North Carolina 2025-2026 Regular Session

North Carolina House Bill H984 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 984
3+H D
4+HOUSE BILL DRH10361-NL-72B
5+
56
67
78 Short Title: Regulate Research of Medical Cannabis. (Public)
8-Sponsors: Representatives Belk, Reives, Cervania, and Greenfield (Primary Sponsors).
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 14, 2025
12-*H984 -v-1*
9+Sponsors: Representative Belk.
10+Referred to:
11+
12+*DRH10361 -NL-72B*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT PERMITTING CANNABIS MEDICAL RESEARCH STUDIES. 2
1515 The General Assembly of North Carolina enacts: 3
1616 SECTION 1. G.S. 90-94.1 reads as rewritten: 4
1717 "§ 90-94.1. Exemption for use or possession of hemp extract.cannabis. 5
1818 (a) As used in this section, "hemp extract" means an extract from a cannabis plant, or a 6
1919 mixture or preparation containing cannabis plant material, that has all of the following 7
2020 characteristics: 8
2121 (1) Is composed of less than nine-tenths of one percent (0.9%) 9
2222 tetrahydrocannabinol by weight. 10
2323 (2) Is composed of at least five percent (5%) cannabidiol by weight. 11
2424 (3) Contains no other psychoactive substance. 12
2525 (a1) As used in this section, "cannabis" has the same meaning as "marijuana" in 13
2626 G.S. 90-87. 14
2727 (b) Notwithstanding any other provision of this Chapter, an individual may possess or 15
2828 use hemp extract, cannabis and is not subject to the penalties described in this Chapter, if the 16
2929 individual satisfies all of the following criteria: 17
3030 (1) Possesses or uses the hemp extract only to treat intractable epilepsy, as defined 18
3131 in G.S. 90-113.101.cannabis as a participant in a registered research study, as 19
3232 defined in G.S. 90-113.161, if the quantity of usable cannabis possessed does 20
3333 not exceed an adequate supply, as determined by the institution conducting 21
3434 the research study. 22
3535 (2) Possesses, in close proximity to the hemp extract, a certificate of analysis that 23
3636 indicates the hemp extract's ingredients, including its percentages of 24
3737 tetrahydrocannabinol and cannabidiol by weight.cannabis, a written 25
3838 certification, as defined in G.S. 90-113.161. 26
3939 (3) Is a caregiver, as defined in G.S. 90-113.101.G.S. 90-113.161. 27
4040 (c) Notwithstanding any other provision of this Chapter, an individual who possesses 28
4141 hemp extract cannabis lawfully under this section may administer hemp extract cannabis to 29
4242 another person under the individual's care and is not subject to the penalties described in this 30
4343 Chapter for administering the hemp extract cannabis to the person if the individual is the person's 31
4444 caregiver, as defined in G.S. 90-113.101.G.S. 90-113.161. 32
4545 (d) Any individual who possesses or uses hemp extract, cannabis, as defined under this 33
46-section, shall dispose of all residual oil from the extract any unused portions at a secure collection 34 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 984-First Edition
48-box managed by a law enforcement agency. No criminal penalty shall attach for any violation of 1
49-this subsection." 2
50-SECTION 2. Chapter 90 of the General Statutes is amended by adding a new Article 3
51-to read: 4
52-"Article 5I. 5
53-"Cannabis Treatment Research Act. 6
54-"§ 90-113.160. Short title. 7
55-(a) This act may be cited as the "North Carolina Cannabis Treatment Research Act." 8
56-(b) The purpose of this act is to regulate the research of cannabis as a treatment for 9
57-medical conditions. 10
58-"§ 90-113.161. Definitions. 11
59-The following definitions apply in this Article: 12
60-(1) Cannabis. – Has the same meaning as "marijuana" in G.S. 90-87 and refers to 13
61-quantities of 1.5 ounces or less. 14
62-(2) Caregiver. – An individual that is at least 18 years of age and a resident of 15
63-North Carolina who is a parent, legal guardian, or custodian of a patient and 16
64-is registered with the Department of Health and Human Services under 17
65-G.S. 90-113.162 who possesses a written statement dated and signed by a 18
66-physician that states all of the following: 19
67-a. The patient has been examined and is under the care of the physician. 20
68-b. The patient is participating in a registered cannabis research study. 21
69-(3) Database. – The Cannabis Treatment Research database, established by the 22
70-Department of Health and Human Services pursuant to this Article. 23
71-(4) Department. – The Department of Health and Human Services. 24
72-(5) Patient. – A person who has been diagnosed by a physician with one or more 25
73-medical conditions. 26
74-(6) Physician. – A person licensed under Article 1 of Chapter 90 of the General 27
75-Statutes who is in good standing to practice medicine in this State. 28
76-(7) Registered research study. – A study conducted by a research institution and 29
77-registered in the database. 30
78-(8) Research institution. – A hospital, university, laboratory, pharmaceutical 31
79-manufacturer, or private medical research corporation that has registered with 32
80-the Department to conduct cannabis research. 33
81-(9) Written certification. – A statement in a patient's medical records or a 34
82-statement signed by a physician with whom the patient has a bona fide 35
83-physician-patient relationship indicating that, in the physician's professional 36
84-opinion, the patient has a medical condition and the potential health benefits 37
85-of the medical use of cannabis would likely outweigh the health risks for the 38
86-patient. 39
87-"§ 90-113.162. Cannabis Treatment Research database; departmental duties. 40
88-(a) The Department shall create a secure and electronic Cannabis Treatment Research 41
89-database registry for the registration of research institutions, physicians, caregivers, and patients 42
90-as provided by this Article. All caregivers shall be required to register with the Department. Law 43
91-enforcement agencies are authorized to contact the Department to confirm a caregiver's 44
92-registration. The database shall consist of the following information to be provided by the 45
93-caregivers at the time of registration: 46
94-(1) The name and address of the caregiver. 47
95-(2) The name and address of the caregiver's patient. 48
96-(3) The name, address, and contact information for the institution conducting the 49
97-cannabis research study. 50 General Assembly Of North Carolina Session 2025
98-House Bill 984-First Edition Page 3
99-(b) It is the responsibility of the institution conducting the research study to update the 1
100-Department if caregiver or patient contact information changes. 2
101-"§ 90-113.163. Immunity for institutions; confidentiality. 3
102-(a) On a case-by-case basis, research institutions may approve of dispensation to a 4
103-registered caregiver, as approved by this Article, cannabis acquired from another jurisdiction. 5
104-(b) Research institutions who approve of dispensation of cannabis to a registered 6
105-caregiver, as approved by this Article, shall inform the registered caregiver of the requirement 7
106-that disposal must be done at a secure collection box pursuant to G.S. 90-94.1. 8
107-(c) Research institutions and their employees shall not be subject to arrest or prosecution, 9
108-penalized or disciplined in any manner, or denied any right or privilege for researching the use 10
109-of cannabis or providing a written certification for the use of cannabis pursuant to this Article. 11
110-(d) The identities of the caregivers, patients, and research institutions reported to the 12
111-Department pursuant to this Article are confidential and are not matters of public record. 13
112-However, this information may be provided to law enforcement agencies pursuant to 14
113-G.S. 90-113.162. 15
114-"§ 90-113.164. North Carolina Cannabis Research Program. 16
115-(a) It is the intent of the General Assembly that any physician who issues a written 17
116-certification to a patient be permitted to participate in objective scientific research with persons 18
117-registered under G.S. 90-113.162 regarding the administration of cannabis as part of medical 19
118-treatment. 20
119-(b) The scientific research conducted under this Article may involve the development of 21
120-quality control, purity, and labeling standards for cannabis; sound advice and recommendations 22
121-on the best practices for the safe and efficient medical use of cannabis; and analysis of genetic 23
122-and healing properties of the many varied strains of cannabis to determine which strains may be 24
123-best suited for a particular medical condition or treatment. 25
124-(c) A research institution, physician, or person registered to conduct research under 26
125-G.S. 90-113.162 shall not be subject to arrest or prosecution, or penalized in any manner, or 27
126-denied any right or privilege for researching the use of cannabis or providing written certification 28
127-for the use of cannabis pursuant to this section." 29
128-SECTION 3. The provisions of this act are severable. If any provision of this act is 30
129-held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions 31
130-of this act which can be given effect without the invalid provision. 32
131-SECTION 4. This act becomes effective July 1, 2025, and applies to offenses 33
132-committed on or after that date. 34
46+section, shall dispose of all residual oil from the extract any unused portions at a secure collection 34
47+box managed by a law enforcement agency. No criminal penalty shall attach for any violation of 35
48+this subsection." 36
49+H.B. 984
50+Apr 10, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10361-NL-72B
53+SECTION 2. Chapter 90 of the General Statutes is amended by adding a new Article 1
54+to read: 2
55+"Article 5I. 3
56+"Cannabis Treatment Research Act. 4
57+"§ 90-113.160. Short title. 5
58+(a) This act may be cited as the "North Carolina Cannabis Treatment Research Act." 6
59+(b) The purpose of this act is to regulate the research of cannabis as a treatment for 7
60+medical conditions. 8
61+"§ 90-113.161. Definitions. 9
62+The following definitions apply in this Article: 10
63+(1) Cannabis. – Has the same meaning as "marijuana" in G.S. 90-87 and refers to 11
64+quantities of 1.5 ounces or less. 12
65+(2) Caregiver. – An individual that is at least 18 years of age and a resident of 13
66+North Carolina who is a parent, legal guardian, or custodian of a patient and 14
67+is registered with the Department of Health and Human Services under 15
68+G.S. 90-113.162 who possesses a written statement dated and signed by a 16
69+physician that states all of the following: 17
70+a. The patient has been examined and is under the care of the physician. 18
71+b. The patient is participating in a registered cannabis research study. 19
72+(3) Database. – The Cannabis Treatment Research database, established by the 20
73+Department of Health and Human Services pursuant to this Article. 21
74+(4) Department. – The Department of Health and Human Services. 22
75+(5) Patient. – A person who has been diagnosed by a physician with one or more 23
76+medical conditions. 24
77+(6) Physician. – A person licensed under Article 1 of Chapter 90 of the General 25
78+Statutes who is in good standing to practice medicine in this State. 26
79+(7) Registered research study. – A study conducted by a research institution and 27
80+registered in the database. 28
81+(8) Research institution. – A hospital, university, laboratory, pharmaceutical 29
82+manufacturer, or private medical research corporation that has registered with 30
83+the Department to conduct cannabis research. 31
84+(9) Written certification. – A statement in a patient's medical records or a 32
85+statement signed by a physician with whom the patient has a bona fide 33
86+physician-patient relationship indicating that, in the physician's professional 34
87+opinion, the patient has a medical condition and the potential health benefits 35
88+of the medical use of cannabis would likely outweigh the health risks for the 36
89+patient. 37
90+"§ 90-113.162. Cannabis Treatment Research database; departmental duties. 38
91+(a) The Department shall create a secure and electronic Cannabis Treatment Research 39
92+database registry for the registration of research institutions, physicians, caregivers, and patients 40
93+as provided by this Article. All caregivers shall be required to register with the Department. Law 41
94+enforcement agencies are authorized to contact the Department to confirm a caregiver's 42
95+registration. The database shall consist of the following information to be provided by the 43
96+caregivers at the time of registration: 44
97+(1) The name and address of the caregiver. 45
98+(2) The name and address of the caregiver's patient. 46
99+(3) The name, address, and contact information for the institution conducting the 47
100+cannabis research study. 48
101+(b) It is the responsibility of the institution conducting the research study to update the 49
102+Department if caregiver or patient contact information changes. 50
103+"§ 90-113.163. Immunity for institutions; confidentiality. 51 General Assembly Of North Carolina Session 2025
104+DRH10361-NL-72B Page 3
105+(a) On a case-by-case basis, research institutions may approve of dispensation to a 1
106+registered caregiver, as approved by this Article, cannabis acquired from another jurisdiction. 2
107+(b) Research institutions who approve of dispensation of cannabis to a registered 3
108+caregiver, as approved by this Article, shall inform the registered caregiver of the requirement 4
109+that disposal must be done at a secure collection box pursuant to G.S. 90-94.1. 5
110+(c) Research institutions and their employees shall not be subject to arrest or prosecution, 6
111+penalized or disciplined in any manner, or denied any right or privilege for researching the use 7
112+of cannabis or providing a written certification for the use of cannabis pursuant to this Article. 8
113+(d) The identities of the caregivers, patients, and research institutions reported to the 9
114+Department pursuant to this Article are confidential and are not matters of public record. 10
115+However, this information may be provided to law enforcement agencies pursuant to 11
116+G.S. 90-113.162. 12
117+"§ 90-113.164. North Carolina Cannabis Research Program. 13
118+(a) It is the intent of the General Assembly that any physician who issues a written 14
119+certification to a patient be permitted to participate in objective scientific research with persons 15
120+registered under G.S. 90-113.162 regarding the administration of cannabis as part of medical 16
121+treatment. 17
122+(b) The scientific research conducted under this Article may involve the development of 18
123+quality control, purity, and labeling standards for cannabis; sound advice and recommendations 19
124+on the best practices for the safe and efficient medical use of cannabis; and analysis of genetic 20
125+and healing properties of the many varied strains of cannabis to determine which strains may be 21
126+best suited for a particular medical condition or treatment. 22
127+(c) A research institution, physician, or person registered to conduct research under 23
128+G.S. 90-113.162 shall not be subject to arrest or prosecution, or penalized in any manner, or 24
129+denied any right or privilege for researching the use of cannabis or providing written certification 25
130+for the use of cannabis pursuant to this section." 26
131+SECTION 3. The provisions of this act are severable. If any provision of this act is 27
132+held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions 28
133+of this act which can be given effect without the invalid provision. 29
134+SECTION 4. This act becomes effective July 1, 2025, and applies to offenses 30
135+committed on or after that date. 31