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 |
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47 | | - | Page 2 House Bill 984-First Edition |
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48 | | - | box managed by a law enforcement agency. No criminal penalty shall attach for any violation of 1 |
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49 | | - | this subsection." 2 |
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50 | | - | SECTION 2. Chapter 90 of the General Statutes is amended by adding a new Article 3 |
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51 | | - | to read: 4 |
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52 | | - | "Article 5I. 5 |
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53 | | - | "Cannabis Treatment Research Act. 6 |
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54 | | - | "§ 90-113.160. Short title. 7 |
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55 | | - | (a) This act may be cited as the "North Carolina Cannabis Treatment Research Act." 8 |
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56 | | - | (b) The purpose of this act is to regulate the research of cannabis as a treatment for 9 |
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57 | | - | medical conditions. 10 |
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58 | | - | "§ 90-113.161. Definitions. 11 |
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59 | | - | The following definitions apply in this Article: 12 |
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60 | | - | (1) Cannabis. – Has the same meaning as "marijuana" in G.S. 90-87 and refers to 13 |
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61 | | - | quantities of 1.5 ounces or less. 14 |
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62 | | - | (2) Caregiver. – An individual that is at least 18 years of age and a resident of 15 |
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63 | | - | North Carolina who is a parent, legal guardian, or custodian of a patient and 16 |
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64 | | - | is registered with the Department of Health and Human Services under 17 |
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65 | | - | G.S. 90-113.162 who possesses a written statement dated and signed by a 18 |
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66 | | - | physician that states all of the following: 19 |
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67 | | - | a. The patient has been examined and is under the care of the physician. 20 |
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68 | | - | b. The patient is participating in a registered cannabis research study. 21 |
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69 | | - | (3) Database. – The Cannabis Treatment Research database, established by the 22 |
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70 | | - | Department of Health and Human Services pursuant to this Article. 23 |
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71 | | - | (4) Department. – The Department of Health and Human Services. 24 |
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72 | | - | (5) Patient. – A person who has been diagnosed by a physician with one or more 25 |
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73 | | - | medical conditions. 26 |
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74 | | - | (6) Physician. – A person licensed under Article 1 of Chapter 90 of the General 27 |
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75 | | - | Statutes who is in good standing to practice medicine in this State. 28 |
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76 | | - | (7) Registered research study. – A study conducted by a research institution and 29 |
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77 | | - | registered in the database. 30 |
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78 | | - | (8) Research institution. – A hospital, university, laboratory, pharmaceutical 31 |
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79 | | - | manufacturer, or private medical research corporation that has registered with 32 |
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80 | | - | the Department to conduct cannabis research. 33 |
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81 | | - | (9) Written certification. – A statement in a patient's medical records or a 34 |
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82 | | - | statement signed by a physician with whom the patient has a bona fide 35 |
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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 |
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85 | | - | of the medical use of cannabis would likely outweigh the health risks for the 38 |
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86 | | - | patient. 39 |
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87 | | - | "§ 90-113.162. Cannabis Treatment Research database; departmental duties. 40 |
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88 | | - | (a) The Department shall create a secure and electronic Cannabis Treatment Research 41 |
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89 | | - | database registry for the registration of research institutions, physicians, caregivers, and patients 42 |
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90 | | - | as provided by this Article. All caregivers shall be required to register with the Department. Law 43 |
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91 | | - | enforcement agencies are authorized to contact the Department to confirm a caregiver's 44 |
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92 | | - | registration. The database shall consist of the following information to be provided by the 45 |
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93 | | - | caregivers at the time of registration: 46 |
---|
94 | | - | (1) The name and address of the caregiver. 47 |
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95 | | - | (2) The name and address of the caregiver's patient. 48 |
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96 | | - | (3) The name, address, and contact information for the institution conducting the 49 |
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97 | | - | cannabis research study. 50 General Assembly Of North Carolina Session 2025 |
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98 | | - | House Bill 984-First Edition Page 3 |
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99 | | - | (b) It is the responsibility of the institution conducting the research study to update the 1 |
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100 | | - | Department if caregiver or patient contact information changes. 2 |
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101 | | - | "§ 90-113.163. Immunity for institutions; confidentiality. 3 |
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102 | | - | (a) On a case-by-case basis, research institutions may approve of dispensation to a 4 |
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103 | | - | registered caregiver, as approved by this Article, cannabis acquired from another jurisdiction. 5 |
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104 | | - | (b) Research institutions who approve of dispensation of cannabis to a registered 6 |
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105 | | - | caregiver, as approved by this Article, shall inform the registered caregiver of the requirement 7 |
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106 | | - | that disposal must be done at a secure collection box pursuant to G.S. 90-94.1. 8 |
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107 | | - | (c) Research institutions and their employees shall not be subject to arrest or prosecution, 9 |
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108 | | - | penalized or disciplined in any manner, or denied any right or privilege for researching the use 10 |
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109 | | - | of cannabis or providing a written certification for the use of cannabis pursuant to this Article. 11 |
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110 | | - | (d) The identities of the caregivers, patients, and research institutions reported to the 12 |
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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 |
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113 | | - | G.S. 90-113.162. 15 |
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114 | | - | "§ 90-113.164. North Carolina Cannabis Research Program. 16 |
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115 | | - | (a) It is the intent of the General Assembly that any physician who issues a written 17 |
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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 |
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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 |
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128 | | - | SECTION 3. The provisions of this act are severable. If any provision of this act is 30 |
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129 | | - | held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions 31 |
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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 |
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| 50 | + | Apr 10, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH10361-NL-72B |
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| 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 |
---|