GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    1

HOUSE BILL 317

 

 

Short Title:        Medical Marijuana for Terminally Ill Patients.

(Public)

Sponsors:

Representatives Alexander, Carney, Harrison, and Cunningham (Primary Sponsors).

For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.

Referred to:

Judiciary I, if favorable, Health, if favorable, Regulatory Reform.

March 23, 2015

A BILL TO BE ENTITLED

AN ACT to allow patients with a terminal or debilitating illness to lawfully use marijuana and tetrahydrocannabinols.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:

"§ 90‑94.2.  Exemption for use of marijuana or tetrahydrocannabinols by patients with terminal or debilitating illness.

(a)        Notwithstanding any other provision of this Chapter, an individual may possess or use marijuana or tetrahydrocannabinols, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria:

(1)        The individual has been diagnosed with either a terminal illness or a debilitating illness by a licensed physician.

(2)        The individual has been admitted to hospice or is at home under the care of hospice.

(3)        The individual's use or possession of marijuana or tetrahydrocannabinols occurs pursuant to a valid prescription or written recommendation issued by a licensed physician who, in the course of treating the terminal or debilitating illness, has determined that marijuana or tetrahydrocannabinols alleviates the illness or symptoms associated with the illness.

(b)        As used in this section, "debilitating illness" means a chronic and substantial inability, as a result of a physically debilitating illness, disease, or injury, to care for oneself, a minor child, or both."

SECTION 2.  This act becomes effective December 1, 2015.