) for each gram, or fraction thereof, of any low-street-value drug that is sold by weight.
Page 22 Senate Bill 646-First Edition General Assembly Of North Carolina Session 2021 (1c) At the rate of fifty dollars ($50.00) for each gram, or fraction thereof, of any low-street-value drug that is sold by weight.
DRS45339-MLf-61A Page 23 General Assembly Of North Carolina Session 2021 SECTION 5.3.
Senate Bill 646-First Edition Page 23 General Assembly Of North Carolina Session 2021 SECTION 5.3.
Page 24 DRS45339-MLf-61A
Page 24 Senate Bill 646-First Edition
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How this bill changes current law

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The bill legalizes and regulates the sale, possession, and use of cannabis in North Carolina.

  • Chapter 18D. Regulation of Cannabis. Article 1. General Provisions. § 18D-100. Findings.

    This establishes a new chapter in the General Statutes concerning cannabis regulation.

  • § 18D-101. Definitions.

    This section defines various terms related to cannabis, including 'cannabis', 'cannabis establishments', and 'consumer'.

  • § 18D-102. Applicability.

    This clarifies that the chapter does not apply to medical cannabis regulated under existing statutes.

  • Article 2. Office of Social Equity. § 18D-200. Creation of the Office of Social Equity.

    This creates an Office of Social Equity within the Department of Public Safety, aimed at promoting participation in the cannabis industry.

  • § 18D-201. Establishment of funds.

    This establishes three funds to support community reinvestment, social equity, and cannabis education.

  • § 18D-202. Powers and duties of the Office.

    This outlines the responsibilities of the Office of Social Equity, including the definition of social equity applicants.

Action History

  1. Passed 1st Reading

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

  3. Filed

Sponsors

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2 sponsors · 5 co-sponsors · 172 not signed on

Sponsors (2)

Co-sponsors (5)

Not signed on (172)

172 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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Subjects

public-safety taxation agriculture
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Frequently asked questions

Who sponsors SB 646?
SB 646 is sponsored by Jay J. Chaudhuri (Democratic), Woodard, Foushee, Marcus, Natalie S. Murdock (Democratic), Nickel, and DeAndrea Salvador (Democratic).
What is the current status of SB 646?
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 646?
Track SB 646 free on One Click Politics — get push/email alerts when it moves.

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