Bill Summaries: H983 (2015-2016 Session)

Tracking:
  • Summary date: Apr 26 2016 - View summary

    Enacts new GS 90-94.2 allowing an individual to possess or use marijuana or tetrahydrocannabinols if: (1) the individual has been diagnosed with a terminal or chronic illness by a licensed physician; (2) the individual's use or possession of marijuana or tetrahydrocannabinols is pursuant to a written recommendation issued by a licensed physician who, in the course of treating the terminal or chronic illness, has determined that marijuana or tetrahydrocannabinols alleviates the illness or symptoms; (3) the individual has obtained from the Department of Revenue a Medical Marijuana tax stamp as provided under GS 105-113.108; (4) unless diagnosed with a chronic illness by a licensed physician, the individual is under hospice care; and (5) the marijuana is for the individual's personal use.

    Amends GS 105-113.106, which includes the definitions for Unauthorized Substances Taxes, to specify that a dealer includes those who possess three ounces of medical marijuana. Makes conforming changes. Defines medical marijuana as marijuana for distribution to individuals allowed to possess or use it under GS 90-94.2.

    Amends GS 105-113.107 to tax marijuana that is used for or for synthetic cannabinoids used in place of medical marijuana at the rate of $8 per ounce plus an additional rate depending on the strength. 

    Makes conforming changes to GS 105-113.107A.

    Amends GS 105-113.108 to require dealers of medical marijuana to provide specified information on themselves and the person to whom the dealer distributes the medical marijuana. Places the burden of proof in establishing that the marijuana was medial marijuana on the dealer. Amends the report that local and state law enforcement agencies must provide to the Department of Revenue to require a report to be made when an arrest or seizure  where a stamp has not been affixed and involves more than three ounces of medical marijuana.

    Effective July 1, 2016.