North Carolina Senate and House battle over the fate of medical marijuana bill, with other legislation as collateral damage

The House is weighing in on a medical marijuana bill that was passed by the North Carolina Senate. A GOP senator has taken a novel tactic to force the House to act, holding a non-related piece of legislation as hostage.

House Speaker Tim Moore, (R), confirmed that there is no consensus in his caucus on the medical marijuana measure SB 3 and stated “it won’t come up for vote” until a majority Republican members of his chamber show their support.

But Sen. Bill Rabon, who has fought for reform in recent sessions and is adamant about his legislation, will not give up. To make his point, Rabon attached an amendment on Wednesday to a House bill that was mostly technical. The amendment would only become effective if and when Senate Bill 3, Regular Session 2023, became law.

The Senate approved the amendment with a vote of 36-8 , before sending the measure to the House.

The other body has not made it clear yet how they will react to the Senate’s move to add the medical cannabis language into a bill unrelated to that which deals with allowing physicians assistants to work without the supervision of a doctor in certain circumstances.

The move at least has influenced the discussion at a moment when it was expected that the bill would be effectively dead for another session.

We thought that the medical marijuana legislation was dead. But wait! Senate Rules Chair and sponsor of SB3 made a usual (and bossy) move to get @NCHouseGOP stop blocking the bill. @NCSenateDems contributed to the passing of the Amendment. We will pay their bill once they do. The ball is in your court NCHouse. #ncpol pic.twitter.com/Zs8CxN2b1x

— Senator Natasha Marcus 29 June 2023 HTML0

We thought that the medical marijuana legislation was dead. But wait! “Senate Rules Chair and sponsor of SB3 used a usual (and bossy) move to encourage [House Republicans] not to block it,” wrote Sen. Natasha Marcus, D-Washington, on Wednesday. “[Senate Democrats] contributed to the passage of the Amendment. We get their bill before they do. “The ball is in your court NCHouse.”

The measure passed the Senate in March. It was heard by the Health Committee last month. This would allow people with certain conditions, such as epilepsy, cancer, PTSD, and multiple sclerosis, to purchase and possess cannabis at licensed dispensaries.

The House Speaker previously stated that he believed the chances of passing the bill are “better” now than they were before. This is despite the fact that his comments cast doubt on its prospects for being brought to the floor of the House this year.

Moore 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, and that he “would not be surprised” if this bill passed.

Rabon, who testified at a House committee hearing last month, shared personal details of his experience with cannabis and cancer. He told how his doctor had advised him to use cannabis before undergoing serious chemotherapy and that he was going to break the law in order to use it for treatment. 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 allowed access to cannabis.

The revised law would allow smoking and vaping, but doctors must prescribe specific dosages and methods of delivery to patients. They would also need to evaluate the eligibility of patients for the program every year.

The bill allows for up to ten 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.

A 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 states its intention 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 mass pardon in October, which included a call for action from governors, Cooper has directed state attorneys to review pardon authority when it comes to marijuana offenses.

Separately, the governor convened a 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.

A North Carolina House Committee approved a bill in December to create a grant program of $5 million to support research on the potential therapeutic benefits of psilocybin, MDMA. The board will oversee this effort.