North Carolina has appointed a state official to a medical marijuana commission, which does not yet exist under the law of the state. The medical marijuana program has not been approved as the bill to legalize it was stalled in the legislature.
In July, Sen. Bill Rabon’s (R) inclusion of a Medical Cannabis Production Commission in a larger measure was a signal to his commitment to the reform.
Stephen Windham can now fill an unfilled position on the medical marijuana commission, as the legislation for appointments was passed by both chambers of Congress last week. Stephen Windham will be appointed to a position on a medical marijuana commission if and when it is legalized. He will hold the post until July 1, 2027.
The House has not yet passed the legalization bill, which would have given the commission the responsibility of ensuring that patients receive an adequate supply and to oversee the licensing of cannabis businesses.
Windham may be a part of a commission in the future if the next legislature passes the Rabon legalization bill.
The bill advanced through the Senate on March. While it was in committee, the House has an informal rule requiring a majority to support the bill before it can be brought to the floor. House Majority leader John Bell (R), said last month, “unfortunately,” that the cannabis measure did not receive enough support in this round. He predicted it would be brought up again next year.
Rabon has led this fight for many years and used new tactics in the past session to pressure the other chamber into implementing the reform.
As the House was unable to pass the bill, the senator successfully attached an amendment to a House measure unrelated that tied its effectiveness date with the passage of the medical cannabis reform.
In its current form, the bill allows patients with certain conditions, such as cancer or epilepsy and post-traumatic disorder (PTSD), to purchase and possess cannabis at licensed dispensaries.
The House Speaker previously stated that he believed the chances of passing the medical cannabis bill are “better” now than they have ever been. However, his recent comments this summer cast doubt on its prospects to be brought up this year.
House Speaker Tim Moore, a Republican, said the dynamics surrounding marijuana reform had changed with “a number of new members”. He added that more than 50% of his chamber supports medical cannabis now and that he “would not be surprised in the least if this bill moved.”
Rabon, who testified at the May House committee hearing on cannabis treatment and cancer survival, shared personal details of his experience. He told how his doctor had advised him to use cannabis before undergoing serious chemotherapy. He then went to his local police to inform them of his intention to break the laws to use the plant as therapy. The mail began to arrive with packages of marijuana.
The key provisions of the Medical Cannabis legislation are:
Patients with “debilitating conditions” like cancer, epilepsy or HIV/AIDS would be able to access cannabis.
The revised law would allow smoking and vaping, but doctors must prescribe specific methods of delivery and dosages to patients. They would also need to evaluate the eligibility of patients for the program every year.
The bill allows for a maximum of 10 medical marijuana suppliers to control the cultivation and sales of cannabis. Each supplier may operate up to 8 dispensaries. This is double the previous dispensary limit.
The bill would establish a Compassionate Usage Advisory Board, which could include new medical conditions that qualify.
The Medical Cannabis Production Commission will be established to oversee licensing, ensure an adequate supply of marijuana for patients and to generate revenue to regulate the program.
The measure would also create a North Carolina Cannabis Research Program, which “undertakes objective, scientific research concerning the administration of marijuana or cannabis-infused product as part of medical treatments.”
Many advocates have pushed for specific equity provisions to be included in legalization legislation.
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In a section of the bill titled “Findings”, the legislator stated that the intention of the legislation was to “prioritize public health and safety when creating a system of cultivation, processing and selling medical cannabis.”
The General Assembly also requested that “the regulatory system created under this article be flexible and responsive to the rapid changes in the cannabis industry.”
In a poll conducted in February, it was found that North Carolinians were also ready to reform. Three out of four respondents said they supported the legalization of medical marijuana.
In his own words, Gov. Roy Cooper (D), who spoke in December, said that he believes a medical marijuana bill has an “opportunity to pass” in this session. He also reiterated support for decriminalizing cannabis possession in a broader sense, noting the racial disparities.
Cooper’s support for decriminalization has only been a recent development. In October he publicly endorsed the policy change, saying it was time to “end stigma.” He also announced that he had taken steps to independently grant relief to those with convictions.
Cooper stated that following President Joe Biden’s announcement of a mass pardon last year which included a call for action from governors, Cooper has directed state attorneys to review pardon authority in marijuana offenses.
Separately, the governor convened the North Carolina Task Force for Racial Equity in Criminal Justice had previously recommended decriminalizing cannabis. The panel’s report, chaired state Attorney General Josh Stein(D), included a recommendation that the state conduct a study to determine whether it should more widely legalize cannabis sales.
According to current law, possession of more than half an inch up to 1.5 ounces is a misdemeanor class 1, punishable by up to 45-days imprisonment and a fine of $200. In 2019, 3,422 charges were filed and 1,909 convictions were made. 70 percent of the people convicted in 2019 weren’t white.
Marijuana Farmers Market Opens Alongside New York State Fair
Photo by Philip Steffan.
The post North Carolina Medical Marijuana Commission that Doesn’t Exist Yet Has its First Member Amid the Stalled Legalization Bill first appeared on Marijuana Moment.
