NC
North Carolina House Bill H1011

North Carolina 2025-2026 Regular Session

North Carolina House Bill H1011 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 1011
3+H D
4+HOUSE BILL DRH10449-NLa-82
5+
56
67
78 Short Title: NC Compassionate Care Act. (Public)
89 Sponsors: Representative Dew.
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Rules, Calendar, and Operations of the House
11-April 16, 2025
12-*H1011 -v-1*
10+Referred to:
11+
12+*DRH10449 -NLa-82*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT ENACTING THE NORTH CAROLINA COMPASSIONATE CARE ACT. 2
1515 The General Assembly of North Carolina enacts: 3
1616 SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 4
1717 to read: 5
1818 "Article 5H. 6
1919 "North Carolina Compassionate Care Act. 7
2020 "§ 90-113.110. Short title. 8
2121 This Article shall be known and may be cited as the "North Carolina Compassionate Care 9
2222 Act." 10
2323 "§ 90-113.111. Legislative findings and purpose. 11
2424 The General Assembly makes the following findings: 12
2525 (1) Modern medical research has found that cannabis and cannabinoid 13
2626 compounds are effective at alleviating pain, nausea, and other symptoms 14
2727 associated with several debilitating medical conditions. 15
2828 (2) As of January 2023, more than a majority of states, four out of five 16
2929 permanently inhabited United States territories, and the District of Columbia 17
3030 have removed state-level criminal penalties for the medical use, cultivation, 18
3131 and distribution of cannabis, and in enacting this Article, North Carolina now 19
3232 takes similar action to preserve and enhance the health and welfare of its 20
3333 citizens. 21
3434 (3) This Article is intended to make only those changes to existing North Carolina 22
3535 laws that are necessary to protect patients and their doctors from criminal and 23
3636 civil penalties and is not intended to change current civil and criminal laws 24
3737 governing the use of cannabis for nonmedical purposes. 25
3838 (4) The General Assembly enacts this Article pursuant to its police power to enact 26
3939 legislation for the protection of the health of its citizens, as reserved to the 27
4040 State in the Tenth Amendment of the United States Constitution. 28
4141 (5) It is the intent of the General Assembly to prioritize the protection of public 29
4242 health and safety in the creation of a system for the cultivation, processing, 30
4343 and selling of medical cannabis. 31
4444 (6) It is the intent of the General Assembly that the regulatory system created by 32
4545 this Article be nimble and able to respond quickly to changes in the 33
4646 rapidly-evolving cannabis industry. 34
47-"§ 90-113.112. Definitions. 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 1011-First Edition
49-The following definitions apply in this Article: 1
50-(1) Adequate supply. – An amount, as determined by the qualified patient's 2
51-physician, of usable cannabis derived solely from an intrastate source that is 3
52-possessed by a qualified patient, or collectively possessed by a qualified 4
53-patient and the qualified patient's designated caregiver, in an amount that does 5
54-not exceed what is reasonably necessary to assure the uninterrupted 6
55-availability of cannabis for a period of 30 days, in any form recommended by 7
56-the qualified patient's physician for the purpose of alleviating the symptoms 8
57-or effects of the qualified patient's debilitating medical condition. 9
58-(2) Advisory Board. – The Compassionate Use Advisory Board established in 10
59-G.S. 90-113.113. 11
60-(3) Bona fide physician-patient relationship. – A treatment relationship between 12
61-a physician and a patient in which the physician has completed a full 13
62-assessment of the patient's medical history, including checking the patient's 14
63-prescription history in the Controlled Substances Reporting System, and 15
64-current medical condition, including an in-person physical examination, and 16
65-the physician is available or offers to provide follow-up care and treatment to 17
66-the patient, including patient examinations, to determine the efficacy of the 18
67-use of cannabis as a treatment for the patient's medical condition. 19
68-(4) Cannabis. – Marijuana as defined in G.S. 90-87(16). 20
69-(5) Cannabis-infused product. – A product infused with cannabis that is intended 21
70-for use or consumption other than by inhalation, smoking, or vaping. The term 22
71-includes a tablet, a capsule, a concentrated liquid or viscous oil, a liquid 23
72-suspension, a topical preparation, a transdermal preparation, a sublingual 24
73-preparation, a gelatinous cube, a gelatinous rectangular cuboid, a lozenge in a 25
74-cube or rectangular cuboid shape, a resin, or a wax. 26
75-(6) Commission. – The Medical Cannabis Production Commission established in 27
76-G.S. 90-113.118. 28
77-(7) Debilitating medical condition. – A diagnosis of one or more of the following 29
78-for which a physician provides a written certification: 30
79-a. Cancer. 31
80-b. Epilepsy. 32
81-c. Positive status for human immunodeficiency virus (HIV). 33
82-d. Acquired immune deficiency syndrome (AIDS). 34
83-e. Amyotrophic lateral sclerosis (ALS). 35
84-f. Crohn's disease. 36
85-g. Sickle cell anemia. 37
86-h. Parkinson's disease. 38
87-i. Post-traumatic stress disorder, subject to evidence that an applicant 39
88-experienced one or more traumatic events. Acceptable evidence shall 40
89-include, but is not limited to, proof of military service in an active 41
90-combat zone, that the person was the victim of a violent or sexual 42
91-crime, or that the person was a first responder. Details of the trauma 43
92-shall not be required. 44
93-j. Multiple sclerosis. 45
94-k. Cachexia or wasting syndrome. 46
95-l. Severe or persistent nausea in a person who is not pregnant that is 47
96-related to end-of-life or hospice care, or who is bedridden or 48
97-homebound because of a condition. 49
98-m. A terminal illness when the patient's remaining life expectancy is less 50
99-than six months. 51 General Assembly Of North Carolina Session 2025
100-House Bill 1011-First Edition Page 3
101-n. A condition resulting in the individual receiving hospice care. 1
102-o. Any other serious medical condition or its treatment added by the 2
103-Compassionate Use Advisory Board, as provided for in 3
104-G.S. 90-113.113. 4
105-(8) Department. – The North Carolina Department of Health and Human 5
106-Services. 6
107-(9) Designated caregiver. – A person who possesses a valid registry identification 7
108-card issued by the Department authorizing the person to assist a qualifying 8
109-patient with the medical use of cannabis. A designated caregiver shall be at 9
110-least 21 years of age unless the person is the parent or legal guardian of each 10
111-qualifying patient the person assists. 11
112-(10) Medical cannabis center. – A facility owned and operated by a supplier that 12
113-possesses and dispenses cannabis and cannabis-infused products to registry 13
114-identification cardholders for human consumption. 14
115-(11) Medical use of cannabis or medical use. – The acquisition, administration, 15
116-possession, preparation, transportation, or use of cannabis and 16
117-cannabis-infused products, or paraphernalia used to administer cannabis 17
118-products, to treat or alleviate a qualifying patient's debilitating medical 18
119-condition or symptoms associated with the qualifying patient's debilitating 19
120-medical condition and includes the transfer of cannabis products from a 20
121-designated caregiver to a qualifying patient whom the designated caregiver is 21
122-authorized to assist. "Medical use" does not include the extraction of resin 22
123-from cannabis by solvent extraction other than water, glycerin, propylene 23
124-glycol, vegetable oil, or food grade ethanol (ethyl alcohol), unless the 24
125-extraction is done by a processing facility. 25
126-(12) Physician. – A person licensed under Article 1 of Chapter 90 of the General 26
127-Statutes who is in good standing to practice medicine in the State, who has a 27
128-valid DEA registration, and who has completed continuing medical education 28
129-courses as required pursuant to G.S. 90-113.114. 29
130-(13) Production facility. – A facility owned and operated by a supplier that 30
131-cultivates, possesses, and produces cannabis and cannabis-infused products. 31
132-(14) Qualified patient. – A person who has been diagnosed by a physician as 32
133-having a debilitating medical condition and has received a written 33
134-certification. 34
135-(15) Registry identification card. – A document issued by the North Carolina 35
136-Department of Health and Human Services pursuant to G.S. 90-113.115 that 36
137-identifies a person as a qualified patient or a designated caregiver. 37
138-(16) Registry identification cardholder. – A qualified patient or a designated 38
139-caregiver who holds a valid registry identification card issued by the North 39
140-Carolina Department of Health and Human Services pursuant to 40
141-G.S. 90-113.115. 41
142-(17) Regulated medical cannabis supply system or system. – A system established 42
143-by the North Carolina Department of Health and Human Services pursuant to 43
144-G.S. 90-113.119 to provide a safe method for producing and distributing 44
145-cannabis and cannabis-infused products to registry identification cardholders. 45
146-(18) Smoking. – The use or possession of a lighted cannabis product. 46
147-(19) Supplier. – A person licensed pursuant to G.S. 90-113.119 to supply cannabis 47
148-and cannabis-infused products as authorized by this Article. A supplier 48
149-cultivates cannabis, owns and operates one or more medical cannabis centers, 49
150-and owns and operates one or more production facilities as set forth in 50
151-G.S. 90-113.119. 51 General Assembly Of North Carolina Session 2025
152-Page 4 House Bill 1011-First Edition
47+"§ 90-113.112. Definitions. 35
48+The following definitions apply in this Article: 36
49+H.B. 1011
50+Apr 15, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10449-NLa-82
53+(1) Adequate supply. – An amount, as determined by the qualified patient's 1
54+physician, of usable cannabis derived solely from an intrastate source that is 2
55+possessed by a qualified patient, or collectively possessed by a qualified 3
56+patient and the qualified patient's designated caregiver, in an amount that does 4
57+not exceed what is reasonably necessary to assure the uninterrupted 5
58+availability of cannabis for a period of 30 days, in any form recommended by 6
59+the qualified patient's physician for the purpose of alleviating the symptoms 7
60+or effects of the qualified patient's debilitating medical condition. 8
61+(2) Advisory Board. – The Compassionate Use Advisory Board established in 9
62+G.S. 90-113.113. 10
63+(3) Bona fide physician-patient relationship. – A treatment relationship between 11
64+a physician and a patient in which the physician has completed a full 12
65+assessment of the patient's medical history, including checking the patient's 13
66+prescription history in the Controlled Substances Reporting System, and 14
67+current medical condition, including an in-person physical examination, and 15
68+the physician is available or offers to provide follow-up care and treatment to 16
69+the patient, including patient examinations, to determine the efficacy of the 17
70+use of cannabis as a treatment for the patient's medical condition. 18
71+(4) Cannabis. – Marijuana as defined in G.S. 90-87(16). 19
72+(5) Cannabis-infused product. – A product infused with cannabis that is intended 20
73+for use or consumption other than by inhalation, smoking, or vaping. The term 21
74+includes a tablet, a capsule, a concentrated liquid or viscous oil, a liquid 22
75+suspension, a topical preparation, a transdermal preparation, a sublingual 23
76+preparation, a gelatinous cube, a gelatinous rectangular cuboid, a lozenge in a 24
77+cube or rectangular cuboid shape, a resin, or a wax. 25
78+(6) Commission. – The Medical Cannabis Production Commission established in 26
79+G.S. 90-113.118. 27
80+(7) Debilitating medical condition. – A diagnosis of one or more of the following 28
81+for which a physician provides a written certification: 29
82+a. Cancer. 30
83+b. Epilepsy. 31
84+c. Positive status for human immunodeficiency virus (HIV). 32
85+d. Acquired immune deficiency syndrome (AIDS). 33
86+e. Amyotrophic lateral sclerosis (ALS). 34
87+f. Crohn's disease. 35
88+g. Sickle cell anemia. 36
89+h. Parkinson's disease. 37
90+i. Post-traumatic stress disorder, subject to evidence that an applicant 38
91+experienced one or more traumatic events. Acceptable evidence shall 39
92+include, but is not limited to, proof of military service in an active 40
93+combat zone, that the person was the victim of a violent or sexual 41
94+crime, or that the person was a first responder. Details of the trauma 42
95+shall not be required. 43
96+j. Multiple sclerosis. 44
97+k. Cachexia or wasting syndrome. 45
98+l. Severe or persistent nausea in a person who is not pregnant that is 46
99+related to end-of-life or hospice care, or who is bedridden or 47
100+homebound because of a condition. 48
101+m. A terminal illness when the patient's remaining life expectancy is less 49
102+than six months. 50
103+n. A condition resulting in the individual receiving hospice care. 51 General Assembly Of North Carolina Session 2025
104+DRH10449-NLa-82 Page 3
105+o. Any other serious medical condition or its treatment added by the 1
106+Compassionate Use Advisory Board, as provided for in 2
107+G.S. 90-113.113. 3
108+(8) Department. – The North Carolina Department of Health and Human 4
109+Services. 5
110+(9) Designated caregiver. – A person who possesses a valid registry identification 6
111+card issued by the Department authorizing the person to assist a qualifying 7
112+patient with the medical use of cannabis. A designated caregiver shall be at 8
113+least 21 years of age unless the person is the parent or legal guardian of each 9
114+qualifying patient the person assists. 10
115+(10) Medical cannabis center. – A facility owned and operated by a supplier that 11
116+possesses and dispenses cannabis and cannabis-infused products to registry 12
117+identification cardholders for human consumption. 13
118+(11) Medical use of cannabis or medical use. – The acquisition, administration, 14
119+possession, preparation, transportation, or use of cannabis and 15
120+cannabis-infused products, or paraphernalia used to administer cannabis 16
121+products, to treat or alleviate a qualifying patient's debilitating medical 17
122+condition or symptoms associated with the qualifying patient's debilitating 18
123+medical condition and includes the transfer of cannabis products from a 19
124+designated caregiver to a qualifying patient whom the designated caregiver is 20
125+authorized to assist. "Medical use" does not include the extraction of resin 21
126+from cannabis by solvent extraction other than water, glycerin, propylene 22
127+glycol, vegetable oil, or food grade ethanol (ethyl alcohol), unless the 23
128+extraction is done by a processing facility. 24
129+(12) Physician. – A person licensed under Article 1 of Chapter 90 of the General 25
130+Statutes who is in good standing to practice medicine in the State, who has a 26
131+valid DEA registration, and who has completed continuing medical education 27
132+courses as required pursuant to G.S. 90-113.114. 28
133+(13) Production facility. – A facility owned and operated by a supplier that 29
134+cultivates, possesses, and produces cannabis and cannabis-infused products. 30
135+(14) Qualified patient. – A person who has been diagnosed by a physician as 31
136+having a debilitating medical condition and has received a written 32
137+certification. 33
138+(15) Registry identification card. – A document issued by the North Carolina 34
139+Department of Health and Human Services pursuant to G.S. 90-113.115 that 35
140+identifies a person as a qualified patient or a designated caregiver. 36
141+(16) Registry identification cardholder. – A qualified patient or a designated 37
142+caregiver who holds a valid registry identification card issued by the North 38
143+Carolina Department of Health and Human Services pursuant to 39
144+G.S. 90-113.115. 40
145+(17) Regulated medical cannabis supply system or system. – A system established 41
146+by the North Carolina Department of Health and Human Services pursuant to 42
147+G.S. 90-113.119 to provide a safe method for producing and distributing 43
148+cannabis and cannabis-infused products to registry identification cardholders. 44
149+(18) Smoking. – The use or possession of a lighted cannabis product. 45
150+(19) Supplier. – A person licensed pursuant to G.S. 90-113.119 to supply cannabis 46
151+and cannabis-infused products as authorized by this Article. A supplier 47
152+cultivates cannabis, owns and operates one or more medical cannabis centers, 48
153+and owns and operates one or more production facilities as set forth in 49
154+G.S. 90-113.119. 50 General Assembly Of North Carolina Session 2025
155+Page 4 DRH10449-NLa-82
153156 (19a) Supplier identification cardholder. – A person who has been issued a supplier 1
154157 registry identification card. 2
155158 (19b) Supplier registry identification card. – A document issued by the North 3
156159 Carolina Department of Health and Human Services pursuant to 4
157160 G.S. 90-113.120(f). 5
158161 (20) Usable cannabis. – The dried buds and mature female flowers of the plant of 6
159162 the genus Cannabis, and any mixture or preparation thereof, that are 7
160163 appropriate for medical use as provided in this Article. 8
161164 (21) Vaping. – The use of a product which heats a liquid or other form of cannabis 9
162165 in a manner so as to release an aerosol. 10
163166 (22) Written certification. – A statement signed by a physician with whom the 11
164167 patient has a bona fide physician-patient relationship indicating the following: 12
165168 a. In the physician's professional opinion, the patient has a debilitating 13
166169 medical condition. 14
167170 b. The patient's debilitating medical condition. 15
168171 c. In the physician's professional opinion, the potential health benefits of 16
169172 the medical use of cannabis would likely outweigh the health risk for 17
170173 the patient. 18
171174 d. The delivery method of the cannabis. 19
172175 e. The amount and dosage of the cannabis or cannabis-infused product, 20
173176 not to exceed an adequate supply. 21
174177 f. The period of time for which the written certification is valid, not to 22
175178 exceed one year. 23
176179 g. The physician's DEA number. 24
177180 h. The physician's national provider identification number, if the 25
178181 physician has a national provider identification number. 26
179182 i. Any other information required by the Commission. 27
180183 "§ 90-113.113. Compassionate Use Advisory Board; membership; terms; meetings; 28
181184 quorum; expenses. 29
182185 (a) Advisory Board Established. – The Compassionate Use Advisory Board is established 30
183186 and shall consist of 11 members as follows: 31
184187 (1) The Governor shall appoint members to the Advisory Board as follows: 32
185188 a. A medical doctor recommended by the North Carolina Medical Board, 33
186189 who may be a former or current member of the North Carolina Medical 34
187190 Board. 35
188191 b. A medical doctor or doctor of osteopathy licensed in the State 36
189192 specializing in primary care. 37
190193 c. A medical doctor or doctor of osteopathy who is board-certified to 38
191194 practice addiction medicine in the State. 39
192195 d. A research scientist with expertise in the field of cannabinoid 40
193196 medicine. 41
194197 e. A pharmacist licensed in the State. 42
195198 f. A registry identification cardholder or, for an appointment made 43
196199 before registry identification cards are issued, one person with a 44
197200 debilitating medical condition who intends to use cannabis. 45
198201 g. A parent of a minor qualified patient or, for an appointment made 46
199202 before registry identification cards are issued, one parent of a minor 47
200203 with a debilitating medical condition who intends to use cannabis. 48
201204 (2) Two members appointed by the General Assembly upon recommendation of 49
202205 the Speaker of the House of Representatives in accordance with G.S. 120-121. 50 General Assembly Of North Carolina Session 2025
203-House Bill 1011-First Edition Page 5
206+DRH10449-NLa-82 Page 5
204207 (3) Two members appointed by the General Assembly upon recommendation of 1
205208 the President Pro Tempore of the Senate in accordance with G.S. 120-121. 2
206209 (b) Terms. – Members of the Advisory Board shall serve a four-year term, beginning 3
207210 effective July 1 of the year of appointment, and may be reappointed to a second four-year term. 4
208211 (c) Chair. – The members of the Advisory Board shall elect a chair. The chair shall serve 5
209212 a two-year term and may be reelected. 6
210213 (d) Vacancies. – Any appointment to fill a vacancy on the Advisory Board created by the 7
211214 resignation, dismissal, death, or disability of a member shall be made by the original appointing 8
212215 authority and shall be for the balance of the unexpired term. 9
213216 (e) Meetings. – The Advisory Board shall meet at least two times per year for the purpose 10
214217 of reviewing petitions to add debilitating medical conditions. 11
215218 (f) Power. – The Advisory Board shall have the power to approve adding a debilitating 12
216219 medical condition by a majority vote of the members present and voting. 13
217220 (g) Quorum. – Seven members of the Advisory Board shall constitute a quorum for the 14
218221 transaction of business. 15
219222 (h) Administration Support. – All administrative support and other services required by 16
220223 the Advisory Board shall be provided by the Department. 17
221224 (i) Expenses. – The members of the Advisory Board shall receive per diem and necessary 18
222225 travel and subsistence expenses in accordance with the provisions of G.S. 138-5. 19
223226 "§ 90-113.114. Physician requirements. 20
224227 (a) Continuing Medical Education. – Before providing a written certification to a 21
225228 qualified patient, a physician shall complete a 10-hour continuing medical education course on 22
226229 the prescribing of medical cannabis. A physician shall complete a three-hour supplemental 23
227230 continuing medical education course thereafter in any year in which the physician issues a written 24
228231 certification. Records documenting compliance with continuing medical education requirements 25
229232 must be maintained for six consecutive years and may be inspected by the Department or by the 26
230233 NC Medical Board or its agents. 27
231234 (b) Required Topics of Continuing Medical Education. – The initial 10-hour continuing 28
232235 medical education course shall include, among other topics, training on the following: 29
233236 indications, benefits, risks, and adverse outcomes of medical cannabis use; assessing mental 30
234237 health and substance use disorder patient and family history; screening for clinical high risk for 31
235238 psychosis; assessing for development of mental health symptoms, including symptoms of 32
236239 psychosis; and initial and ongoing assessment for substance use disorders, including cannabis 33
237240 use disorder. 34
238241 (c) Bona Fide Physician-Patient Relationship. – A physician shall issue a written 35
239242 certification only for a patient with whom the physician has a bona fide physician-patient 36
240243 relationship. 37
241244 (d) Physical Location in State. – A physician shall have a physical office location in North 38
242245 Carolina in which to conduct in-person examinations. 39
243246 (e) Risk Screening. – A physician shall assess each patient for the initial and ongoing risk 40
244247 of mental health and substance use disorders and for the development of mental health and 41
245248 substance use disorders. 42
246249 (f) Use of Electronic Registry. – A physician shall issue a written certification for a 43
247250 qualified patient in the electronic medical cannabis registry database as specified by the 44
248251 Department. 45
249252 (g) Patient Education. – Upon initial written certification and at least annually thereafter, 46
250253 a physician shall provide education to a qualified patient on the risk and symptoms of cannabis 47
251254 use disorder, the risk and symptoms of cannabis-induced psychosis, and the risk of impairment 48
252255 while operating a motor vehicle under the influence of cannabis or cannabis-infused products. 49
253256 (h) Follow-Up Care and Treatment. – A physician shall reevaluate a patient for whom 50
254257 the physician has issued a written certification as frequently as necessary to determine the 51 General Assembly Of North Carolina Session 2025
255-Page 6 House Bill 1011-First Edition
258+Page 6 DRH10449-NLa-82
256259 efficacy of the use of cannabis as a treatment for the patient's particular medical condition, the 1
257260 appropriateness of the delivery method and dosage included in the written certification, and any 2
258261 adverse side effects. Such reevaluation shall occur at least quarterly in the first year and at least 3
259262 annually thereafter. The physician shall check the patient's prescription history in the Controlled 4
260263 Substances Reporting System when renewing a written certification. The Commission may set a 5
261264 shorter interval for mandatory patient reevaluations and may set requirements for in-person 6
262265 physical examination during reevaluations. 7
263266 (i) Requirement to Update Registry. – A physician shall update the medical cannabis 8
264267 registry database within 48 hours after any change is made to the original written certification to 9
265268 reflect such change, including deactivation of a written certification. 10
266269 (j) Monitoring of Written Certifications. – The Department shall monitor physician 11
267270 written certifications in the medical cannabis registry database for practices that could facilitate 12
268271 diversion or misuse of cannabis or other harm and shall refer cases to the North Carolina Medical 13
269272 Board and the State Bureau of Investigation as appropriate. The Department may conduct 14
270273 outreach and education to physicians who represent statistical outliers in any manner of their 15
271274 issuing of written certifications. The Department shall, upon request, provide information 16
272275 contained in the medical cannabis registry database to the North Carolina Medical Board. 17
273276 (k) Site of Evaluation. – A physician may not evaluate patients on the site of a medical 18
274277 cannabis center. 19
275278 (l) Advertising. – A physician is prohibited from advertising the physician's ability to 20
276279 issue written certifications. 21
277280 (m) Prohibit Conflict. – A physician who provides written certifications to qualified 22
278281 patients may not be employed by or have any direct or indirect financial interest in a supplier or 23
279282 independent testing laboratory. A physician who provides written certifications to qualified 24
280283 patients may not directly or indirectly profit from a patient obtaining a written certification. This 25
281284 prohibition shall not prohibit a physician from charging an appropriate fee for patient visits. 26
282285 (n) Rules. – The Commission may adopt rules regarding physicians to ensure the 27
283286 protection of individuals with a debilitating medical condition, the prevention of diversion, and 28
284287 the integrity of the medical cannabis system. 29
285288 "§ 90-113.115. Registry identification cards for qualified patients and designated 30
286289 caregivers. 31
287290 (a) Applications, Issuance, and Expiration of Registry Identification Cards. – The 32
288291 Department shall issue or renew a registry identification card to the following individuals: 33
289292 (1) Any individual who applies to the Department on forms prescribed by the 34
290293 Department demonstrating that the individual is a qualified patient with a 35
291294 debilitating medical condition for which a physician has issued a written 36
292295 certification. 37
293296 (2) Any individual who is at least 21 years of age who has (i) been named as a 38
294297 designated caregiver in a registry identification card application submitted by 39
295298 a qualified patient and (ii) agreed to serve as that qualified patient's designated 40
296299 caregiver. The Department may issue a registry identification card to a 41
297300 maximum of two designated caregivers named in a qualified patient's 42
298301 approved application. An individual may serve as a designated caregiver for 43
299302 a maximum of two qualified patients. The Commission may by rule create 44
300303 exceptions to the limit on the number of designated caregivers a qualified 45
301304 patient may have and exceptions to the limit on the number of qualified 46
302305 patients a designated caregiver may serve. The Commission may establish 47
303306 rules to allow a facility to serve as a designated caregiver. 48
304307 The Department shall issue a registry identification card to an applicant within 14 business 49
305308 days after approving an application or renewal. The initial or renewal registry identification card 50
306309 expires one year after the date of issuance. 51 General Assembly Of North Carolina Session 2025
307-House Bill 1011-First Edition Page 7
310+DRH10449-NLa-82 Page 7
308311 (b) Qualified Patients Under Age 18. – The Department may not issue or renew a registry 1
309312 identification card to a qualified patient under 18 years of age unless each of the following criteria 2
310313 is met: 3
311314 (1) The qualified patient's physician has explained the potential risks and benefits 4
312315 of the medical use of cannabis to the qualified patient and to a parent, 5
313316 guardian, or person having legal custody of the qualified patient. 6
314317 (2) The qualified patient's physician restricts the qualified patient's use of 7
315318 cannabis to a noninhalation consumption method, and the qualified patient 8
316319 and the qualified patient's designated caregivers agree to comply with this 9
317320 restriction. 10
318321 (3) A parent, guardian, or person having legal custody of the qualified patient 11
319322 consents in writing to (i) allow the qualified patient's medical use of cannabis, 12
320323 (ii) serve as one of the qualified patient's designated caregivers, and (iii) 13
321324 control the acquisition of the cannabis, the dosage, and the frequency of the 14
322325 medical use of cannabis by the qualified patient. 15
323326 (c) Review of Applications. – The Department shall verify the information contained in 16
324327 a registry identification card application or renewal application submitted pursuant to this section 17
325328 and shall approve or deny an application or renewal application within 45 days after receipt. 18
326329 (d) Denials and Appeals. – The Department may deny a registry identification card 19
327330 application or renewal application only if the applicant fails to provide the information required 20
328331 pursuant to this section or if the Department determines that the application or renewal 21
329332 application contains false information. Denials may be appealed by filing a contested case 22
330333 petition under Article 3 of Chapter 150B of the General Statutes. Article 4 of Chapter 150B of 23
331334 the General Statutes governs judicial review of an administrative decision made under this 24
332335 section. 25
333336 (e) Registry Identification Card Information. – Each registry identification card issued 26
334337 by the Department shall be printed with tamper-resistant technology and shall contain at least all 27
335338 of the following information: 28
336339 (1) The name of the cardholder. 29
337340 (2) The address of the cardholder. 30
338341 (3) The cardholder's date of birth. 31
339342 (4) A designation of whether the cardholder is a designated caregiver or 32
340343 qualifying patient. 33
341344 (5) The date of issuance and expiration date of the registry identification card. 34
342345 (6) A random alphanumeric identification number that is unique to the cardholder. 35
343346 (7) If the cardholder is a designated caregiver, the random alphanumeric 36
344347 identification number of the qualifying patients that the designated caregiver 37
345348 is authorized to assist. 38
346349 (8) A photograph of the cardholder. 39
347350 (9) The delivery method of the cannabis. 40
348351 (f) Notification of Changes. – Individuals issued registry identification cards are subject 41
349352 to all of the following: 42
350353 (1) A qualified patient who has been issued a registry identification card shall 43
351354 notify the Department of any change in the qualified patient's name, address, 44
352355 or designated caregiver and submit a fifty dollar ($50.00) fee to the 45
353356 Department within 15 days after the change occurs. A qualified patient who 46
354357 fails to notify the Department of any of these changes within the specified 47
355358 time frame commits an infraction and is subject to a fine not to exceed one 48
356359 hundred dollars ($100.00). 49
357360 (2) A designated caregiver shall notify the Department of any change in name or 50
358361 address and submit a fifty dollar ($50.00) fee to the Department within 15 51 General Assembly Of North Carolina Session 2025
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360363 days after the change occurs. A designated caregiver who fails to notify the 1
361364 Department of any of these changes within the specified time frame commits 2
362365 an infraction and is subject to a fine not to exceed one hundred dollars 3
363366 ($100.00). 4
364367 (3) When a qualified patient or designated caregiver notifies the Department of 5
365368 any change, as required by this subsection, the Department shall issue the 6
366369 qualified patient and each designated caregiver a new registry identification 7
367370 card within 10 days after receiving the updated information and the fifty dollar 8
368371 ($50.00) fee. 9
369372 (4) When a qualified patient who possesses a registry identification card notifies 10
370373 the Department of a change in designated caregiver, the Department shall 11
371374 notify the designated caregiver of record of the change within 15 days after 12
372375 receiving notification of the change. The protections afforded under this 13
373376 Article to the designated caregiver of record shall expire 30 days after the 14
374377 designated caregiver of record is notified by the Department of the change in 15
375378 designated caregiver. 16
376379 (5) If a qualified patient or a designated caregiver loses a registry identification 17
377380 card, the cardholder shall notify the Department within 15 days after losing 18
378381 the card. The notification shall include a fifty dollar ($50.00) replacement fee 19
379382 for a new card. Within five days after receiving notification of a lost registry 20
380383 identification card, the Department shall issue the cardholder a new registry 21
381384 identification card with a new random identification number. 22
382385 (g) Suspensions or Revocations. – If the Department determines that a qualified patient 23
383386 or designated caregiver has violated any provision of this Article, the Department shall suspend 24
384387 or revoke the qualified patient's or designated caregiver's registry identification card. Suspensions 25
385388 or revocations may be appealed by filing a contested case petition under Article 3 of Chapter 26
386389 150B of the General Statutes. 27
387390 (h) Rules. – The Department shall adopt rules to implement the provisions of this section. 28
388391 The rules shall establish requirements for the issuance of registry identification cards to qualified 29
389392 patients and designated caregivers, which shall include at least all of the following: 30
390393 (1) The method of demonstrating written certification, as defined in 31
391394 G.S. 90-113.112. 32
392395 (2) The amount of the initial or renewal application fee, which shall not exceed 33
393396 fifty dollars ($50.00) per application or renewal application. 34
394397 (3) The name, address, and date of birth of the qualified patient. 35
395398 (4) The name, address, and telephone number of the qualified patient's physician. 36
396399 (5) The name, address, and date of birth of each of the qualified patient's 37
397400 designated caregivers, if any. 38
398401 (6) A limitation on the number of written certifications a physician may issue at 39
399402 any given time. 40
400403 "§ 90-113.116. Requirement to carry and disclose registry identification card or supplier 41
401404 registry identification card to law enforcement. 42
402405 If carrying cannabis or a cannabis-infused product, a registry identification cardholder or a 43
403406 supplier registry identification cardholder shall: (i) carry the registry identification card or 44
404407 supplier registry identification card together with valid identification and (ii) when approached 45
405408 or addressed by a law enforcement officer, shall display both the registry identification card or 46
406409 supplier registry identification card and valid identification. 47
407410 "§ 90-113.117. Confidential Medical Cannabis Registry Database. 48
408411 (a) Confidential Medical Cannabis Registry Database. – The Department shall create a 49
409412 secure, confidential, electronic medical cannabis registry database of all qualified patients and 50
410413 designated caregivers to whom the Department has issued registry identification cards. Law 51 General Assembly Of North Carolina Session 2025
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412415 enforcement agencies may contact the Department to confirm a registry identification 1
413416 cardholder's identity if the law enforcement agency is unable to verify the registry identification 2
414417 cardholder by using the medical cannabis verification system established by G.S. 90-113.127. 3
415418 The database shall consist of at least the following information: 4
416419 (1) The name and address of the registry identification cardholder. 5
417420 (2) The name, address, and hospital affiliation of the physician who issued the 6
418421 written certification of the qualified patient's debilitating condition. 7
419422 (3) A photograph of the registry identification cardholder. 8
420423 (4) The adequate supply of cannabis or cannabis-infused product prescribed to 9
421424 the qualified patient. 10
422425 (5) The prescribed delivery method for the cannabis or cannabis-infused product 11
423426 for the qualified patient. 12
424427 (b) Confidential Nature of Information Collected by Department. – Applications and 13
425428 supporting information submitted by qualified patients, including information regarding their 14
426429 designated caregivers and physicians, individual names, and other identifying information in the 15
427430 medical cannabis registry database, are confidential, exempt from the provisions of Chapter 132 16
428431 of the General Statutes, and are not subject to disclosure, except to authorized employees of the 17
429432 Department as necessary to perform official duties of the Department and law enforcement 18
430433 agencies as allowed in this section. 19
431434 (c) Penalty for Confidentiality Breaches. – Any person, including an employee or official 20
432435 of the Department or another State agency or local government, who breaches the confidentiality 21
433436 of information obtained pursuant to this section is guilty of a Class 2 misdemeanor; however, 22
434437 any fine imposed for a violation under this subsection shall not exceed one thousand dollars 23
435438 ($1,000). 24
436439 (d) Reports of Falsified or Fraudulent Application Information to Law Enforcement 25
437440 Personnel. – Nothing in this section shall be construed to prevent Department employees from 26
438441 notifying law enforcement personnel about falsified or fraudulent information submitted to the 27
439442 Department by any individual in support of an application for a registry identification card. 28
440443 "§ 90-113.118. Medical Cannabis Production Commission. 29
441444 (a) Commission Established. – The Medical Cannabis Production Commission is 30
442445 established and shall consist of 11 members as follows: 31
443446 (1) The Governor shall appoint members to the Medical Cannabis Production 32
444447 Commission as follows: 33
445448 a. A qualified patient representative. 34
446449 b. Two industry representatives, subject to the limitation that, although 35
447450 the industry representatives may participate in assisting with the 36
448451 process of adopting rules, the industry representatives must not 37
449452 participate in the license selection process if the industry 38
450453 representatives have applied for or have an affiliation with a medical 39
451454 cannabis supplier license applicant through family or business. 40
452455 (2) The Secretary of the Department, or designee. 41
453456 (3) The Director of the North Carolina State Bureau of Investigation, or designee. 42
454457 (4) The Agriculture Commissioner, or designee. 43
455458 (5) A sheriff designated by the North Carolina Sheriffs' Association. 44
456459 (6) A chief of police designated by the North Carolina Association of Chiefs of 45
457460 Police. 46
458461 (7) A member of the Compassionate Use Advisory Board appointed pursuant to 47
459462 G.S. 90-113.113(a)(1). 48
460463 (8) A member appointed by the General Assembly upon recommendation of the 49
461464 Speaker of the House of Representatives in accordance with G.S. 120-121. 50 General Assembly Of North Carolina Session 2025
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463466 (9) A member appointed by the General Assembly upon recommendation of the 1
464467 President Pro Tempore of the Senate in accordance with G.S. 120-121. 2
465468 (b) Terms. – Members of the Commission shall serve terms of four years, beginning 3
466469 effective July 1 of the year of appointment, and may be reappointed to a second four-year term. 4
467470 The terms of members designated by subdivisions (a)(1), (a)(2), and (a)(4) of this section shall 5
468471 expire on June 30 of any year evenly divisible by four. The terms of the remaining members shall 6
469472 expire on June 30 of any year that follows by two years a year evenly divisible by four. 7
470473 (c) Chair. – The members of the Commission shall elect a chair. The chair shall serve a 8
471474 two-year term and may be reelected. 9
472475 (d) Vacancies. – Any appointment to fill a vacancy on the Commission created by the 10
473476 resignation, dismissal, death, or disability of a member shall be made by the original appointing 11
474477 authority and shall be for the balance of the unexpired term. 12
475478 (e) Removal. – The appointing authority shall have the power to remove any member of 13
476479 the Commission appointed by that authority from office for misfeasance, malfeasance, or 14
477480 nonfeasance. 15
478481 (f) Expenses. – The members of the Commission shall receive per diem and necessary 16
479482 travel and subsistence expenses in accordance with the provisions of G.S. 138-5. 17
480483 (g) Quorum. – Five members of the Commission shall constitute a quorum for the 18
481484 transaction of business. 19
482485 (h) Licensing Power. – The Commission shall have the power to approve applications for 20
483486 medical cannabis supplier licenses upon recommendation of the Department by a majority vote 21
484487 of the members present and voting. The Department shall evaluate the applications in accordance 22
485488 with G.S. 90-113.120 and submit a list of 20 recommended applicants to the Commission. The 23
486489 Commission shall approve 10 licenses from the list by a majority vote of the members present 24
487490 and voting. Each supplier shall not own and operate more than eight medical cannabis centers. 25
488491 Each supplier must operate at least one medical cannabis center in a Tier 1 county. For the 26
489492 purposes of this section, "Tier 1 county" shall mean the 2023 County Tier Designations published 27
490493 by the North Carolina Department of Commerce pursuant to G.S. 143B-437.08. In awarding the 28
491494 licenses, the Commission shall consider the following criteria: 29
492495 (1) Priority shall be given to any supplier who commits to establishing a medical 30
493496 cannabis center in more than one Tier 1 county. 31
494497 (2) Priority shall be given to any supplier who commits to establishing the eight 32
495498 allowed medical cannabis centers in a manner that demonstrates a 33
496499 commitment to ensure the equitable distribution of medical cannabis centers 34
497500 throughout the State in order for registry identification cardholders to access 35
498501 an adequate supply of cannabis and cannabis-infused products, while 36
499502 preventing an overconcentration of medical cannabis centers in any one area. 37
500503 The Commission may consider the population of each county in making this 38
501504 determination. 39
502505 (i) License Suspension or Revocation. – The Commission may suspend or revoke a 40
503506 medical cannabis supplier license if the Commission determines that the licensee is not in 41
504507 substantial compliance with this Chapter or violates rules adopted by the Commission under 42
505508 subsection (k) of this section. The Department shall notify a licensee at least 14 days in advance 43
506509 of a proposed suspension or revocation, including the reasons for the suspension or revocation 44
507510 and any possible remedial options available to the licensee. The Commission has the power to 45
508511 administer oaths and issue subpoenas to require the presence of persons and the production of 46
509512 papers, books, and records necessary to conduct a suspension or revocation hearing. The 47
510513 suspension or revocation may be appealed by filing a contested case petition under Article 3 of 48
511514 Chapter 150B of the General Statutes. 49
512515 (j) All administrative support and other services required by the Commission shall be 50
513516 provided by the Department. 51 General Assembly Of North Carolina Session 2025
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515518 (k) Rules. – The Commission, in consultation with the North Carolina Medical Care 1
516519 Commission, shall have the authority to adopt rules to implement the provisions of this section, 2
517520 G.S. 90-113.119, 90-113.120, 90-113.121, and 90-113.122. Those rules shall become effective 3
518521 when adopted and pursuant to the provisions of this Chapter, the rules shall do all of the 4
519522 following: 5
520523 (1) Establish qualifications and requirements for licensure of suppliers, for the 6
521524 production of cannabis by a supplier, and for the proper regulation of medical 7
522525 cannabis centers and production facilities operated by suppliers. 8
523526 (2) Ensure the equitable distribution of medical cannabis centers throughout the 9
524527 State in order for registry identification cardholders to access an adequate 10
525528 supply of cannabis and cannabis-infused products, while preventing an 11
526529 overconcentration of medical cannabis centers in any one area. 12
527530 (3) Establish civil penalties for minor violations of the requirements of this 13
528531 Chapter and rules adopted under the authority provided in this subsection. 14
529532 (l) Conflicts of Interest. – No member of the Commission shall own, operate, have a 15
530533 direct or indirect financial interest in, or be employed by a licensed medical cannabis supplier, 16
531534 or a licensed medical cannabis testing laboratory, or a subcontractor thereof. No member of the 17
532535 Commission shall be a qualified patient, a designated caregiver, or a physician who issues written 18
533536 certifications. 19
534537 "§ 90-113.119. Regulated medical cannabis supply system. 20
535538 (a) Medical Cannabis Supply System. – The Medical Cannabis Production Commission 21
536539 established in G.S. 90-113.118 shall establish a medical cannabis supply system that authorizes 22
537540 suppliers to produce cannabis and cannabis-infused products in licensed cannabis production 23
538541 facilities and distribute them through medical cannabis centers. In establishing the medical 24
539542 cannabis supply system, the Commission shall (i) provide a safe, regulated supply of cannabis 25
540543 appropriate for medical use by qualified registry identification cardholders issued under 26
541544 G.S. 90-113.115, (ii) ensure statewide access to safe and affordable cannabis to registry 27
542545 identification cardholders, (iii) establish a system that is well-regulated, includes a seed-to-sale 28
543546 tracking system, and is financially viable for suppliers to ensure the highest quality cannabis and 29
544547 cannabis-infused products for patients, and (iv) generate sufficient revenue for the Commission 30
545548 to oversee and for the Department to maintain and operate the system. 31
546549 (b) The Commission shall adopt rules to regulate the medical cannabis supply system, to 32
547550 include, without limitation: 33
548551 (1) Physical plant requirements. 34
549552 (2) Odor control and mitigation. 35
550553 (3) Security, to include video surveillance. 36
551554 (4) Sanitation and workplace safety conditions. 37
552555 (5) Employee training. 38
553556 (6) Record keeping. 39
554557 (7) Inventory limits and controls. 40
555558 (8) Quality control. 41
556559 (9) Reportable events. 42
557560 (10) Procedures for mandatory and voluntary recall of unsafe cannabis or 43
558561 cannabis-infused products. 44
559562 (11) Permitted pesticides to be used and in what amounts, if any. 45
560563 (12) Limitations on the use of solvents or gases exhibiting potential toxicity to 46
561564 humans. 47
562565 (13) Storage of cannabis and cannabis-infused products. 48
563566 (14) Transportation of cannabis and cannabis-infused products. 49
564567 (c) Seed-to-Sale Tracking System. – The Commission shall establish, maintain, and 50
565568 control a computer software tracking system that traces cannabis from seed to sale and allows 51 General Assembly Of North Carolina Session 2025
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567570 real-time, 24-hour access by the Department, the Commission, and any State or local law 1
568571 enforcement agency in North Carolina to data from all production facilities, medical cannabis 2
569572 centers, and testing laboratories. The tracking system must allow for integration of other 3
570573 seed-to-sale systems and, at a minimum, include notification of when cannabis seeds are planted, 4
571574 when cannabis plants are harvested and destroyed, and when cannabis is transported, sold, stolen, 5
572575 diverted, or lost. Each medical cannabis supplier shall use the seed-to-sale tracking system 6
573576 established by the Commission or integrate its own seed-to-sale tracking system with the 7
574577 seed-to-sale tracking system established by the Commission. The Commission shall establish 8
575578 minimum requirements for the seed-to-sale tracking system used by a supplier. The Commission 9
576579 may contract with a vendor to establish the seed-to-sale tracking system. The vendor may not 10
577580 have a direct or indirect financial interest in a medical cannabis supplier or testing laboratory. 11
578581 (d) Funding. – The General Assembly may appropriate funds for the initial development 12
579582 and implementation of the medical cannabis supply system, but neither the Department nor the 13
580583 Commission shall use any appropriations from the General Fund to operate the system. The intent 14
581584 of the General Assembly is that the system shall be funded solely by the fees authorized in this 15
582585 Article. 16
583586 "§ 90-113.120. Medical cannabis supplier license. 17
584587 (a) Definitions. – The following definitions apply in this section: 18
585588 (1) Nonresident business. – An entity that has not been required to file an income 19
586589 or franchise tax return with the State for three years prior to filing an initial 20
587590 application for a medical cannabis supplier license that meets one or more of 21
588591 the following conditions: 22
589592 a. Is a nonresident entity. 23
590593 b. Is a nonresident individual who owns an unincorporated business as a 24
591594 sole proprietor. 25
592595 (2) Nonresident entity. – Defined in G.S. 105-163.1. 26
593596 (3) Nonresident individual. – Defined in G.S. 105-153.3. 27
594597 (b) Prohibitions. – No person shall do any of the following without first obtaining a 28
595598 medical cannabis supplier license from the Commission: 29
596599 (1) Grow, cultivate, produce, or sell cannabis or cannabis-infused products. 30
597600 (2) Operate a business to produce cannabis or cannabis-infused products. 31
598601 (3) Establish or operate a medical cannabis center for the sale of cannabis, 32
599602 cannabis-infused products, and paraphernalia relating to the administration of 33
600603 cannabis to qualified patients and designated caregivers who hold valid 34
601604 registry identification cards. 35
602605 (c) Medical Cannabis Supplier License Application; Fees. – An applicant for a license 36
603606 under this subsection shall submit the required information on application forms provided by the 37
604607 Department. The application form shall require at least all of the following: 38
605608 (1) The applicant's name and any legal names the applicant will use for facilities 39
606609 where the applicant will produce cannabis and for each medical cannabis 40
607610 center and production facility the applicant proposes to operate. 41
608611 (2) The address of each property, location, or premises the applicant will use to 42
609612 produce cannabis, of each production facility the applicant will use to process 43
610613 cannabis or produce cannabis-infused products, and of each medical cannabis 44
611614 center the applicant will use to dispense or distribute cannabis. 45
612615 (3) Documentation demonstrating that the applicant possesses: 46
613616 a. Requisite expertise in controlled environment agriculture and the 47
614617 ability to engage in growing or processing of cannabis, as well as 48
615618 product development, quality control, and inventory management of 49
616619 cannabis meeting standards that the Commission shall specify by rule. 50 General Assembly Of North Carolina Session 2025
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618621 b. Technical and technological ability to cultivate, produce, and 1
619622 distribute medical cannabis in a manner that meets Commission 2
620623 standards for production consistency and safe handling. 3
621624 c. Ability to secure cannabis production, testing, resources, 4
622625 transportation, and personnel to operate as a safe and secure supplier 5
623626 in compliance with all state regulations in which the applicant has prior 6
624627 experience. 7
625628 (4) Proposed operating procedures for each production facility, medical cannabis 8
626629 center, and component of the applicant's proposed medical cannabis supply 9
627630 system, including record keeping and security requirements as the 10
628631 Commission shall specify by rule. 11
629632 (5) The name, address, and date of birth of each principal officer and board 12
630633 member of the supplier. 13
631634 (6) The name, address, and date of birth of each employee of the supplier. 14
632635 (7) For first-year suppliers, a nonrefundable license fee in the amount of fifty 15
633636 thousand dollars ($50,000) plus five thousand dollars ($5,000) for each 16
634637 production facility or medical cannabis center the applicant proposes to 17
635638 operate under the license. 18
636639 (8) For suppliers seeking license renewal, a nonrefundable renewal fee in an 19
637640 amount not less than ten thousand dollars ($10,000), plus five thousand dollars 20
638641 ($5,000) for each new production facility or medical cannabis center the 21
639642 supplier proposes to operate under the license, plus one thousand dollars 22
640643 ($1,000) for each existing production facility or medical cannabis center the 23
641644 supplier operates under the license as specified in rules adopted by the 24
642645 Commission pursuant to G.S. 90-113.118 and annual audited financial 25
643646 statements audited by an independent certified public accountant. 26
644647 (9) Proof the applicant has been a State resident for at least two years and will be 27
645648 the majority owner of each medical cannabis center and production facility 28
646649 the applicant proposes to operate. The applicant may include nonresident 29
647650 partners with demonstrated ownership and operation experience in the 30
648651 cultivation, production, extraction, product development, quality control, and 31
649652 inventory management of cannabis products in a state-licensed medical or 32
650653 adult use cannabis operation and shall provide proof of state residency for any 33
651654 nonresident partner of the applicant. 34
652655 (10) The name, address, and date of birth of any individual owning more than five 35
653656 percent (5%) of the medical cannabis center and production facility the 36
654657 supplier operates. 37
655658 (11) Proof in a manner and amount as the Commission shall specify by rule that 38
656659 the applicant has sufficient liquid and nonliquid assets to operate as a supplier 39
657660 for two years as a part of the medical cannabis supply system established by 40
658661 this Article. 41
659662 (12) If the applicant or proposed owners, officers, board members, or managers 42
660663 have engaged in medical or adult use cannabis operations in another state, 43
661664 evidence of compliance with applicable laws and regulations in that state. 44
662665 (13) Any other information the Department considers necessary to ensure 45
663666 compliance with the terms of this Article. 46
664667 (d) Duration. – Unless suspended or revoked, a medical cannabis supplier license is valid 47
665668 for a period not to exceed 12 months from the date of issuance. 48
666669 (e) Renewal. – A supplier shall apply for renewal, as necessary, at least 30 days prior to 49
667670 the expiration of a current license. 50 General Assembly Of North Carolina Session 2025
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669672 (f) Supplier Registry Identification Cards and Fees. – The Department shall issue a 1
670673 supplier registry identification card to each owner, director, and employee listed on the 2
671674 application or renewal upon receipt of a two hundred fifty dollar ($250.00) fee per cardholder. 3
672675 The supplier registry identification card issued pursuant to this subsection must be issued no later 4
673676 than 30 days after a supplier has been granted a license pursuant to this Article. Each supplier 5
674677 registry identification cardholder shall carry the supplier registry identification card together with 6
675678 a valid identification whenever the supplier registry identification cardholder is possessing 7
676679 cannabis or cannabis-infused products as provided in this Article. Each supplier registry 8
677680 identification card shall be printed with tamper-resistant technology and shall contain at least all 9
678681 of the following information: 10
679682 (1) The name of the cardholder. 11
680683 (2) The date of birth of the cardholder. 12
681684 (3) The name of the supplier. 13
682685 (4) The name of the supplier's business. 14
683686 (5) The address of the supplier's business. 15
684687 (6) A random alphanumeric identification number that is unique to the cardholder. 16
685688 (7) A photograph of the cardholder. 17
686689 (g) Notification of Changes. – An applicant or supplier shall notify the Department of 18
687690 any change in the information submitted on the license application or renewal form within 30 19
688691 days after the change. 20
689692 (h) Availability of Records. – The records of a medical cannabis center operated by a 21
690693 supplier are subject to the same restrictions imposed on pharmacy records pursuant to 22
691694 G.S. 90-85.36. G.S. 90-85.36 applies to each medical cannabis center as if it were a pharmacy 23
692695 regulated under Article 4A of Chapter 90 of the General Statutes. 24
693696 (i) Cannabis Production Site Card. – The Department shall issue a cannabis production 25
694697 site card to each supplier for each production facility approved under this section. The card shall 26
695698 be posted conspicuously at each production facility. 27
696699 (j) Performance Requirements. – A supplier must begin cultivation of cannabis within 28
697700 120 days of receiving a medical cannabis supplier license and begin selling cannabis and 29
698701 cannabis-infused products in medical cannabis centers within 270 days of initiating cultivation. 30
699702 (k) Criminal History Record Check. – In order to ensure compliance with this section, 31
700703 the Department shall conduct a criminal history record check of any person whose name is 32
701704 submitted on an application as an owner, director, or an employee of the supplier. When 33
702705 requested by the Department, the North Carolina Department of Public Safety may provide to 34
703706 the Department a person's criminal history from the State Repository of Criminal Histories. Such 35
704707 requests shall not be due to a person's age, sex, race, color, national origin, religion, creed, 36
705708 political affiliation, or handicapping condition as defined in G.S. 168A-3. For requests for a State 37
706709 criminal history record check only, the Department shall provide to the Department of Public 38
707710 Safety a form consenting to the check signed by the person to be checked and any additional 39
708711 information required by the Department of Public Safety. National criminal record checks are 40
709712 authorized for applicants who have not resided in the State of North Carolina during the past five 41
710713 years. For national checks, the Department shall provide to the North Carolina Department of 42
711714 Public Safety the fingerprints of the person to be checked, any additional information required 43
712715 by the Department of Public Safety, and a form signed by the person to be checked consenting 44
713716 to the check of the criminal record and to the use of fingerprints and other identifying information 45
714717 required by the State or National Repositories. The fingerprints of the individual shall be 46
715718 forwarded to the State Bureau of Investigation for a search of the State criminal history record 47
716719 file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau 48
717720 of Investigation for a national criminal history record check. The Department of Health and 49
718721 Human Services shall keep all information pursuant to this section confidential. The Department 50
719722 of Public Safety shall charge a reasonable fee for conducting the checks of the criminal history 51 General Assembly Of North Carolina Session 2025
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721724 records authorized by this section. All releases of criminal history information to the Department 1
722725 shall be subject to, and in compliance with, rules governing the dissemination of criminal history 2
723726 record checks as adopted by the North Carolina Department of Public Safety. All of the 3
724727 information either department receives through the checking of the criminal history is privileged 4
725728 information and for the exclusive use of that department. 5
726729 (l) Duty to Update. – In order to continue to hold a license under this Article, a supplier 6
727730 shall notify the Commission of any change in criminal history of any person required to be 7
728731 evaluated by the Department under this section. The Commission may reevaluate the supplier's 8
729732 eligibility for a license based on the notification and may modify or revoke the license or require 9
730733 issuance of a new license with appropriate terms to exclude disqualifying persons. 10
731734 (m) Disqualifications for Licensure. – The Commission shall not issue a license 11
732735 authorized by this section to any of the following persons: 12
733736 (1) A person who has not paid the appropriate license or license renewal fee. 13
734737 (2) An individual who is less than 21 years of age. 14
735738 (3) A person who has served a sentence for any of the following felonies in the 15
736739 five years immediately preceding the date of license application: any Class A 16
737740 through E felony; any felony that includes assault as an essential element of 17
738741 the offense; any felony under Article 14 (Burglary and Other Housebreakings) 18
739742 of Chapter 14 of the General Statutes; any felony under Article 16 (Larceny), 19
740743 Article 16A (Organized Retail Theft), Article 17 (Robbery), Article 18 20
741744 (Embezzlement), Article 19 (False Pretenses and Cheats), Article 19A 21
742745 (Obtaining Property or Services by False or Fraudulent Use of Credit Device 22
743746 or Other Means), Article 19B (Financial Transaction Card Crime Act), or 23
744747 Article 19C (Financial Identity Theft) of Chapter 14 of the General Statutes. 24
745748 (4) A person (or, with respect to a person who is not an individual, an owner, 25
746749 director, or employee of the person) who at any time has been convicted of a 26
747750 felony violation for manufacturing, selling, delivering, or possessing with 27
748751 intent to manufacture, sell, deliver, or possess a Schedule I or II controlled 28
749752 substance, in violation of G.S. 90-95(b)(1). 29
750753 (5) Except as otherwise provided in this subdivision, a person who has not been 30
751754 a resident of North Carolina for at least two years prior to the date of the 31
752755 license application, unless that person is a minority partner of a State resident 32
753756 who is the majority owner of the applicant. With respect to a person who is 33
754757 not an individual, a person that is a nonresident business. 34
755758 (6) A person who has had a license previously revoked by the Commission. 35
756759 (7) A person who has been convicted in federal court or in any other jurisdiction 36
757760 of an offense which is substantially similar to a disqualifying offense 37
758761 contained in subdivision (3) or (4) of this subsection. 38
759762 (n) Administrative and Judicial Review. – Articles 3 and 4 of Chapter 150B of the 39
760763 General Statutes govern administrative and judicial review of an administrative decision made 40
761764 under this section. 41
762765 "§ 90-113.121. Restrictions on supplier sales and supply. 42
763766 (a) Restrictions on Sales and Supply. – A person licensed as a supplier under this Article 43
764767 is subject to the following sales and supply restrictions: 44
765768 (1) The supplier may sell cannabis and cannabis-infused products only through 45
766769 the medical cannabis center that the supplier is licensed to operate under this 46
767770 Article. A medical cannabis center shall not sell cannabis, cannabis-infused 47
768771 products, or paraphernalia relating to the administration of cannabis to any 48
769772 person other than a qualified patient, designated caregiver, or except as 49
770773 provided in this section. A medical cannabis center shall not sell cannabis or 50 General Assembly Of North Carolina Session 2025
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772775 cannabis-infused products in an amount that exceeds an adequate supply to 1
773776 any qualified patient or designated caregiver. 2
774777 (2) The supplier may sell only cannabis grown by the supplier at the production 3
775778 facilities approved under this Article. Except as provided in this section, the 4
776779 supplier shall not sell cannabis, cannabis plants, cannabis seeds, or cultivation 5
777780 equipment to any other person other than through the medical cannabis center 6
778781 that the supplier is licensed to operate. 7
779782 (b) Resale. – The supplier may sell cannabis or cannabis-infused products for resale to 8
780783 another licensed supplier. 9
781784 "§ 90-113.122. Supplier reporting; monthly fees; fines; audit. 10
782785 (a) Reports. – Each supplier licensed under this Article shall submit monthly reports to 11
783786 the Department on all financial transactions, including, but not limited to, production, sales and 12
784787 purchases of cannabis and cannabis-infused products, and transfers of cannabis and 13
785788 cannabis-infused products for no consideration with respect to each medical cannabis center and 14
786789 production facility operated by the supplier. Each supplier licensed under this Article shall report 15
787790 quarterly to the Commission on all cannabis or cannabis-infused products the supplier sold or 16
788791 manufactured in the previous quarter. 17
789792 (b) Monthly Fee. – Each supplier licensed under this section shall pay to the Department 18
790793 a monthly fee equal to ten percent (10%) of the gross revenue derived from the sale of cannabis 19
791794 and cannabis-infused products at all medical cannabis centers operated by the supplier. 20
792795 (c) Construction. – Nothing in this section shall be construed to exempt persons licensed 21
793796 under this section from the reporting or remittance of sales tax for any transaction upon which a 22
794797 sales tax may be levied. 23
795798 (d) Fines. – The Department may, in addition to or in lieu of any other penalties imposed 24
796799 under this Article, impose a fine of up to ten thousand dollars ($10,000) on a supplier for any of 25
797800 the following violations: 26
798801 (1) Violating a statute or Commission rule. 27
799802 (2) Failing to maintain qualifications for approval. 28
800803 (3) Endangering the health, safety, or security of a qualified patient. 29
801804 (4) Improperly disclosing confidential information of a qualified patient. 30
802805 (5) Making or filing a report or record that the supplier knows to be false. 31
803806 (6) Willfully failing to maintain a record required by law or rule. 32
804807 (7) Willfully impeding or obstructing an employee or agent of the Department in 33
805808 the furtherance of his or her official duties. 34
806809 (8) Engaging in fraud or deceit, negligence, incompetence, or misconduct in the 35
807810 business practices of a medical cannabis supplier. 36
808811 (9) Making misleading, deceptive, or fraudulent representations in or related to 37
809812 the business practices of a medical cannabis supplier. 38
810813 (10) Violating a lawful order of the Department or an agency of the State, or failing 39
811814 to comply with a lawfully issued subpoena of the Department or an agency of 40
812815 the State. 41
813816 Where there are multiple incidents resulting in more than one violation of the same provision, 42
814817 the Department may impose a fine, up to the maximum, for each violation. For violations that 43
815818 are ongoing and continuous in nature, each day a violation continues constitutes a distinct 44
816819 violation. The Commission may establish criteria for fine amounts. A supplier may appeal the 45
817820 imposition of fines by the Department to the Commission, and the Commission shall adopt rules 46
818821 governing such appeals. 47
819822 (e) Audit. – The Commission may require in its discretion an audit of the financial 48
820823 transactions of a supplier to be conducted by an independent certified accountant. The 49
821824 Department reserves the right to select the independent certified accountant to be used for the 50
822825 audit. The supplier shall be responsible for all costs associated with the audit. 51 General Assembly Of North Carolina Session 2025
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824827 "§ 90-113.123. Qualified exemption from criminal laws for suppliers. 1
825828 (a) Exemption from Criminal Laws. – A supplier, or a supplier's employee, agent, or 2
826829 principal, is exempt from the criminal laws of this State for possession, production, delivery, or 3
827830 transportation of cannabis or aiding and abetting another in the possession, production, delivery, 4
828831 or transportation of cannabis or any other criminal offense in which possession, production, 5
829832 delivery, or transportation of cannabis is an element if the person is in compliance with this 6
830833 Article and rules adopted under this Article. 7
831834 (b) Loss of Exemption from Criminal Laws. – A supplier, or a supplier's employee, agent, 8
832835 or principal, ceases to be exempt as provided in subsection (a) of this section upon committing 9
833836 any of the following acts: 10
834837 (1) Delivering cannabis to any individual who the person knows or has reason to 11
835838 know is not a qualified patient or designated caregiver who holds a valid 12
836839 registry identification card issued under G.S. 90-113.115, or a supplier who 13
837840 holds a license under G.S. 90-120. 14
838841 (2) Manufacturing or distributing cannabis at an address not registered with the 15
839842 Department. 16
840843 (3) Failing to report transfer of cannabis authorized under this Article to the 17
841844 Department. 18
842845 (4) Otherwise producing, possessing, distributing, or dispensing cannabis or 19
843846 cannabis-infused products in a manner not consistent with this Article. 20
844847 (c) Nothing in this section shall be construed to extend the protections of this section to 21
845848 any person, including a supplier, or a supplier's employee, agent, or principal, to allow that person 22
846849 to acquire, possess, manufacture, produce, use, sell, distribute, dispense, or transport cannabis in 23
847850 a manner that is not consistent with this Article. 24
848851 "§ 90-113.124. Protections for the medical use of cannabis; possession by registry 25
849852 identification cardholders protected. 26
850853 (a) A registry identification cardholder shall not be subject to arrest, prosecution, or 27
851854 penalty in any manner for the possession or purchase of cannabis for medical use by the qualified 28
852855 patient if the quantity of usable cannabis possessed or purchased does not exceed an adequate 29
853856 supply, as determined by the qualified patient's physician, and the cannabis or cannabis-infused 30
854857 product is contained in packaging bearing the label required by G.S. 90-113.132. 31
855858 (b) If usable cannabis is infused or added as an ingredient to an edible cannabis product, 32
856859 salve, tincture, or any other preparation to be consumed or used by a qualified patient, the weight 33
857860 of the other ingredients that are not usable cannabis shall not be included for the purpose of 34
858861 determining whether a qualified patient is in possession of an amount of cannabis that exceeds 35
859862 the qualified patient's adequate supply. 36
860863 (c) When an employee, officer, or agent of the State makes a finding, determination, or 37
861864 otherwise considers a qualified patient or designated caregiver's possession or use of cannabis, 38
862865 or a cannabis-infused product, the employee, officer, or agent may not consider the qualified 39
863866 patient or designated caregiver's possession or use any differently than the lawful possession or 40
864867 use of any prescribed controlled substance, if the qualified patient or designated caregiver's 41
865868 possession or use complies with this Article. 42
866869 (d) Nothing in this section shall be construed to extend the protections of this section to 43
867870 any person, including a qualified patient, or a designated caregiver, to allow that person to 44
868871 acquire, possess, manufacture, produce, use, sell, distribute, dispense, or transport cannabis in a 45
869872 manner that is not consistent with this Article. 46
870873 "§ 90-113.125. Smoking and vaping prohibited in certain places. 47
871874 (a) Nothing in this Article shall authorize a registry identification cardholder to engage 48
872875 in the smoking of cannabis or the vaping of cannabis for medical use in the following places: 49
873876 (1) In a public place or a place open to the public. 50
874877 (2) In any place of employment. 51 General Assembly Of North Carolina Session 2025
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876879 (3) In a vehicle. 1
877880 (4) In or within 1,000 linear feet of the property line of a church, unless the 2
878881 medical use occurs within a private residence. 3
879882 (5) In or within 1,000 linear feet of the property line of a child care facility as 4
880883 defined in G.S. 110-86(3), unless the medical use occurs within a private 5
881884 residence. When a private residence is a child care facility, the smoking of 6
882885 cannabis and the vaping of cannabis is prohibited. 7
883886 (6) In or within 1,000 linear feet of the property line of a public school unit or any 8
884887 nonpublic school as defined in Part 1 or Part 2 of Article 39 of Chapter 115C 9
885888 of the General Statutes, unless the medical use occurs within a private 10
886889 residence. 11
887890 (7) In or within 1,000 linear feet of the property line of a community college or 12
888891 the facilities of The University of North Carolina and the grounds of those 13
889892 facilities as defined in G.S. 143-597(a)(6), unless the medical use occurs 14
890893 within a private residence. Smoking or vaping is permitted inside buildings 15
891894 that are used for medical or scientific research to the extent that smoking or 16
892895 vaping is an integral part of the research. Smoking or vaping permitted under 17
893896 this subdivision shall be confined to the area where the research is being 18
894897 conducted. 19
895898 (b) Any individual who engages in the smoking of cannabis or the vaping of cannabis in 20
896899 violation of this section shall be guilty of an infraction and punished by a fine of not more than 21
897900 twenty-five dollars ($25.00). 22
898901 "§ 90-113.126. Violations; penalties; and enhanced sentence for trafficking related to 23
899902 medical cannabis. 24
900903 (a) Any person who manufactures, sells, delivers, or possesses with intent to 25
901904 manufacture, sell, or deliver cannabis in violation of this Article at a medical cannabis center or 26
902905 production facility shall be punished as a Class G felon. 27
903906 (b) Any person who creates, sells, delivers, or possesses with intent to sell or deliver 28
904907 counterfeit cannabis in violation of this Article at a medical cannabis center or production facility 29
905908 shall be punished as a Class H felon. 30
906909 (c) Any person who possesses an amount of cannabis up to 1 1/2 ounces in violation of 31
907910 this Article, at a medical cannabis center or production facility, shall be deemed guilty of a Class 32
908911 A1 misdemeanor. 33
909912 (d) Any person who possesses an amount of cannabis that exceeds 1 1/2 ounces in 34
910913 violation of this Article, at a medical cannabis center or production facility, shall be punished as 35
911914 a Class H felon. 36
912915 (e) Any person that provides the Department with false or misleading information in 37
913916 relation to a registry identification card or license shall be deemed guilty of a Class 1 38
914917 misdemeanor. 39
915918 (f) Any person who has been issued a valid registry identification card who is found to 40
916919 be in possession of cannabis in violation of this Article shall be punished as a Class I felon. 41
917920 (g) If a person is convicted of a violation of G.S. 90-95(h)(1), and it is found that the 42
918921 offense was committed at a medical cannabis center or production facility or with cannabis from 43
919922 a medical cannabis center or production facility, then the person shall be sentenced at a felony 44
920923 class level one class higher than the principal felony for which the person was convicted, and an 45
921924 additional 12 months will be added to the mandatory minimum sentence. No defendant sentenced 46
922925 pursuant to this section shall be sentenced at a level higher than a Class C felony. An indictment 47
923926 or information for the felony shall allege in that indictment or information the facts that qualify 48
924927 the offense for an enhancement under this section. One pleading is sufficient for all felonies that 49
925928 are tried at a single trial. 50 General Assembly Of North Carolina Session 2025
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927930 (g1) Closed Containers. – It shall be unlawful for any person to possess cannabis or a 1
928931 cannabis-infused product, other than in a closed retailer's container as packaged, in a passenger 2
929932 compartment of a vehicle in a public vehicular area or on a public street or highway. Violation 3
930933 of this subsection shall be punished as a Class 3 misdemeanor. 4
931934 (g2) Fraudulent Use of Identification. – It is unlawful for any person to enter or attempt to 5
932935 enter a licensed medical cannabis center where cannabis or a cannabis-infused product is sold, 6
933936 or to obtain or attempt to obtain cannabis or a cannabis-infused product, or to obtain or attempt 7
934937 to obtain permission to purchase cannabis or a cannabis-infused product, by using or attempting 8
935938 to use a fraudulent or altered registry identification card. Violation of this subsection shall be 9
936939 punished as a Class 2 misdemeanor. 10
937940 (h) These penalties may be imposed in addition to any other penalties provided by law. 11
938941 "§ 90-113.127. North Carolina medical cannabis verification system. 12
939942 (a) Verification System. – The Department shall establish a secure web-based 13
940943 verification system. The verification system shall allow authorized Department personnel, State 14
941944 and local law enforcement personnel, and medical cannabis centers to enter a registry 15
942945 identification card number to determine whether the number corresponds with a current, valid 16
943946 registry identification card. For the purposes of this subsection, the system may disclose only: 17
944947 (1) Whether the registry identification card is valid. 18
945948 (2) The name, address, and date of birth of the cardholder. 19
946949 (3) A photograph of the cardholder, if required by Department rules. 20
947950 (4) Whether the cardholder is a qualifying patient or a designated caregiver. 21
948951 (5) The registry identification card number of any associated qualifying patients 22
949952 or designated caregivers. 23
950953 (6) Only if accessed by a medical cannabis center employee or authorized 24
951954 Department personnel, the amount of cannabis and cannabis-infused products 25
952955 dispensed in the past 30 days. 26
953956 (7) The delivery method of the cannabis. 27
954957 (8) The adequate supply of the cannabis or cannabis-infused product. 28
955958 (b) Verification System Access. – No person or entity may have access to information 29
956959 contained in the Department's verification system, except for an authorized employee of the 30
957960 Department in the course of official duties or a State or local law enforcement officer in the 31
958961 course of official duties related to a person who claims to be a qualifying patient, designated 32
959962 caregiver, supplier, or supplier agent engaged in conduct authorized in this Article. 33
960963 (c) Requirement to Check. – Before cannabis or cannabis-infused products may be 34
961964 dispensed to a registry identification cardholder, a medical cannabis center employee shall access 35
962965 the verification system and determine that: 36
963966 (1) The registry identification card presented at the medical cannabis center is 37
964967 valid. 38
965968 (2) Each person presenting a registry identification card is the person identified 39
966969 on the registry identification card presented to the medical cannabis center 40
967970 employee. 41
968971 (3) The amount to be dispensed would not cause a qualifying patient, directly or 42
969972 via the qualifying patient's designated caregiver, to exceed the limit on 43
970973 obtaining no more than an adequate supply of cannabis or cannabis-infused 44
971974 products during any 30-day period. 45
972975 (4) The cannabis to be dispensed complies with the delivery method. 46
973976 (5) After making the determinations required in subdivisions (3) and (4) of this 47
974977 subsection, but before dispensing cannabis or cannabis-infused products to a 48
975978 registry identification cardholder, a medical cannabis center employee shall 49
976979 enter the following information in the verification system: 50 General Assembly Of North Carolina Session 2025
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978981 a. How much cannabis or cannabis-infused product is to be dispensed to 1
979982 the registry identification cardholder. 2
980983 b. Whether the cannabis or cannabis-infused product is to be dispensed 3
981984 directly to the qualifying patient or to the qualifying patient's 4
982985 designated caregiver. 5
983986 c. The date and time the cannabis or cannabis-infused product is to be 6
984987 dispensed. 7
985988 d. The registry identification number of the medical cannabis center that 8
986989 dispensed the cannabis or cannabis-infused product. 9
987990 "§ 90-113.128. Inspections; security measures. 10
988991 (a) Inspection. – The Department shall perform annual inspections of the premises of any 11
989992 person licensed under this section, including any production facility or medical cannabis center. 12
990993 All production facilities and medical cannabis centers owned and operated by a supplier are 13
991994 subject to random inspection by the Department, and the North Carolina State Bureau of 14
992995 Investigation in accordance with rules adopted by the Commission, which shall be developed by 15
993996 the Commission after consulting with and receiving input from the North Carolina State Bureau 16
994997 of Investigation. 17
995998 (b) Security Measures. – 18
996999 (1) Suppliers shall implement appropriate security measures in accordance with 19
9971000 rules adopted by the Commission, which shall be developed by the 20
9981001 Commission after consulting with and receiving input from the North Carolina 21
9991002 State Bureau of Investigation, designed to deter and prevent the theft of 22
10001003 cannabis and cannabis-infused products and unauthorized entrance into areas 23
10011004 containing cannabis or cannabis-infused products. 24
10021005 (2) All production facilities shall conduct cultivation, harvesting, processing, and 25
10031006 packaging of cannabis and cannabis-infused products in a controlled, secure 26
10041007 facility at a physical address provided to the Commission during the medical 27
10051008 cannabis supplier license application process. A production facility may only 28
10061009 be accessed by a supplier or a supplier's employee or agent, authorized 29
10071010 Department personnel, law enforcement personnel, emergency personnel, and 30
10081011 adults who are 21 years of age and older who are accompanied by a supplier 31
10091012 or supplier's agents or principals. 32
10101013 "§ 90-113.129. Medical cannabis center restrictions. 33
10111014 (a) Hours. – A medical cannabis center licensed under this Article shall not sell cannabis 34
10121015 or cannabis-infused products between the hours of 7:00 P.M. and 7:00 A.M. 35
10131016 (b) Location. – A medical cannabis center shall not be located within 1,000 linear feet of 36
10141017 the property line of any of the following places: 37
10151018 (1) A church. 38
10161019 (2) A child care facility as defined in G.S. 110-86(3). 39
10171020 (3) A public school unit or any nonpublic school as defined in Part 1 or Part 2 of 40
10181021 Article 39 of Chapter 115C of the General Statutes. 41
10191022 (4) A community college or the facilities of The University of North Carolina and 42
10201023 the grounds of those facilities as defined in G.S. 143-597(a)(6). 43
10211024 (c) Limited Entry. – Entry to medical cannabis centers shall be strictly limited to qualified 44
10221025 patients, designated caregivers, and persons whose job duties require their presence in the 45
10231026 medical cannabis center, including employees and contractors of the medical cannabis center and 46
10241027 State employees with an inspection or regulatory role. The Commission may set other limitations 47
10251028 as necessary to protect the public. 48
10261029 (d) Employee Age. – Employees of a medical cannabis center must be 21 years of age or 49
10271030 older. 50 General Assembly Of North Carolina Session 2025
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10291032 (e) Consumption Prohibited. – Consumption of cannabis or cannabis-infused products on 1
10301033 the site of a medical cannabis center is prohibited. 2
10311034 (f) Products. – The only products that may be sold in a medical cannabis center are 3
10321035 cannabis and cannabis-infused products and paraphernalia relating to the administration of 4
10331036 cannabis and cannabis-infused products. 5
10341037 (g) Visibility Restriction. – Cannabis, cannabis-infused products, and paraphernalia shall 6
10351038 not be visible to the public from the outside of the medical cannabis center. 7
10361039 (h) Delivery. – The Commission may establish rules to allow the delivery of cannabis, 8
10371040 cannabis-infused products, and paraphernalia used to administer cannabis products by medical 9
10381041 cannabis centers to the home of a qualified patient or a designated caregiver in a manner that 10
10391042 ensures public safety, the safety of persons delivering the products, and the prevention of 11
10401043 diversion. 12
10411044 "§ 90-113.130. Testing of cannabis and cannabis-infused products. 13
10421045 (a) The Department shall establish standards for and shall license up to five independent 14
10431046 testing laboratories to test cannabis and cannabis-infused products that are to be sold in the State. 15
10441047 An independent testing laboratory shall analyze a representative sample of all cannabis or 16
10451048 cannabis-infused products before the sale or transfer to a medical cannabis center by a production 17
10461049 facility. An independent testing laboratory shall report the results of all required testing to the 18
10471050 Department and to the Medical Cannabis Production Commission. The Commission shall have 19
10481051 the authority to conduct its own testing of cannabis or cannabis-infused products in coordination 20
10491052 with the Department. 21
10501053 (b) An independent testing laboratory shall be responsible for selecting, picking up, and 22
10511054 testing product samples. 23
10521055 (c) The Department shall adopt rules to establish the following, at a minimum: 24
10531056 (1) Standards for testing cannabis and cannabis-infused products, including active 25
10541057 ingredient analyses, potency analyses, homogeneity requirements, and 26
10551058 specifying prohibited concentrations of heavy metals, pesticides, residual 27
10561059 solvents, microbiological contaminants, mycotoxins, and other contaminants 28
10571060 that are injurious to human health. 29
10581061 (2) Standards for independent testing laboratories, including requirements for 30
10591062 equipment and qualifications for personnel. 31
10601063 (3) Standards and requirements necessary for an independent testing laboratory 32
10611064 to be licensed and for the renewal, suspension, and revocation of the license. 33
10621065 (4) Remedial actions to be taken if the representative sample does not meet the 34
10631066 standards established by the Department. 35
10641067 (5) The amount of the licensing fee payable to the Department by an independent 36
10651068 testing laboratory. 37
10661069 (d) No individual who owns, operates, has a direct or indirect financial interest in, or is 38
10671070 employed by an independent testing laboratory shall own, operate, have a direct or indirect 39
10681071 financial interest in, or be employed by a supplier, a production facility, or a medical cannabis 40
10691072 center. 41
10701073 "§ 90-113.131. Advertising. 42
10711074 (a) The production facility or medical cannabis center logo, signage, and advertising shall 43
10721075 be tasteful, respectful, and medically focused and shall not appeal to minors or contain 44
10731076 cartoon-like figures or attempts at humor. Suppliers are prohibited from using marijuana leaves 45
10741077 or slang for cannabis or cannabis-infused products in or on their logos, packaging, or structures. 46
10751078 Suppliers may not use neon-colored signage, logos, or packaging or neon-colored signage or 47
10761079 logos on structures. The supplier shall submit any logo or sign for review to the Department in 48
10771080 accordance with Department rules. 49 General Assembly Of North Carolina Session 2025
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10791082 (b) Notwithstanding any municipal or county ordinance prohibiting signage, the medical 1
10801083 cannabis center shall only use signage that includes the medical cannabis center's name, logo, 2
10811084 and hours of operation. 3
10821085 (c) A medical cannabis supplier or medical cannabis center shall not: 4
10831086 (1) Advertise in any manner that is viewable or can otherwise be perceived in a 5
10841087 public space, including, but not limited to, billboards, bus wraps, signs on 6
10851088 vehicles or benches, adopt-a-highway signs, or any format that may be 7
10861089 viewable from sidewalks, walkways, or roads. 8
10871090 (2) Distribute handbills in public areas. 9
10881091 (3) Advertise on television, radio, print, digital, or electronic media. 10
10891092 (4) Engage in advertising via marketing directed toward location-based devices 11
10901093 or electronic devices, including, but not limited to, cellular phones. 12
10911094 (5) Engage in any form of advertising which promotes the application or 13
10921095 registration of people as qualified patients or promotes the services of a 14
10931096 physician or any other party which facilitates such application or registration. 15
10941097 (6) Publicly sponsor sporting events, concerts, or other community or cultural 16
10951098 events. 17
10961099 (7) Sell or give away promotional products such as t-shirts or any other items 18
10971100 containing the name of the medical cannabis center. 19
10981101 (8) Make therapeutic or health benefit claims related to cannabis or 20
10991102 cannabis-infused products. 21
11001103 (d) The Commission may take action against a licensee or designated retailer who 22
11011104 engages in nonconforming signage or advertising, including specifying a period of time by which 23
11021105 the licensee or designated retailer shall cease or remove the noncompliant signage or advertising 24
11031106 or risk a fine, suspension of the license, or both. 25
11041107 (e) A medical cannabis center may maintain a website that includes information about: 26
11051108 (1) The location and hours of operation of the medical cannabis center. 27
11061109 (2) The product or service available at the medical cannabis center. 28
11071110 (3) The personnel affiliated with the medical cannabis center. 29
11081111 (4) The best practices that the medical cannabis center upholds. 30
11091112 (5) Educational material related to the medical use of cannabis, as defined by the 31
11101113 Department. 32
11111114 (f) All production facilities and medical cannabis centers owned and operated by a 33
11121115 supplier shall maintain a discreet, professional appearance that is compatible with existing 34
11131116 commercial structures or land uses within the immediate area, including requirements to maintain 35
11141117 the production facility or medical cannabis center in a manner to prevent blight, deterioration, 36
11151118 diminishment, or impairment of property values within the vicinity. 37
11161119 (g) Advertisement of cannabis or cannabis-infused products in any manner except as 38
11171120 allowed in this Article is prohibited. 39
11181121 (h) The Department, in consultation with the Commission, shall adopt rules to define and 40
11191122 monitor standards for a medical cannabis center's name, signage, and logo to ensure a medical 41
11201123 rather than recreational disposition. 42
11211124 "§ 90-113.132. Packaging of cannabis and cannabis-infused products. 43
11221125 (a) Definitions. – The following definitions apply in this section: 44
11231126 (1) Child-resistant packaging. – A package that is designed or constructed to be 45
11241127 significantly difficult for children under 5 years of age to open and not difficult 46
11251128 for normal adults to use properly, substantially similar to those defined by 16 47
11261129 C.F.R. § 1700.20 (1995), opaque so that the packaging does not allow the 48
11271130 product to be seen without opening the packaging material, and resealable for 49
11281131 any product intended for more than a single use or containing multiple 50
11291132 servings. 51 General Assembly Of North Carolina Session 2025
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11311134 (2) Exit packaging. – A sealed, child-resistant packaging receptacle into which 1
11321135 pre-packaged cannabis products are placed at the retail point of sale at a 2
11331136 medical cannabis center. 3
11341137 (b) Suppliers shall safely package and accurately label cannabis or cannabis-infused 4
11351138 products. All items sold at a medical cannabis center shall be properly labeled and contained in 5
11361139 child-resistant packaging. Labels shall not include strain names but may include cannabinoid and 6
11371140 terpene profiles for identification. Each label shall comply with State laws and rules and, at a 7
11381141 minimum, shall include: 8
11391142 (1) The name of the medical cannabis center. 9
11401143 (2) The percentage of tetrahydrocannabinol and the percentage of cannabidiol 10
11411144 within a profile tolerance range of ten percent (10%). For edible cannabis 11
11421145 products, the cannabinoid profile should be listed by milligrams per serving. 12
11431146 (3) The name of the production facility. 13
11441147 (4) A conspicuous statement printed in all capital letters and in a color that 14
11451148 provides a clear contrast to the background that reads, "NOT FOR RESALE. 15
11461149 FOR MEDICAL USE ONLY. KEEP OUT OF THE REACH OF CHILDREN 16
11471150 AND ANIMALS.". 17
11481151 (5) The length of time it typically takes for the product to take effect. 18
11491152 (6) For edible cannabis-infused products, the disclosure of ingredients, possible 19
11501153 allergens, nutritional fact panel, and a standard symbol indicating that the 20
11511154 product contains cannabis. 21
11521155 (7) The batch number and the harvest number from which the cannabis originates. 22
11531156 (8) The name of the qualified patient. 23
11541157 (9) The name of the physician who issued the written certification. 24
11551158 (10) The recommended dose according to the written certification. 25
11561159 (c) All cannabis products purchased in medical cannabis centers shall be placed in 26
11571160 child-resistant exit packaging before leaving the medical cannabis center. 27
11581161 (d) The Department shall adopt rules to do, at a minimum, all of the following: 28
11591162 (1) Establish requirements and procedures for the safe, uniform, appropriate, and 29
11601163 accurate packaging and labeling of cannabis and cannabis-infused products 30
11611164 for human consumption, including prohibiting the use of any images designed 31
11621165 or likely to appeal to minors, including cartoons, toys, animals, or children, 32
11631166 any other likeness to images, characters, or phrases that are popularly used to 33
11641167 advertise to children, or any imitation of candy packaging or labeling. 34
11651168 (2) Establish requirements to ensure that cannabis and cannabis-infused products 35
11661169 for human consumption are designed, marketed, and packaged in a manner 36
11671170 that is appropriate for a medicinal product and that does not resemble 37
11681171 commercially sold candies or other food that is typically marketed to children. 38
11691172 (3) Establish restrictions on the forms and appearance of edible cannabis-infused 39
11701173 products in order to reduce their appeal to minors, including prohibiting edible 40
11711174 cannabis products in the shapes of cartoons, toys, animals, or people. 41
11721175 "§ 90-113.133. Disposal of cannabis. 42
11731176 (a) All production center cannabis by-product, cannabis scrap, and harvested cannabis 43
11741177 not intended for distribution to a medical cannabis center or independent testing laboratory shall 44
11751178 be destroyed and disposed of in accordance with Department rules. Documentation of destruction 45
11761179 and disposal shall be retained by the production center for a period of not less than one year. The 46
11771180 production center shall maintain a record of the date of destruction and the amount destroyed. 47
11781181 (b) A medical cannabis center shall destroy all cannabis and cannabis-infused products 48
11791182 that are not sold to registry identification cardholders in accordance with Department rules. The 49
11801183 medical cannabis center shall retain documentation of the destruction and disposal for a period 50 General Assembly Of North Carolina Session 2025
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11821185 of not less than one year. The medical cannabis center shall maintain a record of the date of 1
11831186 destruction and the amount destroyed. 2
11841187 (c) A medical cannabis center shall destroy all unused cannabis products that are returned 3
11851188 to the medical cannabis center by a former qualifying patient who no longer qualifies for the use 4
11861189 of medical cannabis or the former qualifying patient's caregiver. 5
11871190 "§ 90-113.134. North Carolina Cannabis Research Program. 6
11881191 (a) It is the intent of the General Assembly that the North Carolina Collaboratory 7
11891192 undertake objective, scientific research regarding the administration of cannabis or 8
11901193 cannabis-infused products as part of medical treatment. The Collaboratory shall create a program 9
11911194 to be known as the North Carolina Cannabis Research Program. 10
11921195 (b) The research conducted under this section may involve the development of quality 11
11931196 control, purity, and labeling standards for cannabis dispensed through the regulated medical 12
11941197 cannabis supply system; sound advice and recommendations on the best practices for the safe 13
11951198 and efficient cultivation of cannabis; and analysis of genetic and healing properties of the many 14
11961199 varied strains of cannabis to determine which strains may be best suited for a particular condition 15
11971200 or treatment. 16
11981201 (c) Notwithstanding any other provision of State law, and subject to the requirements of 17
11991202 the Commission, the Collaboratory and its academic research partners may possess, transport, 18
12001203 store, test, and dispose of cannabis as necessary to conduct scientific research pursuant to this 19
12011204 section. 20
12021205 "§ 90-113.135. North Carolina Medical Cannabis Program Fund. 21
12031206 There is established within the Department the North Carolina Medical Cannabis Program 22
12041207 Fund to ensure the availability of funds necessary to carry out the Department's responsibilities 23
12051208 under this Article. All monies collected pursuant to this Article shall be deposited into the Fund. 24
12061209 The Fund shall be used for direct and indirect costs associated with the implementation, 25
12071210 administration, and enforcement of this Article. Revenues generated in excess of the amount 26
12081211 needed to implement, administer, and enforce this Article shall be annually distributed to the 27
12091212 State General Fund. 28
12101213 "§ 90-113.136. Self-supporting requirement; use of excess revenue. 29
12111214 (a) Self-Supporting Requirement. – The system revenues from license fees and monthly 30
12121215 gross revenue fees are appropriated to the Commission to fund in the following order of priority: 31
12131216 (1) Costs associated with establishing and operating the regulated medical 32
12141217 cannabis supply system established under G.S. 90-113.119. 33
12151218 (2) The registry system established under G.S. 90-113.115, 90-113.117, and 34
12161219 90-113.120. 35
12171220 (3) The North Carolina Cannabis Research Program established under 36
12181221 G.S. 90-113.134, limited to an amount of funding to be determined by the 37
12191222 Commission. 38
12201223 (b) Use of Excess Revenues. – Any revenues remaining at the end of a fiscal year after 39
12211224 the Commission fully funds the priorities set forth in subsection (a) of this section shall be 40
12221225 transferred at the beginning of the subsequent fiscal year to the General Fund. 41
12231226 "§ 90-113.137. Reserved for future codification purposes. 42
12241227 "§ 90-113.138. Reserved for future codification purposes. 43
12251228 "§ 90-113.139. Reserved for future codification purposes. 44
12261229 "§ 90-113.140. Annual report. 45
12271230 (a) The Department, in consultation with the Commission and the Advisory Board, shall 46
12281231 report annually on the effectiveness of the medical cannabis program operated pursuant to this 47
12291232 Article and recommendations for any changes to the program. The report shall, without 48
12301233 disclosing any identifying information about cardholders, physicians, qualified patients, 49
12311234 designated caregivers, or suppliers, contain the following, at a minimum: 50 General Assembly Of North Carolina Session 2025
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12331236 (1) The number of registry identification card applications submitted, approved, 1
12341237 and renewed. 2
12351238 (2) The number of written certifications provided by physicians and the 3
12361239 percentage distribution by areas of physician specialty. 4
12371240 (3) The number of qualifying patients and designated caregivers served by each 5
12381241 medical cannabis center during the report year. 6
12391242 (4) The nature of the debilitating medical conditions of the qualifying patients and 7
12401243 a breakdown of qualifying patients by age group. 8
12411244 (5) The nature and percentage distribution of delivery methods of cannabis and 9
12421245 cannabis-infused products used and the average daily doses dispensed per 10
12431246 delivery method. 11
12441247 (6) The new debilitating medical conditions added by the Advisory Board, if any. 12
12451248 (7) The number of registry identification cards denied, suspended, or revoked. 13
12461249 (8) The number of physicians providing written certifications for qualifying 14
12471250 patients and the percentage distribution of their areas of specialty. 15
12481251 (9) The number of suppliers, production facilities, and medical cannabis centers 16
12491252 by county. 17
12501253 (b) The report shall be submitted to the Joint Legislative Oversight Committee on Health 18
12511254 and Human Services and to the Joint Legislative Oversight Committee on Justice and Public 19
12521255 Safety by October 1 of each year, beginning in the first year in which cannabis or 20
12531256 cannabis-infused products are sold in medical cannabis centers. 21
12541257 (c) The Department may develop methodologically valid surveys to be taken by qualified 22
12551258 patients to determine the effects of the use of medical cannabis. The Commission may require 23
12561259 completion of a survey by each patient dispensed medical cannabis in order to assure the 24
12571260 methodological validity of survey results and avoid selection bias. If patient surveys are 25
12581261 conducted, the results shall be reported with no individually identifying information. 26
12591262 "§ 90-113.141. Construction of Article. 27
12601263 This Article shall not be construed to do any of the following: 28
12611264 (1) Allow for a violation of any law other than for conduct in compliance with the 29
12621265 provisions of this Article. 30
12631266 (2) Affect or repeal laws relating to nonmedical use, possession, production, or 31
12641267 sale of cannabis. 32
12651268 (3) Authorize the use of cannabis by anyone other than a qualified patient. 33
12661269 (4) Permit the operation of any vehicle, aircraft, train, or boat while under the 34
12671270 influence of cannabis. 35
12681271 (5) Require the violation of federal law or purport to give immunity under federal 36
12691272 law. 37
12701273 (6) Require any accommodation of any on-site medical use of cannabis in any 38
12711274 correctional institution or detention facility or place of education or 39
12721275 employment, or of smoking or vaping cannabis in any public place. 40
12731276 (7) Require a health insurance provider, health care plan, property and casualty 41
12741277 insurer, or medical assistance program to be liable for or reimburse a claim 42
12751278 for the medical use of cannabis. Consultations in which physicians diagnose 43
12761279 debilitating medical conditions and complete written certifications shall be 44
12771280 reimbursed consistent with any other visit to a health care facility. 45
12781281 (8) Affect or repeal laws relating to negligence or professional malpractice on the 46
12791282 part of a qualified patient, designated caregiver, physician, supplier, or 47
12801283 supplier's agents or employees. 48
12811284 (9) Impair the ability of any party to prohibit or limit smoking or vaping of 49
12821285 cannabis on his or her private property. 50 General Assembly Of North Carolina Session 2025
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12841287 (10) Impair the ability of a community association to prohibit or limit smoking or 1
12851288 vaping of cannabis in a common area through the community association's 2
12861289 declaration or bylaws. 3
12871290 "§ 90-113.142. Severability. 4
12881291 The provisions of this Article are severable. If any provision of this Article is held invalid by 5
12891292 a court of competent jurisdiction, the invalidity shall not affect other provisions of this Article 6
12901293 which can be given effect without the invalid provision." 7
12911294 SECTION 2.(a) The initial appointments made to the Compassionate Use Advisory 8
12921295 Board under G.S. 90-113.113 shall be made not later than 45 days after the effective date of this 9
12931296 act. In order to allow for the staggering of terms, the initial term for each member appointed 10
12941297 pursuant to G.S. 90-113.113(a)(1)a. and (a)(1)c. shall be four years; for each member appointed 11
12951298 pursuant to G.S. 90-113.113(a)(1)b., (a)(1)d., and (a)(1)e., the initial term shall be three years; 12
12961299 for each member appointed pursuant to G.S. 90-113.113(a)(1)f. and (a)(1)g., the initial term shall 13
12971300 be two years; and the initial term for members appointed pursuant to G.S. 90-113.113(a)(2) and 14
12981301 (a)(3) shall be one year. Subsequent appointments shall be for the full four-year term in 15
12991302 accordance with G.S. 90-113.113(b). 16
13001303 SECTION 2.(b) The initial appointments made to the Medical Cannabis Production 17
13011304 Commission under G.S. 90-113.118 shall be made not later than 45 days after the effective date 18
13021305 of this act, and the Commission must hold their first meeting not later than 60 days after the 19
13031306 effective date of this act. Within 270 days of the first meeting, the Commission must adopt rules, 20
13041307 as required by G.S. 90-113.118(k), and establish the medical cannabis supply system, as required 21
13051308 by G.S. 90-113.119. In order to provide for the staggering of terms, the initial term for each 22
13061309 member appointed under G.S. 90-113.118(a)(1)a. and (a)(7) shall be one year. The initial term 23
13071310 for members appointed pursuant to G.S. 90-113.118(a)(8) through (a)(9) shall be two years. The 24
13081311 initial term for members appointed pursuant to G.S. 90-113.118(a)(1)b. shall be three years. The 25
13091312 initial term for members appointed pursuant to G.S. 90-113.118(a)(5) through (a)(6) shall be four 26
13101313 years. Subsequent appointments shall be for the full four-year term in accordance with 27
13111314 G.S. 90-113.118(b). 28
13121315 SECTION 2.(c) Within 270 days of the effective date of this act, the Department of 29
13131316 Health and Human Services must adopt rules as required by G.S. 90-113.115(h). 30
13141317 SECTION 3. G.S. 105-164.13 reads as rewritten: 31
13151318 "§ 105-164.13. Retail sales and use tax. 32
13161319 The sale at retail and the use, storage, or consumption in this State of the following items are 33
13171320 specifically exempted from the tax imposed by this Article: 34
13181321 … 35
13191322 (13e) Cannabis or cannabis-infused products sold by a medical cannabis center to a 36
13201323 registry identification cardholder. The terms "cannabis," "cannabis-infused 37
13211324 product," "medical cannabis center," and "registry identification cardholder" 38
13221325 have the same meanings as defined in G.S. 90-113.112. 39
13231326 …." 40
13241327 SECTION 4. G.S. 106-121 reads as rewritten: 41
13251328 "§ 106-121. Definitions and general consideration. 42
13261329 For the purpose of this Article: 43
13271330 … 44
13281331 (6) The term "drug" means all of the following: 45
13291332 a. Articles recognized in the official United States Pharmacopoeia, 46
13301333 official Homeopathic Pharmacopoeia of the United States, or official 47
13311334 National Formulary, or any supplement to any of them; andthem. 48
13321335 b. Articles intended for use in the diagnosis, cure, mitigation, treatment 49
13331336 or prevention of disease in man or other animals; andanimals, except 50
13341337 for cannabis or cannabis-infused products, as defined in 51 General Assembly Of North Carolina Session 2025
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13361339 G.S. 90-113.114, that are manufactured by a production facility or sold 1
13371340 by a medical cannabis center, as defined in G.S. 90-113.112. 2
13381341 c. Articles (other than food) intended to affect the structure or any 3
13391342 function of the body of man or other animals; andanimals. 4
13401343 d. Articles intended for use as a component of any article specified in 5
13411344 paragraphs a, b or c; but does not include devices or their components, 6
13421345 parts, or accessories. 7
13431346 … 8
13441347 (8) The term "food" means all of the following: 9
13451348 a. Articles used for food or drink for man or other animals, except for 10
13461349 cannabis or cannabis-infused products, as defined in G.S. 90-113.112, 11
13471350 that are manufactured by a production facility or sold by a medical 12
13481351 cannabis center, as defined in G.S. 90-113.112. 13
13491352 b. Chewing gum, andgum. 14
13501353 c. Articles used for components of any such article. 15
13511354 …." 16
13521355 SECTION 5.(a) G.S. 15A-974 reads as rewritten: 17
13531356 "§ 15A-974. Exclusion or suppression of unlawfully obtained evidence. 18
13541357 (a) Upon timely motion, evidence must be suppressed if: 19
13551358 (1) Its exclusion is required by the Constitution of the United States or the 20
13561359 Constitution of the State of North Carolina; or 21
13571360 (2) It is obtained as a result of a substantial violation of the provisions of this 22
13581361 Chapter. In determining whether a violation is substantial, the court must 23
13591362 consider all the circumstances, including: 24
13601363 a. The importance of the particular interest violated; 25
13611364 b. The extent of the deviation from lawful conduct; 26
13621365 c. The extent to which the violation was willful; 27
13631366 d. The extent to which exclusion will tend to deter future violations of 28
13641367 this Chapter. 29
13651368 Evidence shall not be suppressed under this subdivision if the person 30
13661369 committing the violation of the provision or provisions under this Chapter 31
13671370 acted under the objectively reasonable, good faith belief that the actions were 32
13681371 lawful. 33
13691372 (a1) If evidence was obtained as the result of a search that was supported by probable 34
13701373 cause at the time of the search, no evidence obtained as a result of that search shall be suppressed 35
13711374 solely on the basis of either of the following: 36
13721375 (1) A subsequent determination that a substance believed to be a controlled 37
13731376 substance at the time of the search was not a controlled substance. 38
13741377 (2) A subsequent determination that the presence of a controlled substance at the 39
13751378 time of the search was not a violation of law. 40
13761379 (b) The court, in making a determination whether or not evidence shall be suppressed 41
13771380 under this section, shall make findings of fact and conclusions of law which shall be included in 42
13781381 the record, pursuant to G.S. 15A-977(f)." 43
13791382 SECTION 5.(b) This section becomes effective December 1, 2023, and applies to 44
13801383 motions filed on or after that date. 45
13811384 SECTION 6. G.S. 90-87(16) reads as rewritten: 46
13821385 "(16) "Marijuana" means all parts of the plant of the genus Cannabis, whether 47
13831386 growing or not; the seeds thereof; the resin extracted from any part of such 48
13841387 plant; and every compound, manufacture, salt, derivative, mixture, or 49
13851388 preparation of such plant, its seeds or resin, but shall not include the mature 50
13861389 stalks of such plant, fiber produced from such stalks, oil, or cake made from 51 General Assembly Of North Carolina Session 2025
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13881391 the seeds of such plant, any other compound, manufacture, salt, derivative, 1
13891392 mixture, or preparation of such mature stalks (except the resin extracted 2
13901393 therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is 3
13911394 incapable of germination. The term does not include hemp the following: 4
13921395 a. Hemp or hemp products. 5
13931396 b. An adequate supply, as defined in G.S. 90-113.112, of cannabis for 6
13941397 medical use in compliance with Article 5H of Chapter 90 of the 7
13951398 General Statutes." 8
13961399 SECTION 7. G.S. 90-94(a) reads as rewritten: 9
13971400 "§ 90-94. Schedule VI controlled substances. 10
13981401 (a) This schedule includes the controlled substances listed or to be listed by whatever 11
13991402 official name, common or usual name, chemical name, or trade name designated. In determining 12
14001403 that such substance comes within this schedule, notwithstanding Article 5H of this Chapter, the 13
14011404 Commission shall find: no currently accepted medical use in the United States, or a relatively 14
14021405 low potential for abuse in terms of risk to public health and potential to produce psychic or 15
14031406 physiological dependence liability based upon present medical knowledge, or a need for further 16
14041407 and continuing study to develop scientific evidence of its pharmacological effects." 17
14051408 SECTION 8. Except as otherwise provided, this act is effective when it becomes law 18
14061409 and applies to acts committed on or after that date. 19