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North Carolina Senate Approves Medical Marijuana Regulatory Position As House Leader Says Heavy-Handed Tactics Are Not Helping Legalization’s Fate

July 3, 2023 by Kyle Jaeger

The Republican senator from North Carolina is adamant that his medical marijuana bill will pass this session, despite the obstinacy of the GOP leadership in the House. He’s gone so far as including medical cannabis regulatory appointments in a measure that was passed by the Senate last Thursday.

The recent defiance of Sen. Bill Rabon (R), including attaching a clause to a House bill, which makes the effective date dependent on his medical cannabis legislation becoming law, has ruffled feathers in opposite chamber.

House Speaker Tim Moore , R, told on WNCN TV that “any tactics that are perceived to be heavy-handed or trying to force it tend to have an opposite effect.”

“I have made it clear that if the bill was to be brought to the floor I would support medicinal cannabis use.” “I think this bill has the proper safeguards and protections so I am fine with it,” said he. “But I won’t force my members to vote for it.”

A second GOP lawmaker, who had previously supported the reform, now says “no.” He cited the Senate’s stunt as “pompous and self-centered.”

Rabon does not seem to be particularly concerned. Moore has said that he won’t bring cannabis legislation to the House floor without the majority support of the House GOP caucus. Rabon, however, says that “some folks are going to pay attention” now that the Senate passed another chamber’s nursing regulations bill that included his medical marijuana amendment.

We have work to do. “We don’t have to be stonewalling,” said. Both bills are healthcare-related, and I believe they should both be passed during this session.

Rabon did not rule out the possibility of taking the same actions on other House Bills to force consideration for the cannabis measure which passed the Senate in March as a stand-alone , and which received an initial hearing last month in the House Health Committee.

The tactic of amending the constitution hasn’t been well received by everyone. The News & Observer reported that Rep. Mike Clampitt, (R), was “appalled by” the move.

Clampitt, speaking of the medical marijuana bill in general, said that it had been a contentious issue and a topic of great division within the House. “And for the Senate, to minimize all that and make a joke of it is very embarrassing for me for our General Assembly.”

He said: “They want games. I think it’s unfortunate for North Carolina citizens.” “It does no one any good.”

Rabon’s Bill would allow qualifying patients such as those with cancer, epilepsy and post-traumatic disorder (PTSD) to purchase and possess cannabis at licensed dispensaries.

The bill would also create a Compassionate Cannabis Production Commission and Advisory Board to oversee the implementation of the program. To that end, and while the fate for the main bill is still in flux, this week the Senate passed an measure that names a new member to the Medical Cannabis Production Commission. This will take effect upon the enactment legislation.

The House Speaker previously stated that he believed the chances of passing the medical cannabis bill are “better” now than they were before. This is despite his recent comments which cast doubt on its prospects to be brought up this year.

Moore said the dynamics surrounding marijuana reform had changed with “a number of new members.” Moore said that he was “not 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 able to access 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 “would undertake objective, scientific research on the use of cannabis or cannabis-infused product as part of a medical treatment.”

Many advocates have pushed for specific equity provisions to be included in legalization legislation.

Marijuana Moment tracks more than 1,000 cannabis and psychedelics bills, as well as drug policy legislation in state legislatures this year. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.

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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, pointing out racial disparities.

Cooper’s support for decriminalization has only been a recent development. In October he publicly backed this policy change, saying it was time to “end stigma.” He also announced that he had taken steps to independently grant relief to those with previous 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 for cannabis 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 a ounce to 1.5 ounces cannabis 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.


Minnesota Governor Seeks Director for State’s New Marijuana Regulatory Agency to Oversee Legalization Roll-Out

Photo by Brian Shamblen.

The post North Carolina Senate Approves Medical Marijuana Regulatory Appointee As House Leader Says Heavy-Handed Tactics Are Not Helping Legalization’s Fate first appeared on Marijuana Minute.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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