North Carolina 2023-2024 Session Status: Passed Senate Bipartisan · 6 R · 4 D cosponsors

SB 3 — NC Compassionate Care Act.

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

This bill died with 2023-2024 Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

1198 added · 1268 removed

Plain-language change summary

The changes in Senate Bill 3 include adding clearer guidelines for the availability of cannabis, specifically ensuring it can be accessed for a 30-day period without disruption. Additionally, the bill emphasizes regulations on how cannabis can be consumed, excluding methods like smoking or vaping. These adjustments are significant as they aim to provide stability and accessibility for patients who rely on cannabis for medical purposes, while also ensuring that it is consumed safely.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 2 SENATE BILL 3 Judiciary Committee Substitute Adopted 2/21/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 3 Short Title:
Senators Rabon, Lee, and Lowe (Primary Sponsors).
January 26, 2023 A BILL TO BE ENTITLED AN ACT ENACTING THE NORTH CAROLINA COMPASSIONATE CARE ACT.
Rules and Operations of the Senate January 26, 2023 A BILL TO BE ENTITLED AN ACT ENACTING THE NORTH CAROLINA COMPASSIONATE CARE ACT.
*S3-v-2* General Assembly Of North Carolina Session 2023 (1) Adequate supply.
*S3-v-1* General Assembly Of North Carolina Session 2023 (1) Adequate supply.
– An amount, as determined by the qualified patient's physician, 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 for a period of 30 days, in any form recommended by the qualified patient's physician for the purpose of alleviating the symptoms or effects of the qualified patient's debilitating 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 assuretheuninterrupted availabilityof cannabis for aperiodof30 days, in any form recommended by the qualified patient's physician for the purpose of alleviating the symptoms or effects of the qualified patient's debilitating medical condition.
Page 2 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 o.
Page 2 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 o.
Senate Bill 3-Second Edition Page 3 General Assembly Of North Carolina Session 2023 (19a) Supplier identification cardholder.
Senate Bill 3-First Edition Page 3 General Assembly Of North Carolina Session 2023 (20) Usable cannabis.
– A person who has been issued a supplier registry identification card.
(19b) Supplier registry identification card.
– A document issued by the North Carolina Department of Health and Human Services pursuant to G.S.
90-113.120(f).
(20) Usable cannabis.
Amedical doctorrecommendedbythe North CarolinaMedical Board, whomaybeaformerorcurrentmemberoftheNorthCarolinaMedical Board.
A medical doctor or doctor of osteopathy licensed in the State.
Page 4 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 (3) Two members appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S.
(3) Two members appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S.
(d) Vacancies.
Page 4 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 (d) Vacancies.
A physician shall complete a three-hour supplemental continuingmedical education coursethereafterin anyyearin whichthephysician issues awritten certification.
A physician shall complete a three-hour supplemental continuingmedical education coursethereafterin anyyearin which thephysicianissues awritten certification.
– A physician shall reevaluate a patient for whom the physician has issued a written certification as frequently as necessary to determine the Senate Bill 3-Second Edition Page 5 General Assembly Of North Carolina Session 2023 efficacy of the use of cannabis as a treatment for the patient's particular medical condition, the appropriateness of the delivery method and dosage included in the written certification, and any adverse side effects.
– A physician shall reevaluate a patient for whom the physician has issued a written certification as frequently as necessary to determine the efficacy of the use of cannabis as a treatment for the patient's particular medical condition, the appropriateness of the delivery method and dosage included in the written certification, and any adverse side effects.
The Commission may set a shorter interval for mandatory patient reevaluations and may set requirements for in-person physical examination during reevaluations.
The Commission may set a Senate Bill 3-First Edition Page 5 General Assembly Of North Carolina Session 2023 shorter interval for mandatory patient reevaluations and may set requirements for in-person physical examination during reevaluations.
– A physician shall update the medical cannabis registry database within 48 hours after any change is made to the original written certification to reflect such change, including deactivation of a written certification.
– A physician shall update the medical cannabis registry database within three days after any change is made to the original written certification to reflect such change, including deactivation of a written certification.
The Department shall, upon request, provide information contained in the medical cannabis registry database to the North Carolina Medical Board.
Page 6 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 (b) Qualified Patients Under Age 18.
(b) Qualified Patients Under Age 18.
(2) The qualified patient's physician restricts the qualified patient's use of cannabis to a noninhalation consumption method, and the qualified patient and the qualified patient's designated caregivers agree to comply with this restriction.
Page 6 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 (2) The qualified patient's physician restricts the qualified patient's use of cannabis to a noninhalation consumption method, and the qualified patient and the qualified patient's designated caregivers agree to comply with this restriction.
(2) A designated caregiver shall notify the Department of any change in name or address and submit a fifty dollar ($50.00) fee to the Department within 15 Senate Bill 3-Second Edition Page 7 General Assembly Of North Carolina Session 2023 days after the change occurs.
(2) A designated caregiver shall notify the Department of any change in name or address and submit a fifty dollar ($50.00) fee to the Department within 15 days after the change occurs.
(3) When a qualified patient or designated caregiver notifies the Department of any change, as required by this subsection, the Department shall issue the qualified patient and each designated caregiver a new registry identification cardwithin 10 days after receivingtheupdatedinformation and thefiftydollar ($50.00) fee.
(3) When a qualified patient or designated caregiver notifies the Department of any change, as required by this subsection, the Department shall issue the Senate Bill 3-First Edition Page 7 General Assembly Of North Carolina Session 2023 qualified patient and each designated caregiver a new registry identification cardwithin 10 days after receivingtheupdatedinformation and thefiftydollar ($50.00) fee.
Requirement to carry and disclose registry identification card or supplier registry identification card to law enforcement.
Requirement to carry and disclose registry identification card to law enforcement.
If carrying cannabis or a cannabis-infused product, a registry identification cardholder or a supplier registry identification cardholder shall:
(a) Requirement to Carry.
(i) carry the registry identification card or supplier registry identification card together with valid identification and (ii) when approached or addressed by a law enforcement officer, shall display both the registry identification card or supplier registry identification card and valid identification.
– A registry identification cardholder shall carry the registry identification card together with valid identification whenever the registry identification cardholder is carrying cannabis or cannabis-infused product as provided in this Article.
(b) Requirement to Disclose.
– Theregistryidentification cardholdershall discloseto any law enforcement officer that the registry identification cardholder holds a valid registry identificationcardwhenapproachedoraddressedbytheofficerandshalldisplayboththeregistry identification card and valid identification at the request of a law enforcement officer.
Law Page 8 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 enforcement agencies may contact the Department to confirm a registry identification cardholder's identity if the law enforcement agency is unable to verify the registry identification cardholder by using the medical cannabis verification system established by G.S.
Law enforcement agencies may contact the Department to confirm registry identification cardholders.
90-113.127.
(2) The name, address, and hospital affiliation of the physician who issued the written certification of the qualified patient's debilitating condition.
Page 8 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 (2) The name, address, and hospital affiliation of the physician who issued the written certification of the qualified patient's debilitating condition.
(4) The adequate supply of cannabis or cannabis-infused product prescribed to the qualified patient.
(5) The prescribed delivery method for the cannabis or cannabis-infused product for the qualified patient.
(7) A member of the Compassionate Use Advisory Board appointed pursuant to G.S.
(7) A physician member of the North Carolina Medical Board designated by the North Carolina Medical Board.
90-113.113(a)(1).
Senate Bill 3-Second Edition Page 9 General Assembly Of North Carolina Session 2023 (9) A member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S.
(9) A member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S.
(d) Vacancies.
Senate Bill 3-First Edition Page 9 General Assembly Of North Carolina Session 2023 (d) Vacancies.
Each supplier shall not own and operate more than eight medical cannabis centers.
In awardingthelicenses, theCommissionshall requireeachsupplierownandoperate no more than eight medical cannabis centers.
Each supplier must operate at least one medical cannabis center in a Tier 1 county.
Of the medical cannabis centers operated by each supplier, at least one shall be located in a Tier 1 county.
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For the purposes ofthis section, "Tier1 county"shall mean the2023 CountyTierDesignations published by the North Carolina Department of Commerce pursuant to G.S.
143B-437.08.
In awarding the licenses, the Commission shall consider the following criteria:
(1) Priority shall be given to any supplier who commits to establishing a medical cannabis center in more than one Tier 1 county.
(2) Priority shall be given to any supplier who commits to establishing the eight allowed medical cannabis centers in a manner that demonstrates a commitment to ensure the equitable distribution of medical cannabis centers throughout the State in order for registry identification cardholders to access an adequate supply of cannabis and cannabis-infused products, while preventing an overconcentration of medical cannabis centers in any one area.
The Commission may consider the population of each county in making this determination.
– The Commission may suspend or revoke a medical cannabis supplier license if the Commission determines that the licensee is not in substantial compliance with this Chapter or violates rules adopted by the Commission under subsection (k) of this section.
– The Commission may suspend or revoke a medical cannabis supplier license if the Commission determines that the supplier is not in substantial compliance with this Chapter or with rules adopted by the Commission under subsection (k) of this section.
The Department shall notify a licensee at least 14 days in advance of a proposed suspension or revocation, including the reasons for the suspension or revocation and any possible remedial options available to the licensee.
The Department shall notify a supplier at least 14 days in advance of a proposed suspension or revocation, including the reasons for the suspension or revocation and any possible remedial options available to the supplier.
Page 10 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 (k) Rules.
(k) Rules.
– The Commission, in consultation with the North Carolina Medical Care Commission, shall have the authority to adopt rules to implement the provisions of this section, G.S.
– The Commission, in consultation with the North Carolina Medical Care Commission, shall adopt rules to implement the provisions of this section, G.S.
Those rules shall become effective when adopted and pursuant to the provisions of this Chapter, the rules shall do all of the following:
The rules shall do all of the following:
90-113.118 shall establish a medical cannabis supply system that authorizes suppliers to produce cannabis and cannabis-infused products in licensed cannabis production facilities and distribute them through medical cannabis centers.
90-113.118 shall establish a medical cannabis supply system that authorizes suppliers to produce cannabis and cannabis-infused products in licensed cannabis production Page 10 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 facilities and distribute them through medical cannabis centers.
– The Commission shall establish, maintain, and control a computer software tracking system that traces cannabis from seed to sale and allows Senate Bill 3-Second Edition Page 11 General Assembly Of North Carolina Session 2023 real-time, 24-hour access by the Department, the Commission, and any State or local law enforcement agency in North Carolina to data from all production facilities, medical cannabis centers, and testing laboratories.
– The Commission shall establish, maintain, and control a computer software tracking system that traces cannabis from seed to sale and allows real-time, 24-hour access by the Department and by the Commission to data from all production facilities, medical cannabis centers, and testing laboratories.
The tracking system must allow for integration of other seed-to-sale systems and, at a minimum, include notification of when cannabis seeds are planted, when cannabis plants are harvested anddestroyed, andwhen cannabis is transported,sold, stolen, diverted, or lost.
The tracking system must allow for integration of other seed-to-sale systems and, at a minimum, include notification of when cannabisseeds areplanted,when cannabisplants areharvestedanddestroyed,andwhencannabis is transported, sold, stolen, diverted, or lost.
b.
Senate Bill 3-First Edition Page 11 General Assembly Of North Carolina Session 2023 b.
Page 12 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 b.
b.
(8) For suppliers seeking license renewal, a nonrefundable renewal fee in an amountnotlessthantenthousanddollars($10,000),plusfivethousanddollars ($5,000) for each new production facility or medical cannabis center the supplier proposes to operate under the license, plus one thousand dollars ($1,000) for each existing production facility or medical cannabis center the supplier operates under the license as specified in rules adopted by the Commission pursuant to G.S.
(8) For suppliers seeking license renewal, a nonrefundable renewal fee in an amountnotlessthantenthousanddollars($10,000),plusfivethousanddollars ($5,000) for each new production facility or medical cannabis center the supplier proposes to operate under the license, plus one thousand dollars ($1,000) for each existing production facility or medical cannabis center the supplier operates under the license as specified in rules adopted by the Page 12 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 Commission pursuant to G.S.
Senate Bill 3-Second Edition Page 13 General Assembly Of North Carolina Session 2023 (f) Supplier Registry Identification Cards and Fees.
(f) Time Frame for Issuance;
– The Department shall issue a supplier registry identification card to each owner, director, and employee listed on the application or renewal upon receipt of a two hundred fifty dollar ($250.00) fee per cardholder.
Fees.
The supplier registryidentification card issued pursuant to this subsection must be issued no later than 30 days after a supplier has been granted a license pursuant to this Article.
– No later than 30 days after issuing or renewing a license under this subsection, the Department shall issue a supplier registry identification card to each director and employee listed on the application or renewal form upon receipt of a two hundred fifty dollar ($250.00) fee per cardholder.
Each supplier registryidentification cardholdershall carrythesupplierregistryidentificationcardtogetherwith a valid identification whenever the supplier registry identification cardholder is possessing cannabis or cannabis-infused products as provided in this Article.
Each supplier registry identification card shall be printed with tamper-resistant technology and shall contain at least all of the following information:
(1) The name of the cardholder.
(2) The date of birth of the cardholder.
(3) The name of the supplier.
(4) The name of the supplier's business.
(5) The address of the supplier's business.
(6) Arandomalphanumericidentificationnumberthatisuniquetothecardholder.
(7) A photograph of the cardholder.
For requests for a State criminal history record check only, the Department shall provide to the Department of Public Safety a form consenting to the check signed by the person to be checked and any additional information required by the Department of Public Safety.
For requests for a State criminal history record check only, the Department shall provide to the Department of Public Senate Bill 3-First Edition Page 13 General Assembly Of North Carolina Session 2023 Safety a form consenting to the check signed by the person to be checked and any additional information required by the Department of Public Safety.
The Department of Public Safety shall charge a reasonable fee for conducting the checks of the criminal history Page 14 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 records authorized bythis section.
The Department of Public Safety shall charge a reasonable fee for conducting the checks of the criminal history records authorized bythis section.
All releases of criminal history information to the Department shall be subject to, and in compliance with, rules governing the dissemination of criminal history record checks as adopted by the North Carolina Department of Public Safety.
All releases of criminal historyinformation to the Department shall be subject to, and in compliance with, rules governing the dissemination of criminal history record checks as adopted by the North Carolina Department of Public Safety.
(6) A person who has had a license previously revoked by the Commission.
(7) A person who has been convicted in federal court or in any other jurisdiction of an offense which is substantially similar to a disqualifying offense contained in subdivision (3) or (4) of this subsection.
(a) Restrictions on Sales and Supply.
Page 14 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 (a) Restrictions on Sales and Supply.
A medical cannabis center shall not sell cannabis or Senate Bill 3-Second Edition Page 15 General Assembly Of North Carolina Session 2023 cannabis-infused products in an amount that exceeds an adequate supply to any qualified patient or designated caregiver.
A medical cannabis center shall not sell cannabis or cannabis-infused products in an amount that exceeds an adequate supply to any qualified patient or designated caregiver.
(a) Reports.
(a) Monthly Reports.
For violations that are ongoing and continuous in nature, each day a violation continues constitutes a distinct violation.
For violations that Senate Bill 3-First Edition Page 15 General Assembly Of North Carolina Session 2023 are ongoing and continuous in nature, each day a violation continues constitutes a distinct violation.
Page 16 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 "§ 90-113.123.
"§ 90-113.123.
Qualified exemption from criminal laws for suppliers.
Exemption from criminal laws.
– A supplier, or a supplier's employee, agent, or principal, is exempt from the criminal laws of this State for possession, 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 person is in compliance with this Article and rules adopted under this Article.
– A supplier is exempt from the criminal laws of this State for possession, 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 individual is in compliance with this Article and rules adopted under this Article.
(b) Loss ofExemption fromCriminal Laws.
(b) Loss of Exemption from Criminal Laws.
–Asupplier,orasupplier's employee,agent, or principal, ceases to be exempt as provided in subsection (a) of this section upon committing any of the following acts:
– A person who is not a qualified patient or a designated caregiver but who is otherwise authorized to possess, produce, deliver, or transport cannabis for medical use pursuant to this Article ceases to be exempt as provided in subsection (a) of this section upon committing any of the following acts:
(1) Delivering cannabis to any individual who the person knows or has reason to know is not a qualified patient or designated caregiver who holds a valid registry identification card issued under G.S.
(1) Driving while impaired in violation of G.S.
20-138.1, 20-138.2, or 20-138.5.
(2) Delivering cannabis to any individual who the person knows or has reason to know is not a qualified patient or designated caregiver who holds a valid registry identification card issued under G.S.
(2) Manufacturing or distributing cannabis at an address not registered with the Department.
(3) Manufacturing or distributing cannabis at an address not registered with the Department.
(3) Failing to report transfer of cannabis authorized under this Article to the Department.
(4) Failing to report transfer of cannabis authorized under this Article to the Department.
(4) Otherwise producing, possessing, distributing, or dispensing cannabis or cannabis-infused products in a manner not consistent with this Article.
(c) Nothing in this section shall be construed to extend the protections of this section to anyperson,includingasupplier,orasupplier'semployee,agent,orprincipal,toallowthatperson to acquire, possess, manufacture, produce, use, sell, distribute, dispense, or transport cannabis in a manner that is not consistent with this Article.
Protections for the medical use of cannabis;
Protections for the medical use of cannabis.
possession by registry identification cardholders protected.
(a) A registry identification cardholder shall not be subject to arrest, prosecution, or penaltyin anymanner for the possession or purchase of cannabis for medical use bythe 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 registry identification cardholder shall not be subject to arrest, prosecution, or penaltyin anymanner 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, and the cannabis or cannabis-infused product is contained in packaging bearing the label required by G.S.
90-113.132.
(c) When an employee, officer, or agent of the State makes a finding, determination, or otherwise considers a qualified patient or designated caregiver's possession or use of cannabis, or a cannabis-infused product, the employee, officer, or agent may not consider the qualified patient or designated caregiver's possession or use any differently than the lawful possession or use of any prescribed controlled substance, if the qualified patient or designated caregiver's possession or use complies with this Article.
(c) A supplier shall not be subject to arrest, prosecution, or penalty in any manner for producing, possessing, distributing, or dispensing cannabis or cannabis-infused products in a manner consistent with this Article.
(d) Nothing in this section shall be construed to extend the protections of this section to any person, including a qualified patient, or a designated caregiver, 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.
(d) When an employee, officer, or agent of the State makes a finding, determination, or otherwise considers a qualified patient or designated caregiver's possession or use of cannabis, or a cannabis-infused product, the employee, officer, or agent may not consider the qualified patient or designated caregiver's possession or use any differently than the lawful possession or use of any prescribed controlled substance, if the qualified patient or designated caregiver's possession or use complies with this Article.
(e) Nothing in this Article shall be construed to extend the protections of this Article to any person, including a qualified patient, a designated caregiver, or a supplier, 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.
(a) Nothing in this Article shall authorize a registry identification cardholder to engage in the smoking of cannabis or the vaping of cannabis for medical use in the following places:
Page 16 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 (a) Nothing in this Article shall authorize a registry identification cardholder to engage in the smoking of cannabis or the vaping of cannabis for medical use in the following places:
Senate Bill 3-Second Edition Page 17 General Assembly Of North Carolina Session 2023 (3) In a vehicle.
(3) In a vehicle.
An indictment or information for the felony shall allege in that indictment or information the facts that qualify the offense for an enhancement under this section.
An indictment Senate Bill 3-First Edition Page 17 General Assembly Of North Carolina Session 2023 or information for the felony shall allege in that indictment or information the facts that qualify the offense for an enhancement under this section.
Page 18 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 (g1) Closed Containers.
– It shall be unlawful for any person to possess cannabis or a cannabis-infused product, other than in a closed retailer's container as packaged, in a passenger compartment of a vehicle in a public vehicular area or on a public street or highway.
Violation of this subsection shall be punished as a Class 3 misdemeanor.
(g2) Fraudulent Use of Identification.
– It is unlawful for any person to enter or attempt to enter a licensed medical cannabis center where cannabis or a cannabis-infused product is sold, or to obtain or attempt to obtain cannabis or a cannabis-infused product, or to obtain or attempt to obtain permission to purchase cannabis or a cannabis-infused product, by using or attempting to use a fraudulent or altered registry identification card.
Violation of this subsection shall be punished as a Class 2 misdemeanor.
(8) The adequate supply of the cannabis or cannabis-infused product.
Senate Bill 3-Second Edition Page 19 General Assembly Of North Carolina Session 2023 a.
a.
"§ 90-113.128.
Page 18 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 "§ 90-113.128.
– (1) Suppliers shall implement appropriate security measures in accordance with rules adopted by the Commission, which shall be developed by the CommissionafterconsultingwithandreceivinginputfromtheNorthCarolina State Bureau of Investigation, designed to deter and prevent the theft of cannabis and cannabis-infused products and unauthorized entrance into areas containing cannabis or cannabis-infused products.
– (1) Suppliers shall implement appropriate security measures in accordance with rules adopted by the Commission, which shall be developed by the Commissionafterconsultingwithandreceivinginputfromthe NorthCarolina State Bureau of Investigation, designed to deter and prevent the theft of cannabis and cannabis-infused products and unauthorized entrance into areas containing cannabis or cannabis-infused products.
Page 20 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 (e) Consumption Prohibited.–Consumptionofcannabis orcannabis-infused products on the site of a medical cannabis center is prohibited.
(e) Consumption Prohibited.–Consumption ofcannabis orcannabis-infused products on the site of a medical cannabis center is prohibited.
– The Commission may establish rules to allow the delivery of cannabis, cannabis-infused products, and paraphernalia used to administer cannabis products by medical cannabis centers to the home of a qualified patient or a designated caregiver in a manner that ensures public safety, the safety of persons delivering the products, and the prevention of diversion.
– The Commission may establish rules to allow the delivery of cannabis, cannabis-infused products, and paraphernalia used to administer cannabis products by medical cannabis centers to the home of a qualified patient or a designated caregiver in a manner that Senate Bill 3-First Edition Page 19 General Assembly Of North Carolina Session 2023 ensures public safety, the safety of persons delivering the products, and the prevention of diversion.
Senate Bill 3-Second Edition Page 21 General Assembly Of North Carolina Session 2023 (b) Notwithstanding any municipal or county ordinance prohibiting signage, the medical cannabis center shall only use signage that includes the medical cannabis center's name, logo, and hours of operation.
(b) Notwithstanding any municipal or county ordinance prohibiting signage, the medical cannabis center shall only use signage that includes the medical cannabis center's name, logo, and hours of operation.
(5) Engage in any form of advertising which promotes the application or registration of people as qualified patients or promotes the services of a physician or any other party which facilitates such application or registration.
Page 20 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 (5) Engage in any form of advertising which promotes the application or registration of people as qualified patients or promotes the services of a physician or any other party which facilitates such application or registration.
Page 22 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 (2) Exit packaging.
(2) Exit packaging.
(3) The name of the production facility.
Senate Bill 3-First Edition Page 21 General Assembly Of North Carolina Session 2023 (3) The name of the production facility.
FOR MEDICALUSE ONLY.KEEP OUTOFTHEREACHOFCHILDREN AND ANIMALS.".
FOR MEDICALUSE ONLY.
KEEP OUTOFTHEREACHOFCHILDREN AND ANIMALS.".
(1) Establish requirements and procedures for the safe, uniform, appropriate, and accurate packaging and labeling of cannabis and cannabis-infused products for human consumption, including prohibiting the use of anyimages designed or likely to appeal to minors, including cartoons, toys, animals, or children, any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling.
(1) Establish requirements and procedures for the safe, appropriate, and accurate packaging and labeling of cannabis and cannabis-infused products for human consumption, including prohibiting the use of any images designed or likely to appeal to minors, including cartoons, toys, animals, or children, any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling.
(2) Establish requirements to ensure that cannabis and cannabis-infused products for human consumption are designed, marketed, and packaged in a manner that is appropriate for a medicinal product and that does not resemble commerciallysold candies or other food that is typicallymarketed to children.
(2) Establish requirements to ensure that cannabis and cannabis-infused products for human consumption are designed, marketed, and packaged in a manner that is appropriate for a medicinal product and that does not resemble commerciallysold candies or other food that is typically marketed to children.
(3) Establish restrictions on the forms and appearance of edible cannabis-infused products in order to reducetheirappeal to minors, includingprohibitingedible cannabis products in the shapes of cartoons, toys, animals, or people.
(3) Establish restrictions on the forms and appearance of edible cannabis-infused products in order to reducetheirappeal to minors,includingprohibitingedible cannabis products in the shapes of cartoons, toys, animals, or people.
The medical cannabis center shall retain documentation of the destruction and disposal for a period Senate Bill 3-Second Edition Page 23 General Assembly Of North Carolina Session 2023 of not less than one year.
The medical cannabis center shall retain documentation of the destruction and disposal for a period of not less than one year.
sound advice and recommendations on the best practices for the safe and efficient cultivation of cannabis;
sound advice and recommendations on the best practices for the safe Page 22 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 and efficient cultivation of cannabis;
Page 24 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 (2) The number of written certifications provided by physicians and the percentage distribution by areas of physician specialty.
(2) The number of written certifications provided by physicians and the percentage distribution by areas of physician specialty.
(9) The number of suppliers, production facilities, and medical cannabis centers by county.
Senate Bill 3-First Edition Page 23 General Assembly Of North Carolina Session 2023 (9) The number of suppliers, production facilities, and medical cannabis centers by county.
(5) Require the violation of federal law or purport to give immunity under federal law.
(5) Require the violation of federal law or purport to give immunityunder federal law.
Senate Bill 3-Second Edition Page 25 General Assembly Of North Carolina Session 2023 "§ 90-113.142.
"§ 90-113.142.
and (a)(1)g., the initial term shall be two years;
and (a)(1)g.
the initial term shall be two years;
SECTION 2.(b) The initial appointments made to the Medical Cannabis Production Commission under G.S.
Page 24 Senate Bill 3-First Edition General Assembly Of North Carolina Session 2023 SECTION 2.(b) The initial appointments made to the Medical Cannabis Production Commission under G.S.
90-113.118(a)(8) through (a)(9) shall be two years.
90-113.118(8) through (9) shall be two years.
The initial term for membersappointed pursuant to G.S.
The initial term for members appointed pursuant to G.S.
90-113.118(a)(5) through (a)(6) shall be four years.
90-113.118(5) through (6) shall be four years.
Page 26 Senate Bill 3-Second Edition General Assembly Of North Carolina Session 2023 c.
c.
…." SECTION 5.(a) G.S.
…." Senate Bill 3-First Edition Page 25 General Assembly Of North Carolina Session 2023 SECTION 5.(a) G.S.
and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted Senate Bill 3-Second Edition Page 27 General Assembly Of North Carolina Session 2023 therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
90-113.112, of cannabis for medical use in compliance with Article 5H of Chapter 90 of the General Statutes." SECTION 7.
90-113.112, of cannabis for medical use in compliance with Article 5H of Chapter 90 of the General Statutes." SECTION7.
G.S.
This act iseffectivewhenit becomes lawand applies to acts committed on or after that date.
90-94(a) reads as rewritten:
Page 26 Senate Bill 3-First Edition
"§ 90-94.
Schedule VI controlled substances.
(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.
In determining that such substance comes within this schedule, notwithstanding Article 5H of this Chapter, the Commission shall find:
no currently accepted medical use in the United States, or a relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects." SECTION 8.
Except as otherwise provided, this act is effective when it becomes law and applies to acts committed on or after that date.
Page 28 Senate Bill 3-Second 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 Compassionate Care Act, introducing a new framework for the medical use of cannabis in North Carolina.

  • G.S. 90-87

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

    This defines 'cannabis' in the context of the new Article 5H.

  • § 90-113.110. Short title. This Article shall be known and may be cited as the 'North Carolina Compassionate Care Act.'

    Establishes a formal title for the new legislation.

  • § 90-113.111. Legislative findings and purpose. The General Assembly makes the following findings: (1) Modern medical research has found that cannabis and cannabinoid compounds are effective at alleviating pain, nausea, and other symptoms associated with several debilitating medical conditions.

    Articulates the legislative intent and findings concerning the medical use of cannabis.

  • § 90-113.112. Definitions. The following definitions apply in this Article: (1) Adequate supply. – An amount, as determined by the qualified patient's physician, 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 for a period of 30 days, in any form recommended by the qualified patient's physician for the purpose of alleviating the symptoms or effects of the qualified patient's debilitating medical condition.

    Introduces important definitions to support the framework for medical cannabis use.

  • § 90-113.113. Compassionate Use Advisory Board; membership; terms; meetings; quorum; expenses.

    Establishes a board to oversee the implementation and regulation of the medical cannabis program.

  • § 90-113.114. Continuing medical education regarding effective therapeutic uses of cannabis.

    Requires physicians to complete education about cannabis for medical purposes.

  • § 90-113.115. Registry identification cards for qualified patients and designated caregivers.

    Creates a system for issuing identification cards to patients and caregivers who qualify under the new law.

  • § 90-113.116. Medical cannabis centers. – This section outlines regulations and requirements for medical cannabis centers established under this Article.

    Establishes the operational framework for medical cannabis centers.

  • § 90-113.117. Production facilities.

    Defines and regulates facilities that produce cannabis for medical use.

  • § 90-113.118. Medical Cannabis Production Commission.

    Creates a commission to oversee the cultivation and distribution of medical cannabis.

  • § 90-113.119. Regulated medical cannabis supply system.

    Establishes a regulated supply chain for the distribution of medical cannabis.

  • § 90-113.120. Supplier registry identification cards.

    Sets forth requirements and guidelines for suppliers in the medical cannabis program.

Action History

  1. Withdrawn From Com

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

  3. Passed 1st Reading

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

  5. Regular Message Sent To House

  6. Regular Message Received From Senate

  7. Passed 3rd Reading

  8. Passed 2nd Reading

  9. Reptd Fav

  10. Reptd Fav Com Substitute

  11. Com Substitute Adopted

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

  13. Reptd Fav Com Substitute

  14. Com Substitute Adopted

  15. Re-ref Com On Finance

  16. Withdrawn From Com

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

  18. Passed 1st Reading

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

  20. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 11 co-sponsors · 166 not signed on · 9 voted No

Sponsors (2)

Co-sponsors (11)

Not signed on (166)

166 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.

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

Third Reading

Passed 36 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 14002
Unaffiliated 7100
Republican 15902
Total 361004
% of votes cast 72%20%0%8%
How each member voted (50)
Member Party Vote
Bode — Yea
Hunt — Yea
Marcus — Yea
Woodard — Yea
Perry — Yea
Proctor — Yea
Krawiec — Nay
P. Newton — Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Not Voting
Gale Adcock Democratic Yea
Gladys A. Robinson Democratic Yea
Graig Meyer Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Not Voting
Julie Mayfield Democratic Yea
Kandie D. Smith Democratic Yea
Lisa Grafstein Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sydney Batch Democratic Yea
Val Applewhite Democratic Yea
Amy S. Galey Republican Yea
Benton G. Sawrey Republican Yea
Bill Rabon Republican Yea
Bobby Hanig Republican Yea
Brad Overcash Republican Nay
Brent Jackson Republican Yea
Carl Ford Republican Nay
Danny Earl Britt, Jr. Republican Not Voting
David W. Craven, Jr. Republican Yea
Eddie D. Settle Republican Nay
Jake Johnson Republican Yea
Jim Burgin Republican Nay
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Nay
Paul Newton Republican Not Voting
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Nay
Timothy D. Moffitt Republican Yea
Tom McInnis Republican Nay
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Nay
Warren Daniel Republican Nay

Official roll call →

Second Reading

Passed 36 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 16000
Unaffiliated 6101
Republican 14903
Total 361004
% of votes cast 72%20%0%8%
How each member voted (50)
Member Party Vote
Bode — Yea
Hunt — Yea
Marcus — Yea
Woodard — Yea
Perry — Yea
Proctor — Yea
Krawiec — Nay
P. Newton — Not Voting
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gale Adcock Democratic Yea
Gladys A. Robinson Democratic Yea
Graig Meyer Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Kandie D. Smith Democratic Yea
Lisa Grafstein Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sydney Batch Democratic Yea
Val Applewhite Democratic Yea
Amy S. Galey Republican Yea
Benton G. Sawrey Republican Yea
Bill Rabon Republican Yea
Bobby Hanig Republican Yea
Brad Overcash Republican Nay
Brent Jackson Republican Yea
Carl Ford Republican Nay
Danny Earl Britt, Jr. Republican Not Voting
David W. Craven, Jr. Republican Yea
Eddie D. Settle Republican Nay
Jake Johnson Republican Yea
Jim Burgin Republican Nay
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Nay
Paul Newton Republican Not Voting
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Nay
Timothy D. Moffitt Republican Not Voting
Tom McInnis Republican Nay
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Nay
Warren Daniel Republican Nay

Official roll call →

Subjects

public-safety healthcare agriculture
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 3?
SB 3 is sponsored by Bill Rabon (Republican), Michael V. Lee (Republican), Paul A. Lowe, Jr. (Democratic), Gale Adcock (Democratic), Danny Earl Britt, Jr. (Republican), Amy S. Galey (Republican), Lisa Grafstein (Democratic), Bobby Hanig (Republican), Hunt, Michael A. Lazzara (Republican), Marcus, Joyce Waddell (Democratic), and Woodard.
What is the current status of SB 3?
This bill died with 2023-2024 Session. It reached “Passed Senate” 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 3?
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