North Carolina Tribe Votes To Legalize Recreational Cannabis

For North Carolina, where both recreational and medical cannabis are both illegal under the state’s law, the outcome clears the way for the Tar Heel State’s first dispensary.

The Associated Press reported that unofficial results of the vote on Thursday showed “that 70% of voters said ‘yes’…in a referendum that opens the door to the western North Carolina reservation being the first location in the state where pot for recreational use can be legally purchased.”

“The question put to a vote by the Eastern Band tribal council asked whether members supported legalizing the possession and use of cannabis by people at least 21 years old, and requiring the council to develop legislation to regulate a market,” according to the Associated Press.

Local news station WLOS said that the matter will now go to the Tribal Council “to pass legislation governing the sale of marijuana,” and that if the council approves, “it would make the reservation the first place in North Carolina where marijuana could be legally possessed and used.”

For the Eastern Band of Cherokee Indians, the vote has been two years in the making. In 2021, the tribe passed an ordinance that decriminalized pot on its land. That same year, the tribe also passed an ordinance legalizing medical cannabis.

“The Council’s approval of a medical marijuana ordinance is a testament to the changing attitudes toward legal marijuana and a recognition of the growing body of evidence that supports cannabis as medicine, particularly for those with debilitating conditions like cancer and chronic pain,” Richard Sneed, the principal chief of the Eastern Band of Cherokee Indians, said following the vote in 2021.

The tribe has been planning to convert an old bingo hall into a “cannabis superstore.” But there have been disputes over the cost of the project.

In May, Sneed wrote in a post on Facebook that he had “vetoed the Tribal Council’s recent approval of the final $64 million for the project because the original proposal said the entire project would be completed for $50 million.”

“The fact that this project’s original cost for an outdoor grow, an indoor grow and an indoor dispensary was $50m, and we are now being told it is $95m, demonstrates that there is an immediate need for a full accounting of the money that has been expended to date,” Sneed wrote at the time.

The Charlotte Observer reported then: “Sneed told French he ‘fully supports cannabis, both medical and adult use.’ He also is ‘encouraged and inspired’ by tribal workers at the growing operation at Cooper’s Creek on the tribe’s Qualla Boundary in Cherokee, he added. The operation is run by Qualla Enterprises LLC, the tribe’s for-profit medical cannabis arm. Yet, Sneed told French, ‘I am very troubled by the lack of accountability for the managing of the business side of the operation. The current projected cost is almost 100% over budget as compared to the original RFP projected cost.’ RFP stands for ‘request for proposals.’”

Thursday’s vote marks a significant development in the reform effort. According to WLOS, the referendum passed 2,464 to 1,057.

Some outside the tribe have raised objections to the effort. Earlier this month, Chuck Edwards, a Republican congressman who represents a district in western North Carolina, introduced a bill to “withhold 10 percent of federal highway funds for governments that violate federal law under the Controlled Substances Act, which prohibits recreational marijuana and classifies it as a Schedule I drug.”

The legislation was explicitly aimed at the Eastern Band of Cherokee Indians’ referendum.

“The laws of any government should not infringe on the overall laws of our nation, and federal funds should not be awarded to jurisdictions that willfully ignore federal law,” Edwards said in a statement after introducing the bill. “During a time when our communities are seeing unprecedented crime, drug addiction, and mental illness, the Stop Pot Act will help prevent even greater access to drugs and ease the strain placed on our local law enforcement and mental health professionals who are already stretched thin.”

In a press release, Edwards’ office noted that the “Eastern Band of Cherokee Indians (EBCI) will vote on September 7 whether to legalize the sale and use of recreational marijuana on tribal lands,” and that if the referendum were to pass, “the Qualla Boundary will be the only place in North Carolina to buy marijuana legally for recreational use.”

The congressman’s office noted that the bill “does not apply to jurisdictions that authorize medical use of marijuana when prescribed by a licensed medical professional.”

The post North Carolina Tribe Votes To Legalize Recreational Cannabis appeared first on High Times.

Congressman Introduces Bill To Withhold Federal Funding From States With Legal Weed

Rep. Chuck Edwards, who represents a district in western North Carolina, unveiled the “Stop Pot Act” on Friday, saying that the bill “will withhold 10 percent of federal highway funds for governments that violate federal law under the Controlled Substances Act, which prohibits recreational marijuana and classifies it as a Schedule I drug.”

The legislation “does not apply to jurisdictions that authorize medical use of marijuana when prescribed by a licensed medical professional,” the congressman’s office said in a press release.

“The laws of any government should not infringe on the overall laws of our nation, and federal funds should not be awarded to jurisdictions that willfully ignore federal law,” Edwards said in a statement.

“During a time when our communities are seeing unprecedented crime, drug addiction, and mental illness, the Stop Pot Act will help prevent even greater access to drugs and ease the strain placed on our local law enforcement and mental health professionals who are already stretched thin.”

Edwards’ bill is being introduced amid a sea-change in marijuana policy across the United States. Twenty-three states have legalized recreational cannabis for adults. Recreational pot has also been made legal in the District of Columbia, and the U.S. territories of Guam and the Northern Mariana Islands. As local news station ABC11 reported, Edwards’ bill also “comes as the Eastern Band of Cherokee Indians is set for a referendum election next week that has a question about whether to legalize the sale and use of recreational marijuana on tribal lands.”

If the referendum passes when the vote is held on Thursday, “the Qualla Boundary will be the only place in North Carolina to buy marijuana legally for recreational use,” Edwards’ office said.

But marijuana remains illegal on the federal level due to its status under the Controlled Substances Act.

In the press release for the bill on Friday, Edwards’ office noted that the measure has been endorsed by “Smart Approaches to Marijuana Action,” a coalition that aims to create a society “where marijuana policies are aligned with the scientific understanding of marijuana’s harms, and the commercialization and normalization of marijuana are no more,” and the Christian Action League.

“Today’s marijuana isn’t Woodstock Weed. It is a highly engineered drug that’s often wrapped in kid-friendly packaging, with potencies of up to 99 percent. The legalization movement has worsened America’s mental health and addiction crisis by preying on communities of color and young people. Today’s commercial marijuana products are associated with depression, suicidality, IQ loss and most recently psychosis and schizophrenia, especially for young people,” Smart Approaches president and CEO Dr. Kevin Sabet said in a statement.

“Federal law is clear – sales of marijuana and THC drugs are illegal. Congressman Edwards’ ‘Stop Pot Act’ holds states accountable for violating federal law and undermining the authority of the FDA and the DEA. In states across the country, we’ve seen marijuana and THC drug legalization lead to increases in marijuana-related driving crashes and deaths. As CBS News reported just today, a recent study found that in states where cannabis is legal, cannabis-related DUIs happen 32 percent more than in states where the drugs are not legal. By following the model used to raise the legal drinking age to 21 and making highway funding conditional upon responsible marijuana policy, this bill will improve roadway safety. That’s good news for everyone.”

The Eastern Band of Cherokee Indians have been preparing for a multi-million dollar dispensary for months, although the project has hit snags along the way.

In May, Richard Sneed, the principal chief of the tribe, said that he “vetoed the Tribal Council’s recent approval of the final $64 million for the project because the original proposal said the entire project would be completed for $50 million.”

“The fact that this project’s original cost for an outdoor grow, an indoor grow and an indoor dispensary was $50m, and we are now being told it is $95m, demonstrates that there is an immediate need for a full accounting of the money that has been expended to date,” Sneed wrote in a Facebook post at the time.

The tribe has been working to convert an old bingo hall into a marijuana superstore, which would be the only dispensary (medical or recreational) in the state of North Carolina.

Last fall, the tribe announced that it was beginning to grow its inaugural cannabis crop after a 2021 vote to legalize medical marijuana on its land.

“The Council’s approval of a medical marijuana ordinance is a testament to the changing attitudes toward legal marijuana and a recognition of the growing body of evidence that supports cannabis as medicine, particularly for those with debilitating conditions like cancer and chronic pain,” Sneed said in 2021 following the vote.

The post Congressman Introduces Bill To Withhold Federal Funding From States With Legal Weed appeared first on High Times.

North Carolina Medical Cannabis Bill Likely Dead For 2023

A bill that would legalize medical marijuana in North Carolina is likely dead for the 2023 legislative session, House Speaker Tim Moore said on Tuesday. 

Although he is in favor of the bipartisan legislation, Moore said that the bill, which was passed by the North Carolina state Senate in March, does not have the support of enough members of the Republican House majority to advance. Under the rules of the House Republican Caucus, bills brought to the floor for a vote must already have the support of a majority of its members, even if Democratic support makes the measure likely to pass without a majority of Republicans on board.

Complying with the Republican caucus’s rule “would require a number of House members who’ve taken a position of ‘no’ to literally switch their position to want to vote for it, and I just don’t see that happening,” Moore said, according to a report from the Associated Press.

After discussing the legislation with members of the Republican caucus, Moore said that he agrees with recent public comments from House Majority Leader John Bell, who said there is not enough support for the bill to advance this session. 

On Tuesday, Bell told Spectrum News that he suspects the legalization issue will come up during next year’s chief legislative session, likely to begin in May.

“There’s passion on both sides,” Bell said. “We have members of our caucus that are 100% supportive of it, and we have other members that are 100% against it.”

But supporters of the legislation are not ready to give up. Democratic Senator Paul Lowe, another lead sponsor of the medical marijuana legalization bill, told the Raleigh News & Observer “by no means” is the bill “dead.”

Lowe said that discussions with the House Speaker and other members of the Republican leadership team are “ongoing,” and that he feels “pretty good about it.” 

“I think there are some members of his caucus that are reevaluating things and looking at it, and I think they’re gonna come around,” he said, not citing specific lawmakers. Revealing their names, he said, “would kill what I’m trying to do.” 

“If we don’t finish it in the long session, we’ll deal with it in the short session” next year, he said. “I feel pretty confident about it.”

Bill Legalizes MMJ For Patients With Qualifying Conditions

The measure, the North Carolina Compassionate Care Act (Senate Bill 3), was filed in January with sponsorship from Republican Senators Bill Rabon and Michael Lee and Lowe, their Democratic colleague. If passed, the bill would legalize the medicinal use of cannabis for patients with one or more specified qualifying serious medical conditions such as cancer, ALS, Parkinson’s disease, epilepsy, multiple sclerosis, post-traumatic stress disorder and others. Unlike the more comprehensive medical marijuana programs in many other states, however, the bill does not authorize the use of medical marijuana by patients living with chronic pain.

The sponsors of the bill note that the measure does not legalize recreational marijuana. Instead, the intent of the legislation “is to only make changes to existing state law that are necessary to protect patients and their doctors from criminal and civil penalties and would not intend to change current civil and criminal laws for the use of non-medical marijuana,” Rabon told reporters as the bill was being considered by the Senate earlier this year.

Under the bill, patients with a qualifying “debilitating medical condition” would be allowed access to medical cannabis. The bill permits the smoking and vaping of medical cannabis by patients whose doctors have recommended a specific form and dosage of medical marijuana. Physicians would be required to review a patient’s continued eligibility for the medical marijuana program annually.

Patients would be required to obtain a state medical marijuana identification card to participate in the program. The state Department of Health and Human Services would be tasked with creating “a secure, confidential, electronic database containing information about qualified patients, designated caregivers, and physicians,” according to the text of the measure.

Senate Passed Bill In March

The bill was passed by the North Carolina Senate on March 1 by an overwhelming bipartisan majority and sent to the state House of Representatives. In May, the bill was given a hearing by the House Health Committee, but the bill has not seen any action in the chamber since.

Late last month, Rabon tried to force action on the bill by attaching an amendment to an unrelated bill favored by Republicans in the House that would delay the enactment of the legislation until the medical marijuana bill is approved. The Senate approved the amendment and returned the largely technical legislation to the House, where it awaits further action.

State Senator Julie Mayfield, one of seven Democratic senators sponsoring a bill to legalize recreational marijuana for adults, said that she believes the medical marijuana bill should be allowed to go to the House floor for a vote.

“It is long past time for North Carolina to legalize the medical use of cannabis,” Mayfield said in a statement to local media. “It has helped many, many people, and it is time to allow people who need it to acquire and use it with dignity and without fear. The bill would pass with overwhelming support from Democrats if only Speaker Moore would let it come to a vote. It’s time to let democracy work.”

The post North Carolina Medical Cannabis Bill Likely Dead For 2023 appeared first on High Times.

CarMax Employee Caught Allegedly Shipping Three Pounds of Pot to Work

When in doubt, it’s probably not a good idea to ship felony amounts pot to your workplace—especially not on your day off. 

A box containing about three pounds of cannabis was found in a parcel at a used car dealership, which was addressed to an employee at CarMax in Gastonia, North Carolina, according to the Gastonia Police Department (GPD). Employees at CarMax regularly receive parcels at work, but this particular box was suspicious enough for them to investigate. The box was shipped from a location in Hollywood, California, where weed is legal, but not in that large of an amount.

The CarMax employee, Michael Williams, 39, unfortunately was not at work on the day the package arrived, so he could not hide it to keep it under wraps. Williams’ fellow employees called authorities when they found the box, and police confiscated the pot.

Local police officers were not done, however: They refilled the box with three pounds of weights to mimic the bags of weed, setting up Williams to incriminate himself. This was the evidence they needed to cite him and send him to jail.

“[We] put some items in the box that weighed roughly three pounds, resealed the box, and waited for the suspect, Mr. Williams, to come to work to claim that package,” Rick Goodale with GPD told the Charlotte Observer. The GPD posted a photo of what appears to be three pound-sized vacuum-sealed bags that were in the parcel.

When Williams returned to CarMax to report for work on his next shift, he confirmed the package was meant for him. Police officers then placed him under arrest on May 22.

California allows adults 21 and over to possess cannabis, but only 28.5 grams of personal cannabis without a specific license. Also, shipping pot over state lines is always a no-no. Finding cannabis in this amount at someone’s workplace is out of the ordinary.

“Most of the time, it’s going to houses, it’s very unusual to go to a business,” Goodale said.

Police officers with the GPD believe William’s operation has been going on for some time.

Williams is out on bond after posting bail. In North Carolina, 1.5 ounces to 10 lbs of cannabis is considered a felony, with punishments of 3-8 months in jail, and a $1,000 fine, NORML indicates.

CarMax Under Scrutiny

CarMax attempted to distance itself from Williams, saying that he wasn’t directly employed by them—just a contractor. They released a statement last Wednesday, saying, “CarMax was founded on integrity and doing the right thing and we appreciate the quick response from the local police department.”

Hiring contractors can be advantageous when there are fluctuating workloads, but it’s also a way companies can avoid supplying benefits.

While it’s common to find lemons at CarMax, finding pot at a location is something entirely new.

CarMax has been under increased scrutiny due to the massive number of complaints alleging that lemons are being sold at its dealerships, The Lemon Firm reports. The Lemon Firm was founded by one of California’s top lemon law trial attorneys, Michael H. Rosenstein.

In some cases, CarMax patrons said they were not informed that the vehicles they were purchasing had been involved in accidents or had other major damages. Others allege that CarMax misrepresented the current condition of the cars, leading them to believe they were getting a stellar deal. Read what some Reddit users have said about the situation.

The post CarMax Employee Caught Allegedly Shipping Three Pounds of Pot to Work appeared first on High Times.

North Carolina Cherokee Chief Rejects $64 Million Proposal for State’s First Dispensary

A tribal chief in North Carolina has reportedly vetoed a proposed $64 million in additional spending for what is expected to be the state’s first medical cannabis dispensary. 

The Charlotte Observer reports that Richard Sneed, the principal chief of the Eastern Band of Cherokee Indians, said in a Facebook message on Friday that “he vetoed the Tribal Council’s recent approval of the final $64 million for the project because the original proposal said the entire project would be completed for $50 million.” 

“The fact that this project’s original cost for an outdoor grow, an indoor grow and an indoor dispensary was $50m, and we are now being told it is $95m, demonstrates that there is an immediate need for a full accounting of the money that has been expended to date,” Sneed wrote in the message, as quoted by the Charlotte Observer

The tribe is currently planning on opening a massive, cannabis superstore that will be the first marijuana dispensary in North Carolina. According to the Charlotte Observer, the “Cherokee are converting their massive old bingo hall into the dispensary that is a first of its kind in North Carolina — the only location that would be in a three-hour’s drive from Charlotte where weed is sold legally.” 

The Eastern Band of Cherokee Indians approved an ordinance in 2021 to legalize medical cannabis on its land. 

“The Council’s approval of a medical marijuana ordinance is a testament to the changing attitudes toward legal marijuana and a recognition of the growing body of evidence that supports cannabis as medicine, particularly for those with debilitating conditions like cancer and chronic pain,” Sneed said at the time.

In November, the tribe announced that it was starting the the first harvest of its marijuana crop.

There are no other dispensaries in North Carolina, where both medical and recreational cannabis are illegal under state law, but the Cherokee, as with other tribes throughout the United States, have sovereignty over their land.

According to the Charlotte Observer, in his Facebook post on Friday, Sneed “attached a copy of a letter he sent to Tribal Council Chairman Richard French informing him of his veto and his reason.” 

The Observer has more background on the dispute:

“Sneed told French he ‘fully supports cannabis, both medical and adult use.’ He also is ‘encouraged and inspired’ by tribal workers at the growing operation at Cooper’s Creek on the tribe’s Qualla Boundary in Cherokee, he added. The operation is run by Qualla Enterprises LLC, the tribe’s for-profit medical cannabis arm. Yet, Sneed told French, ‘I am very troubled by the lack of accountability for the managing of the business side of the operation. The current projected cost is almost 100% over budget as compared to the original RFP projected cost.’ RFP stands for ‘request for proposals.’”

The dispensary is expected to open sometime this year. 

Lawmakers in the North Carolina legislature have pushed a bill that would legalize medical cannabis treatment in the state. 

Republican state Sen. Bill Rabon introduced a bill earlier this year called the “North Carolina Compassionate Care Act,” which would legalize the treatment for a host of qualifying conditions including: “Cancer; Epilepsy; Positive status for human immunodeficiency virus (HIV); Acquired immune deficiency syndrome (AIDs); Amyotrophic lateral sclerosis (ALS); Crohn’s disease; Sickle cell anemia; Parkinson’s disease; Post-traumatic stress disorder … Multiple sclerosis; Cachexia or wasting syndrome; Severe or persistent nausea in a person who is not pregnant that is related to end-of-life or hospice care, or who is bedridden or homebound because of a condition; A terminal illness when the patient’s remaining life expectancy is less than six months; [or] A condition resulting in the individual receiving hospice care.”

The post North Carolina Cherokee Chief Rejects $64 Million Proposal for State’s First Dispensary appeared first on High Times.

Weed Legalization Bill Introduced in North Carolina

Seven Democratic lawmakers in North Carolina are sponsoring a bill that would legalize recreational cannabis in the state, and expunge past marijuana-related offenses.

The legislation, which was introduced in the state Senate last week, follows another proposal in the state to legalize medical cannabis.

If it were to pass, the recreational pot bill would legalize marijuana for adults aged 21 and older, and also “enact a 20% state tax on the sale [of marijuana], and municipalities would be able to enact another 3% tax,” according to local news station WSOC.

Per the station, the tax revenue from marijuana sales would be divided up as follows: “25% to a Community Reinvestment and Repair Fund created by the bill; 10% to a Social Equity Fund created by the bill; 3% to a Cannabis Education and Technical Assistance Fund created by the bill; 7% to the Department of Health and Human Services for evidence-based, voluntary programs for substance abuse treatment or prevention; 2% to the DHHS for a public education campaign for youth and adults about the health and safety risks of alcohol, tobacco, cannabis, and other substances, including driving while impaired; 2% to the DHHS for cannabis research.

Up to 1% to the Department of Public Safety for advanced impaired driving enforcement and drug recognition training; The remaining 50% of the tax revenue would go to the general fund.”

The bill also provides for individuals to have previous pot-related convictions expunged from their records.

“If a person was charged with an offense involving marijuana or hashish that is legal under Chapter 18D of the General Statutes, and such person was convicted, such conviction shall be ordered to be automatically expunged no later than July 1, 2026, in the manner set forth in this section,” the legislation reads.

North Carolina is one of the last remaining states where neither recreational nor medical marijuana is legal.

Late last month, the North Carolina state Senate approved a bill that would legalize medical cannabis treatment for individuals with qualifying conditions such as cancer, ALS, Parkinson’s disease, epilepsy, multiple sclerosis, post-traumatic stress disorder (PTSD), among others.

The state’s Democratic governor, Roy Cooper, has pushed lawmakers in North Carolina to reform its cannabis laws.

In October, following President Joe Biden’s pardon to individuals with federal marijuana convictions, Cooper called for the decriminalization of pot in North Carolina.

“Conviction of simple possession can mar people’s records for life and maybe even prevent them from getting a job,” Cooper said at the time.

“North Carolina should take steps to end this stigma,” the governor added.

In his announcement of the pardons, Biden urged “all Governors to do the same with regard to state offenses.”

“As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates,” Biden said in a statement at the time.

“Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances.  This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic,” Biden added.

The post Weed Legalization Bill Introduced in North Carolina appeared first on High Times.

Man Who Stabbed Hemp Store Clerk To Face Death Penalty

Charles Michael Haywood, 22, appeared before a judge on Monday, March 27, and will be charged with capital murder for the fatal stabbing of a woman working at a hemp store in North Carolina last year.

Margaret Bracey, who was 42, was working alone at Exotic Hemp Company when Haywood barged into the store. Security footage shows what appears to be Haywood asking her about products before pulling out a knife and demanding her to empty the register. Then he stabbed her multiple times and killed her even though she complied with his demands.

WECT reports that District Attorney Ben David says the State of North Carolina is seeking the death penalty for a man charged in the fatal stabbing of a woman who worked at a hemp store last August. WWAY reports Superior Court Judge Dawn Layton agreed and ruled in favor of the district attorney office’s proposal. 

“This is especially heinous, atrocious, or cruel, given the facts and circumstances of what happened to Margaret Bracey that evening. It was also in the commission of an armed robbery, and done for pecuniary gain. These are all aggravating factors, where the state is empowered to seek the death penalty. Not every first degree murder is death penalty eligible, you have to have what are called aggravating circumstances. The judge agreed that based on the facts and circumstances of this case, it should proceed forward and Charles Michael Haywood will be tried for his life,” said Pender County District Attorney Ben David.

The arrest warrant details the course of events that led to Bracey’s death.

“Haywood removed the cash from the register and then attacked Bracey with the knife, stabbing her multiple times,” a Surf City, North Carolina-based detective wrote as probable cause for a search warrant. “As a result of the knife attack by Haywood, Bracey was killed.”

“Haywood cut his hand during the attack and was seen on video bleeding from his hand,” the warrant continues.

According to the arrest warrant, Haywood took about $750 from the register and put it in his backpack. Then he swapped out clothes to disguise himself as he left.

The attacker was turned in by his own mother after she saw his face on TV.

“[Haywood’s mother] brought Haywood to the Surf City Police Department where he was interviewed and ultimately arrested for first-degree murder and armed robbery,” the court document states. “While interviewing [Haywood’s mother], she advised that Haywood had returned to her residence with his shirt wrapped around his hand. [She] stated that Haywood entered the residence and showered. [She] stated that she checked on Haywood and found that he had a laceration to his hand that required medical attention. [She] stated that Haywood put the shirt he had wrapped around his hand into a trash bag and put the trash bag into the outside trash can.”

While Haywood was held in jail, he was denied bail.

The next court date for the case has not yet been set. District Attorney Ben David says he expects the jury to be selected among residents living in Pender County, North Carolina.

“Two of my prosecutors, Jason Smith and Amy White, are both going to be actually handling the case when it comes to trial. I was present at the scene with Jason, the night it happened, and we’ve all been working closely. That’s one thing I want to stress, you know, these decisions are not made lightly, we have over 100-years, worth of prosecutors, around the table with me and the lead investigators, when we have what are called critical case reviews.”

The post Man Who Stabbed Hemp Store Clerk To Face Death Penalty appeared first on High Times.

North Carolina Senate Approves Medical Pot Bill

The North Carolina Senate this week approved a bill to legalize marijuana, bringing the measure one step away from heading to the state House of Representatives for consideration. The bill, titled the North Carolina Compassionate Care Act (Senate Bill 3), passed handily with little debate in the state Senate on Tuesday by a vote of 36-10. The bipartisan bill was introduced on January 25 by Republican Senators Bill Rabon and Michael Lee and Democratic Senator Paul Lowe. 

“The purpose of the bill is to allow for tightly regulated use of medical cannabis, only by those with debilitating illnesses,” Rabon said on the Senate floor before Tuesday’s vote. 

“The recreational sale or use of marijuana remains, under this legislation, illegal,” he added.

If signed into law, the bill would legalize the medicinal use of cannabis for patients with one or more specified qualifying serious medical conditions such as cancer, ALS, Parkinson’s disease, epilepsy, multiple sclerosis, post-traumatic stress disorder (PTSD), and others. Unlike the more comprehensive medical marijuana programs in many other states, however, the bill does not legalize the use of medical marijuana by patients diagnosed with chronic pain.

Before the bill was approved last week by the Senate Judiciary Committee, the sponsors of the bill emphasized that the measure does not legalize recreational marijuana. Instead, the intent of the legislation “is to only make changes to existing state law that are necessary to protect patients and their doctors from criminal and civil penalties and would not intend to change current civil and criminal laws for the use of non-medical marijuana,” Rabon told reporters on February 21.

Under the bill, patients with a qualifying “debilitating medical condition” would be allowed to use medical marijuana. The bill permits the smoking and vaping of medical cannabis by patients whose doctors have recommended a specific form and dosage of medical marijuana. Physicians would be required to review a patient’s continued eligibility for the medical marijuana program annually. Smoking medical cannabis in public or near schools and churches would not be legal under the measure.

The bill requires patients and qualified caregivers to obtain a medical marijuana identification card from the state. The North Carolina Department of Health and Human Services would be responsible for creating “a secure, confidential, electronic database containing information about qualified patients, designated caregivers, and physicians,” according to the text of the measure. The bill also creates an 11-member advisory panel appointed by the governor and lawmakers to review proposals for new qualifying medical conditions.

North Carolina Bill Establishes Oversight Commission

Additionally, the legislation establishes a Medical Cannabis Production Commission to oversee medical cannabis producers and ensure a sufficient supply of medical marijuana is produced for the state’s registered patients. The legislation authorizes the licensing of up to 10 businesses to grow, process, and sell cannabis, and permits each producer to operate up to eight medical marijuana dispensaries. Under the bill, the state would levy a 10% tax on the monthly revenue of each medicinal cannabis producer. The bill also requires regulators to establish a tracking system to monitor the production, movement, and sale of cannabis products from cultivator to consumer. 

“Those suppliers must meet strict requirements for how to locate and operate their facilities, how to grow their cannabis and how to package and sell their inventory,” Rabon said on the Senate floor. “They must track every product from seed to sale.”

Only one lawmaker, Republican Senator Jim Burgin, spoke against the measure on Tuesday, saying that “marijuana is not medicine” and has not been approved for medicinal use by the federal government. 

“It’s bad for kids,” Burgin said. ”I think this bill sets up big government, and I think it can easily be changed to legalize marijuana” for recreational use, he added.

Senate leader Phil Berger, one of the 16 Republicans who voted for the measure, praised Rabon and the other sponsors of the bill for their work to gain consensus among their colleagues before the bill came up for a vote by the full Senate.

“The lack of debate on the floor really is a reflection on how much work Senator Rabon and the other sponsors have done over the past two years in just making people aware of what the bill does, answering questions, modifying the language,” Berger said.

Senate Bill 3 still faces one more vote in the North Carolina Senate before heading to the state House of Representatives for consideration. Republican House Speaker Tim Moore said the bill has some support in the House, according to a report from the Associated Press. If passed by both chambers of the legislature, the bill would head to the desk of Democratic Governor Roy Cooper, who has indicated support for legalizing medical marijuana and decriminalizing possession of small amounts of cannabis by adults.

The post North Carolina Senate Approves Medical Pot Bill appeared first on High Times.

North Carolina Lawmakers Renew Medical Cannabis Push

The North Carolina General Assembly will once again play host to a debate over medical cannabis legalization, as supporters hope the 2023 session turns out better than last year.

Local news station WNCN reports that a “bipartisan group in the state Senate is trying again this year to pass a bill legalizing medical marijuana, as new polling this week shows popular support,” and that, on Wednesday, the state Senate Judiciary Committee discussed the proposal, “which is largely similar to a bill the chamber passed last year but that the House never considered.”

“There’s hardly a family in this state or in this nation that hasn’t been touched at some point by someone who would benefit from this bill,” said Republican Sen. Bill Rabon, a sponsor of the measure, as quoted by WNCN.

The bill, titled the “North Carolina Compassionate Care Act,” would make medical cannabis treatment available to patients with the following qualifying conditions: “Cancer; Epilepsy; Positive status for human immunodeficiency virus (HIV); Acquired immune deficiency syndrome (AIDs); Amyotrophic lateral sclerosis (ALS); Crohn’s disease; Sickle cell anemia; Parkinson’s disease; Post-traumatic stress disorder … Multiple sclerosis; Cachexia or wasting syndrome; Severe or persistent nausea in a person who is not pregnant that is related to end-of-life or hospice care, or who is bedridden or homebound because of a condition; A terminal illness when the patient’s remaining life expectancy is less than six months; [or] A condition resulting in the individual receiving hospice care.”

Patients who have “experienced one or more traumatic events” may also qualify for the treatment, per the language of the bill, which says that “[a]cceptable evidence shall include, but is not limited to, proof of military service in an active combat zone, that the person was the victim of a violent or sexual crime, or that the person was a first responder.”

The bill says that details of the trauma “shall not be required.” 

Republicans hold majorities in both the state Senate and House of Representatives. Last year, a virtually identical medical cannabis legalization bill passed out of the state Senate, but ultimately failed to advance out of the state House. 

North Carolina is one of the few remaining states where both medical and recreational pot are still illegal. 

The state’s Democratic governor, Roy Cooper, has expressed his support for both. 

“Conviction of simple possession can mar people’s records for life and maybe even prevent them from getting a job,” Cooper said in October, following President Joe Biden’s decision to pardon individuals with federal convictions of simple marijuana possession.

In his announcement at the time, Biden urged “all Governors to do the same with regard to state offenses.”

“As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates,” Biden said in a statement at the time.

Cooper echoed the president’s sentiments.

“North Carolina should take steps to end this stigma,” Cooper said.

There is reason to believe that voters in the Tar Heel State are ready for lawmakers to take action. 

As WNCN noted, a “poll this week by Meredith College found 73 percent of voters support legalizing medical marijuana while 15 percent oppose it and 12 percent said they were unsure.”

The post North Carolina Lawmakers Renew Medical Cannabis Push appeared first on High Times.

Eastern Band of Cherokee Indians Sends Medical Pot Regulations to N.C. Assembly

According to the Citizen Times, the Eastern Band of Cherokee Indians (EBCI) Council met on Jan. 12 and successfully voted to introduce the tribe’s medical cannabis regulations to the North Carolina General Assembly. The resolution states that this is done with the intention “to further the agenda effectively and efficiently coordinating in the administration of medical cannabis laws across the jurisdictions of the state of North Carolina and Eastern Band of Cherokee Indians.”

EBCI Chief Richard Sneed addressed the Tribal Council at the meeting, which consists of 12 members, about the necessity of keeping in communication with lawmakers in North Carolina. “All this is, is it as a matter of tribal law, before anybody does any work engaging with the state or federal legislature, we have to have permission of the governing legislative body to do so,” Sneed said.

“Any tribal council member—chief or vice chief—who engages in Raleigh or in D.C., we need essentially marching orders to do so. As this next legislative session in Raleigh gets started and we’re down there doing lobbying work, this just grants permission for us to talk to them about medical cannabis, and the subsequent North Carolina law that will probably be on the floor during the next general assembly.”

In August 2021, the EBCI Council voted 8 to 4 to legalize medical cannabis. Over one year later in November 2022, the EBCI announced that they harvested their first medical cannabis crop, and also began accepting job applications for the tribe’s medical cannabis dispensary, which is being operated by Qualla Enterprises LLC and is set to open sometime in 2023.

The EBCI Council voted in December 2022 to give Qualla Enterprises $63 million. According to Qualla Enterprises General Manager Forrest Parker, the tribe will be able to properly regulate its business. “It gives us a lot of confidence that we’re surrounded by people that have done this so many times, that have the experience, that have the understanding,” said Parker. “This tribe, I’m so proud of us for putting us in a position to learn from other people’s mistakes so that when we do this right, that number is precise. It’s not $150 million because we’re trying to cover all these things that we don’t know. We actually feel like we actually know.”

Shutterstock

The EBCI is also funding its own Cannabis Control Board to manage the business, including licensing, audits, annual reports, and more. One control board member, David Wijewickrama, who is also an attorney, shed some light on what to expect in 2023. “There are a lot of moving parts to this project that we’re learning every day,” Wijewickrama said. “The tribe’s given us a lot of resources to ensure this process succeeds.”

As for nearby states with cannabis, only Alabama and Virginia offer medical cannabis programs. Once the EBCI dispensary opens, it will only allow patients who have a tribe medical cannabis card to purchase cannabis. Those patients must also be approved as suffering from acquired immune deficiency syndrome (such as AIDS, anxiety disorders, cancer, or glaucoma), a medical condition that causes wasting syndrome, muscle spasms (such as those caused by multiple sclerosis), and chronic pain, as well as neuropathic conditions or post-traumatic stress disorder.

Cardholders will be allowed to purchase one ounce (or about 2,500 milligrams of THC) or less per day, and no more than six ounces (or 10,000 milligrams of THC) per month. This particular limitation will be enacted until at least August 2024. After that time, the board can review and change the rules.

The EBCI is just one of many tribes looking to take part in the medical and/or adult-use cannabis industry. In New York, the Oneida Indian Nation announced last year that it was seeking to launch a seed-to-sale cannabis business in 2023, while the Saint Regis (Akwesasne) Mohawk Tribe partnered with actor Jim Belushi to open a dispensary in October 2022. This is followed by the Seneca Nation of Indians, which seeks to open a dispensary in Niagara Falls in February 2023.

Across the country in San Diego, the Iipay Nation of Santa Ysabel currently operates its own dispensary, called Mountain Source Santa Ysabel. The Las Vegas Paiute Tribe owns a dispensary called NuWu Cannabis Marketplace.
The Lower Sioux Indian Community recently announced that it will build a hemp processing facility with the goal of creating a hempcrete test home. “There are 20,000 uses for the plant. I can’t think of a better one for our community members than to give them a home that will last forever,” said Lower Sioux Tribal Council Vice President, Earl Pendleton.

The post Eastern Band of Cherokee Indians Sends Medical Pot Regulations to N.C. Assembly appeared first on High Times.