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Weed Legalization Bill Introduced in North Carolina

March 31, 2023 Published by

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.

North Carolina Lawmakers Renew Medical Cannabis Push

February 17, 2023 Published by

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.

North Carolina Lawmakers Advance Medical Cannabis Bill

June 3, 2022 Published by

North Carolina took another step toward finally legalizing medical cannabis on Thursday, with members of the state Senate overwhelmingly passing a bill that would authorize the treatment for a host of ailments and conditions.

The measure passed the chamber on a vote of 35-10, according to the News & Observer newspaper.

It now heads to the state House of Representatives. Republicans hold majorities in both chambers of the General Assembly. The state’s governor, Roy Cooper, is a Democrat.

The bill, officially known as the North Carolina Compassionate Care Act, would authorize medical cannabis for individuals 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, subject to evidence that an applicant experienced one or more traumatic events; 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.

Per the News & Observer, “Democrats have asked for even broader legalization, putting forward a number of suggestions ranging from adding additional ailments to the list of covered medical conditions, to passing more sweeping laws, like decriminalization or even full recreational legalization of cannabis,” but “Republicans shot those proposals down.”

Eight of the 10 votes against the bill were Republicans, according to the News & Observer, among them state Sen. Jim Burgin, who “invoked some of the previous fights against tobacco—which remains one of North Carolina’s biggest crops, including in Burgin’s district—and implied that the bill was hypocritical because of that.”

“We’ve spent billions of dollars and passed numerous laws to stop people from smoking,” Burgin said, as quoted by the News & Observer. “We’re now voting on a new version of Big Tobacco.”

The bill’s sponsor is GOP state Sen. Bill Rabon, who has sought to assuage concerns of his fellow Republicans by arguing that the bill will create the most restrictive medical cannabis law in the United States.

“We think we’ve done the right thing. We think that every provision from start to finish has been well thought out, well laid out, and put before you,” Rabon said prior to the vote on Thursday, as quoted by local television station WITN.

As quoted by the News & Observer, Rabon said that lawmakers in North Carolina “have looked at other states, the good and the bad.”

“And we have, if not perfected, we have done a better job than anyone so far,” he said, according to the newspaper.

More than a dozen states have legalized recreational pot use for adults, and a majority have legalized medical cannabis.

But in North Carolina, neither are legal, despite there being broad support for both.

A poll in April found that 72% of voters in the Tar Heel State believe that medical cannabis should be legal. The same poll found that 57% of voters in North Carolina believe that recreational cannabis should be legal, as well.

A spokesperson for Cooper, the Democratic governor, said last year that he would be inclined to support a medical cannabis bill that was under consideration by North Carolina lawmakers at the time.

“Studies have shown medical marijuana can offer many benefits to some who suffer from chronic conditions, particularly veterans, and the Governor is encouraged that North Carolina might join the 36 other states that have authorized it for use. The Governor will review this bill as it moves through the legislative process,” the spokesperson said.

The bill that passed the state Senate on Thursday could face some tough sledding in the state House, where “House Speaker Tim Moore has expressed that he won’t take it up for a vote,” according to WITN.

The post North Carolina Lawmakers Advance Medical Cannabis Bill appeared first on High Times.

North Carolina Lawmakers Advance Bill To Make Hemp Permanently Legal

June 1, 2022 Published by

A bill in North Carolina would ensure that hemp and CBD remain legal in the state beyond this month.

Members of the state Senate approved the legislation on Tuesday, which would permanently remove hemp from North Carolina’s list of controlled substances.

According to local television station WGHP, the bill passed the chamber by a unanimous vote.

As was the case in a host of other states, North Carolina greenlit the cultivation of hemp following changes to how the federal government treats the plant in the last decade.

The 2014 Farm Bill that was passed by Congress “provided a definition for hemp and allowed for state departments of agriculture or universities to grow and produce hemp as part of research or pilot programs,” according to the National Conference of State Legislatures.

Four years later, the 2018 Farm Bill went further by completely changing “federal policy regarding hemp, including the removal of hemp from the Controlled Substances Act and the consideration of hemp as an agricultural product,” while also legalizing “hemp under certain restrictions and defined hemp as the plant species Cannabis sativa L. with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis,” according to NCSL.

As WGHP explained, since “hemp farming became legal under federal law in 2014, there are about 1,500 hemp growers and more than 1,200 processors in North Carolina registered under the USDA Domestic Hemp Production Rule,” but the state always regarded it as “a pilot program, which is scheduled to end in June.”

The bill passed by members of the North Carolina state Senate on Tuesday would “conform the hemp laws with federal law by permanently excluding hemp from the state Controlled Substances Act.”

Republicans in North Carolina hold majorities in both the state Senate and state House of Representatives. The state’s governor, Roy Cooper, is a Democrat.

Hemp isn’t the only area that North Carolina lawmakers are looking to reform.

Last week, Democratic state Sen. Toby Fitch introduced a bill that would legalize recreational cannabis use for adults in North Carolina.

A poll in April found that a majority of North Carolina voters are in favor of both medicinal and recreational pot, both of which are currently illegal in the Tar Heel State.

Under Fitch’s bill, as reported by the Winston Salem-Journal, adults in the state aged 21 and older could “possess up to two ounces of marijuana on their person.” The legislation would establish a regulatory system governing the sale of cannabis, as well.

Separately, North Carolina lawmakers are also weighing a bill that would legalize medical cannabis. According to local television station WRAL, “a bill to legalize medical marijuana for patients with certain serious illnesses, including cancer, will be heard by the Senate rules committee Wednesday,” and that the bill “is expected to win committee approval.”

Should the legislation emerge from the committee, it “could reach the Senate floor as early as Thursday,” according to WRAL.

The poll released in April found that 72% of voters in North Carolina believe medical cannabis should be legal, including 64% of Republicans, 75% of Democrats, and 78% of Independents.

Cooper has indicated previously that he would likely sign a medical cannabis bill into law.

Last year, when a medical cannabis proposal was under consideration by the General Assembly, a spokesperson for the Democratic governor said: “Studies have shown medical marijuana can offer many benefits to some who suffer from chronic conditions, particularly veterans, and the Governor is encouraged that North Carolina might join the 36 other states that have authorized it for use. The Governor will review this bill as it moves through the legislative process.”

The post North Carolina Lawmakers Advance Bill To Make Hemp Permanently Legal appeared first on High Times.

North Carolina Lawmaker Introduces Legalization Bill

May 24, 2022 Published by

A Democratic lawmaker in North Carolina on Monday introduced a bill that would legalize the sale and possession of recreational cannabis for adults in the state.

State Sen. Toby Fitch’s proposal focuses primarily on “the sale, possession and use of marijuana,” according to the Winston-Salem Journal, “although a section covers the legal use of industrial hemp.”

As in other states and cities that have lifted the prohibition on pot, Fitch’s bill would apply to individuals who are 21 and older.

Under the proposal, those adults could “possess up to two ounces of marijuana on their person,” the newspaper reported, but there would be restrictions and penalties tied to consuming pot in public.

According to the Winston-Salem Journal, anyone “who possesses more than two ounces on their person in a public setting could be subject to a civil penalty of up to $25,” but “anyone possessing more than one pound of marijuana—not including a marijuana licensure—could be found guilty of a Class F felony and face a fine of up to $250,000.”

Neither recreational nor medicinal cannabis are legal in the Tar Heel State––one of a dwindling number of states with outright prohibition still intact.

According to the Winston-Salem Journal, the bill “may represent an attempt to link legalization to a medical marijuana bill…that cleared three Senate committees during the 2021 session before stalling in August in Rules and Operations.”

The medical cannabis bill was introduced last year by a Republican state Senator.

Fitch’s bill would also establish a regulatory body overseeing the new cannabis market called the Cannabis Control Commission.

Under the text of the legislation, the commission would “consist of a Chief Executive Officer, the Board of Directors, and the agents and employees of the Commission. The Commission shall be administratively located within the Department of Public Safety but shall exercise its powers independently of the Secretary of Public Safety.”

The commission would issue rules over the sale and transportation of cannabis, while also enforcing them.

The regulatory body would also be charged with overseeing the social equity provisions of the new law, which are designed to provide opportunities within the new market to communities that have been disproportionately affected by the War on Drugs.

Of course, all of this may well be moot, given the composition of the North Carolina General Assembly. Republicans control both legislative chambers, while Democrats have one of their own, Roy Cooper, currently serving as governor.

A spokesperson for the Democratic governor indicated last year that Cooper would be amenable to signing the medical cannabis legislation that was introduced.

“Studies have shown medical marijuana can offer many benefits to some who suffer from chronic conditions, particularly veterans, and the Governor is encouraged that North Carolina might join the 36 other states that have authorized it for use,” the spokesperson told the Outer Banks Voice. “The Governor will review this bill as it moves through the legislative process.”

There is reason to believe that North Carolina voters are ready for lawmakers to legalize both medicinal and recreational cannabis.

A poll last month found that a whopping majority of North Carolina voters––72%––are in favor of legalizing medical cannabis. The support included 64% of state Republicans, 75% of Democrats, and nearly 80% of independents.

A smaller majority of voters in North Carolina, 57%, said that recreational pot use should also be legal, including 63% of Democrats, and 60% of independents.

On the subject of recreational cannabis, state Republicans were divided, with 46% saying it should be made legal and 44% saying it should remain illegal.

The post North Carolina Lawmaker Introduces Legalization Bill appeared first on High Times.