A History of Marijuana Law Reform in NC, Part II - 2001 to Present

2001 – 2002 Session

House Bill 1240, Medical Use of Marijuana/Study, sponsored by Democrat Paul Luebke – proposed a Legislative Research Commission to study the lawful possession, cultivation, and use of marijuana for the purpose of treating or alleviating pain or other symptoms associated with certain debilitating medical conditions. Referred to Rules Committee and postponed indefinitely. http://ncleg.net/Sessions/2001/Bills/House/HTML/H1240v1.html

2003 – 2004 Session

House Joint Resolution 1038, Study Marijuana Use, sponsored by Democrat Paul Luebke – proposed a Legislative Research Commission to study the lawful possession, cultivation, and use of marijuana for the purpose of treating or alleviating pain or other symptoms associated with certain debilitating medical conditions. Referred to Rules Committee. http://ncleg.net/Sessions/2003/Bills/House/HTML/H1038v1.html

2005 – 2006 Session

Senate Bill 1572, Study Beneficial Uses of Industrial Hemp, sponsored by Republican Stan Bingham and Democrat Eleanor Kinnaird – proposed a Study Commission to study the many beneficial industrial uses of industrial hemp, including the use of industrial hemp oil as an alternative fuel and the use of industrial hemp fiber in construction and paper products; to study the economic opportunities industrial hemp provides to the State; and to consider the desirability and feasibility of authorizing industrial hemp cultivation and production as a farm product in North Carolina. Although this was incorporated into Session Law 2006-248 “The Studies Act of 2006” the commission was never formed. http://ncleg.net/Sessions/2005/Bills/Senate/HTML/S1572v1.html

2007 – 2008 Session

House Joint Resolution 2405, LRC Study/Alternative Medicines, sponsored by Democrats Earl Jones, Walter Church, and Mary Price Harrison – proposed a Legislative Research Commission to study whether a public benefit would be derived from making it lawful for physicians to prescribe and patients to possess and use marijuana or its chemical equivalent for medicinal purposes only. Referred to Health Committee. http://ncleg.net/Sessions/2007/Bills/House/HTML/H2405v1.html
2009 – 2010 Session

House Bill 1380, Medical Marijuana Act, sponsored/cosponsored by Democrats Earl Jones, Mary Price Harrison, Nick Mackey, Kelly M. Alexander, Jr., and Susan Fisher – proposed to make only those changes to existing North Carolina laws that are necessary to protect patients and their doctors from criminal and civil penalties and is not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes. Referred to Health Committee. http://ncleg.net/Sessions/2009/Bills/House/HTML/H1380v1.html

House Bill 1383, Medical Marijuana Act/Referendum, sponsored by Democrat Earl Jones – proposed that the question of whether North Carolina should enact a Medical Marijuana Act allowing the possession and use of Marijuana for medical purposes only shall be submitted to the qualified voters of the State at a statewide election on the question held on November 3, 2009. http://ncleg.net/Sessions/2009/Bills/House/HTML/H1383v1.html

2011 – 2012 Session

House Bill 324, Amend Possession of Marijuana, sponsored by Democrats Kelly M. Alexander, Jr. and Larry Hall – proposed that possession of less than one ounce be treated as an infraction rather than a misdemeanor, and for “…person who was convicted of a Class 3 misdemeanor under G.S. 90-95(d)(4) for possession of marijuana before December 1, 2011, and who has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state may, in the court where the person was convicted, file a petition for expunction of the offense from the person's criminal record. The petition cannot be filed earlier than (i) two years after the date of the conviction or (ii) the completion of any period of probation, whichever occurs later.” Referred to Rules Committee. http://ncleg.net/Sessions/2011/Bills/House/HTML/H324v1.html

House Bill 577, Medical Cannabis Act, sponsored/co-sponsored by Democrats Kelly M. Alexander, Jr., Patsy Keever, Mary Price Harrison, Susan Fisher, and Paul Luebke, and Republican Glen Bradley – proposed to make only those changes to existing North Carolina laws that are necessary to protect patients and their doctors from criminal and civil penalties and is not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes. Referred to Rules Committee. http://ncleg.net/Sessions/2011/Bills/House/HTML/H577v1.html

2013 – 2014 Session

House Bill 84, Enact Medical Cannabis Act sponsored/cosponsored by Democrats Kelly M. Alexander, Jr., Mary Price Harrison, Kenneth Brandon, and Paul Luebke – proposed to make only those changes to existing North Carolina laws that are necessary to protect patients and their doctors from criminal and civil penalties and is not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes. Referred to Rules Committee, which voted to terminate further discussion of the bill on 2/20/13. http://ncleg.net/Sessions/2013/Bills/House/HTML/H84v1.html

House Bill 637, Expunction of Marijuana Offense, sponsored/cosponsored by Democrats Kelly M. Alexander, Jr., Nathan Baskerville, Kenneth Brandon, Carla Cunningham, Beverly Earle, Susan Fisher, Susan Hamilton, Mary Price Harrison, Yvonne Lewis Holley, Annie Ward Mobley, Rodney W. Moore, and Bobbie Richardson – proposed that possession of less than one ounce be treated as an infraction rather than a misdemeanor, and for “…person who was convicted of a Class 3 misdemeanor under G.S. 90-95(d)(4) for possession of marijuana before December 1, 2013, and who has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state may, in the court where the person was convicted, file a petition for expunction of the offense from the person's criminal record. The petition cannot be filed earlier than (i) two years after the date of the conviction or (ii) the completion of any period of probation, whichever occurs later.” Referred to Judiciary Subcommittee B. http://ncleg.net/Sessions/2013/Bills/House/HTML/H637v1.html

House Bill 1161, Legalize Medical Marijuana/Const. Amendment, sponsored/cosponsored by Kelly M. Alexander, Jr., Carla Cunningham, Susan Hamilton, Mary Price Harrison, and Annie Ward Mobley – proposed that a constitutional amendment making medical use of marijuana legal shall be submitted to the qualified voters of the State at a statewide election on the question held on November 4, 2014. Referred to Judiciary Committee. http://ncleg.net/Sessions/2013/Bills/House/HTML/H1161v1.html

House Bill 1220, Hope 4 Hayley and Friends, sponsored by Republicans Patricia McElraft, Marilyn Avila, Jim Fulghum and Democrat Becky Carney with numerous bi-partisan co-supporters – proposed a pilot study program and registry to investigate the safety and efficacy of hemp extract in the treatment of intractable epilepsy. Neurologists at UNC-Chapel Hill, East Carolina University, Wake Forest University and Duke University were encouraged to conduct studies and provide hemp extract of less than 0.3% THC by weight and least 10% cannabidiol by weight to patients with intractable epilepsy who enrolled in those studies. The Department of Health and Human Services was required to set up a registry of patients, caregivers and neurologists. The bill easily passed through the House and Senate and was signed into law (SL 2014-53) by Governor McCrory. http://ncleg.net/Sessions/2013/Bills/House/HTML/H1220v7.html

2015 – 2016 Session

House Bill 78, Enact Medical Cannabis Act, sponsored/cosponsored by Democrats Kelly M. Alexander, Jr., Becky Carney, Mary Price Harrison, Carla Cunningham, John Ager, Jean Farmer-Butterfield, Susan Fisher, George Graham, Susi Hamilton, Yvonne Lewis Holley, Howard J. Hunter III, Paul Luebke, Rodney Moore, Garland Pierce, and Evelyn Terry - proposed to make only those changes to existing North Carolina laws that are necessary to protect patients and their doctors from criminal and civil penalties and is not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes. Referred to Rules Committee, which voted to terminate further discussion of the bill on 3/25/15. http://ncleg.net/Sessions/2015/Bills/House/PDF/H78v1.pdf

House Bill 317, Medical Marijuana for Terminally Ill Patients, sponsored/cosponsored by Democrats Kelly M. Alexander, Jr., Becky Carney, Mary Price Harrison, Carla Cunningham, John Ager, Nathan Baskerville, Beverley Earle, Susan Fisher, George Graham, Susi Hamilton, Yvonne Lewis Holley, Howard J. Hunter III, Paul Luebke, Rodney Moore, Garland Pierce, and Evelyn Terry – proposed an exemption for terminally ill patients in hospice care. Referred to Judiciary I Committee. (Note: Not heard by the Committee during the long session.) http://www.ncga.state.nc.us/Sessions/2015/Bills/House/HTML/H317v1.html

House Bill 766, Amend CBD Oil Statute, sponsored/cosponsored by Republicans Patricia McElraft, Marilyn Avila, Brian Brown, Harry Warren, and Larry Yarborough, Democrats Kelly M. Alexander, Jr., Susi Hamilton, Mary Price Harrison, Yvonne Lewis Holley, Rodney Moore, Michael Wray, and unaffiliated Paul Tine – proposed that board certified neurologists may recommend hemp extract containing less than 0.9% THC by weight and at least 5% cannabidiol by weight to patients with intractable epilepsy without enrolling in pilot studies, and that DHHS set up a database of patients, caregivers and neurologists rather than a registry. Passed both House and Senate and was signed into law (SL2015-154) by Governor McCrory. http://www.ncga.state.nc.us/Sessions/2015/Bills/House/PDF/H766v6.pdf

Senate Bill 313, Industrial Hemp, sponsored/cosponsored by Republicans Stan Bingham and Ralph Hise and Democrat Joyce Waddell – proposed that it is in the best interest of the citizens of North Carolina to promote and encourage the development of an industrial hemp industry in the State in order to expand employment, promote economic activity, and provide opportunities to small farmers for an environmentally sustainable and profitable use of crop lands that might otherwise be lost to agricultural production. The purposes of this Article are to establish an agricultural pilot program for the cultivation of industrial hemp in the State, to provide for reporting on the program by growers and processors for agricultural or other research, and to pursue any federal permits or waivers necessary to allow industrial hemp to be grown in the State. Ratified and sent to Governor McCrory for signature on 9/30/15. Became SL 2015-299 on 10/31/2015 without McCrory’s signature. http://www.ncga.state.nc.us/Sessions/2015/Bills/Senate/HTML/S313v4.html

House Bill 983, Legalize and Tax Medical Marijuana, sponsored by Democrats Kelly M. Alexander, Jr., Pricey Harrison, John Ager, Carla Cunningham, Beverley M. Earle, Susan C. Fisher, Susi H. Hamilton, Yvonne Lewis Holley, Howard J. Hunter III, Paul Luebke and Republican George F. Murphy, MD – proposed an exemption for use of marijuana or tetrahydrocannabinols by patients with terminal or chronic illnesses. Referred to the Health Committee. (Note: Not heard by the Committee during the short session.) http://ncleg.net/Sessions/2015/Bills/House/PDF/H983v0.pdf

House Bill 992, Amend Industrial Hemp Definition, sponsored/cosponsored by Republicans Mark Brody, Jimmy Dixon, James H. Langdon, Jr., Bob Steinburg, George G. Cleveland, John Faircloth, Phil Shepard and Democrats Susan C. Fisher, Elmer Floyd, Pricey Harrison, and Brian Turner. Modified the language in SL 2015-299, increased the number of members on the Commission from 5 to 9 and proposed that the Commission will issue licenses for “research” purposes and that “research purposes include the growth, cultivation, and marketing of industrial hemp.” Introduced in the Senate as Senate Bill 771, sponsored/cosponsored by Republicans Brent Jackson, Bill Cook, Trudy Wade, Tom McInnis, and Ronald J. Rabin. Ratified by House and Senate on 7/1/16 and sent to Governor McCrory on 7/2/16 for signature; signed by Governor McCrory on 7/11/2016. http://www.ncleg.net/Sessions/2015/Bills/House/HTML/H992v6.html

2017-2018 Session

House Bill 185, Legalize Medical Marijuana, sponsored/cosponsored by Democrats Kelly M. Alexander, Jr., Becky Carney, Pricey Harrison, Rodney Moore, John Ager, John Autry, Mary Belk, Deb Butler, Carla Cunningham, Susan C. Fisher, Edward Hanes, Jr., Yvonne Lewis Holley, Howard J. Hunter III, Philip A. Lehman, and Brian Turner. Proposed a constitutional amendment allowing the voters to decide whether to legalize the medical use and cultivation of cannabis for individuals with debilitating medical conditions verified by a physician licensed to practice medicine in North Carolina. If the constitutional amendment is approved by the voters, this act becomes effective 7 December 1, 2018, and applies to acts committed on and after that date. Referred to House Rules Committee. The bill was not discussed in committee. http://www.ncleg.net/Sessions/2017/Bills/House/PDF/H185v1.pdf

Senate Bill 124, LEO Managed CBD Oil Drop Box, sponsored by Democrat Don Davis and Republican Ralph, co-sponsored by Republican Ronald J. Rabin and Democrat Joyce Waddell. Proposed that individuals who possess CBD oil lawfully may dispose of residual oil at a secure collection box operated by a law enforcement agency. Referred to Agriculture/Environment/Natural Resources, then to Senate Rules and Operations, both reported favorably. Passed second and third readings in the Senate, referred to the House. http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2017&BillID=S124

Senate Bill 452, Expand Allowable Uses of CBD Oil, sponsored by Democrat Floyd B. McKissick, Jr. and Republican Tommy Tucker, cosponsored by Democrats Angela R. Bryant, Erica Smith-Ingram, and Terry Van Duyn. Proposed that patients with intractable epilepsy, autism, multiple sclerosis, Crohn's disease and mitochondrial disease could legally use CBD oil under the direction of their neurologist or physician. Referred to Senate Rules Committee on 3/29/17; withdrawn from committee on Rules and re-referred to Health Care, to be re-referred to Rules if given a favorable report in Health. http://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S452v1.pdf

Senate Bill 579, The Catherine A. Zanga Medical Marijuana Bill, sponsored/cosponsored by Democrats Joel D. M. Ford and Erica Smith-Ingram, the bill is very similar to HB 185, but did not propose a constitutional amendment. Referred to Senate Rules Committee. The bill was not discussed in committee. http://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S579v1.pdf

Senate Bill 648, Legalize Medical Marijuana, sponsored/cosponsored by Democrats Terry Van Duyn, Valerie P. Foushee, Erica Smith-Ingram and Joyce Waddell, the bill was considered a companion bill to HB 185, although it did not propose a constitutional amendment. Referred to Senate Rules Committee. The bill was not discussed in committee. http://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S648v1.pdf

This was previously published on www.charlottenorml.org

Tags: