AN ACT AMENDING THE EXEMPTION FOR USE OR POSSESSION OF HEMP EXTRACT AND PERMITTING THE USE OF HEMP EXTRACT AS AN ALTERNATIVE TREATMENT FOR INTRACTABLE EPILEPSY WITHOUT PARTICIPATING IN A PILOT STUDY AND REPEALING THE EPILEPSY ALTERNATIVE TREATMENT ACT IN 2021. Enacted July 16, 2015. Section 1 is effective August 1, 2015. The remainder is effective July 16, 2015, except as otherwise provided.
Summary date: Jul 20 2015 - View summary
Summary date: Jul 1 2015 - View summary
Senate amendments make the following changes to the 3rd edition.
Amends the long title. Amends GS 90-94.1 replacing an exemption to penalties for the possession or use of hemp extract for those that possess a current hemp extract registration card with an exemption for those that are considered caregivers pursuant to GS 90-113.101. Makes conforming changes.
Amends GS 90-113.100 concerning the short title for the Epilepsy Alternative Treatment Act, clarifying that the purpose of the act is to use hemp extract as an alternative treatment for intractable epilepsy. Also amends the definitions section of the act, providing that a caregiver is now defined as an individual that is at least 18 years old and a resident of NC, who is also a parent, legal guardian, or custodian of a patient that is registered and in possession of written documentation that contains specified information. Deletes the term Caregiver Registration Card. Makes conforming changes.
Amends GS 90-113.102, concerning the Intractable Epilepsy Alternative Treatment Database, requiring all caregivers to be registered with the Department of Health and Human Services (DHHS). Authorizes law enforcement agencies to contact DHHS to confirm registration. Amends the information required to be included in the database. Deletes a requirement that DHHS must contact the county department of health where the patient resides to provide specified information.
Instead of amending the statutes, repeals GS 113.103 (concerning the registration of neurologists) and GS 90-113.104 (concerning the caregiver registration card).
Amends GS 90-113.105, concerning immunity for neurologists, deleting requirements that the neurologist conducting a pilot study keep and transmit specified patient evaluations and observations to DHHS. Further provides that the identities of the caregivers, patients, and neurologists reported to DHHS are confidential and not public record, except that such information can be provide to law enforcement as provided in GS 9-113.102.
Amends the effective date clause providing that Section 1 of the act, amending GS 90-94.1, is now effective August 1, 2015, applying to offenses committed on or after that date.
Amends GS 90-94.1(a) to provide that hemp extract as approved for use pursuant to this act, can be composed of less than nine-tenths of one percent (0.9%) tetrahydrocannabinol (THC) by weight [(previously, provided must be five-tenths of one percent (0.5%)].
Encourages and allows UNC at Chapel Hill and East Carolina University, and encourages Duke University, and Wake Forest University to conduct research on hemp extract development, production, and use for the treatment of seizure disorders and to participate in future or ongoing clinical studies or trials.
Amends amendment #1 by placing a requirement in GS 90-113.102, concerning the Intractable Epilepsy Alternative Treatment Database, that caregivers must notify DHHS in regards to any changes made concerning the name, address, or hospital affiliation of the patient's neurologist.
Amends the long title.
Repeals the Epilepsy Alternative Treatment Act, GS Chapter 90, Article 5G, effective July 1, 2021.
Summary date: Jun 11 2015 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends the effective date of SL 2014-53, concerning the Intractable Epilepsy Alternative Treatment Pilot Study Program and Registry, now providing that all provisions of SL 2014-53 are effective upon becoming law (previously, Section 3 of the act concerning exemption for use or possession of hemp extract was only effective upon the adoption of certain temporary administrative rules).
Directs the Department of Health and Human Services to establish and adopt rules to implement the provisions of the act.
Summary date: Apr 22 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Changes the act's effective date from December 1, 2015, to when the act becomes law.
Summary date: Apr 16 2015 - View summary
Amends GS 90-94.1(a) to provide that "hemp extract" means an extract from a cannabis plant or a mixture containing cannabis plant material with all of the following characteristics: (1) contains less than five-tenths (was, three-tenths) of one percent of tetrahydrocannabinol by weight; (2) is composed of at least 5% (was, 10%) cannadidiol by weight; and (3) contains no other psychoactive substance.
Amends GS 90-113.100, the North Carolina Epilepsy Alternative Treatment Act. Declares that the purpose of this act is to permit medical professionals to use hemp extract to treat intractable epilepsy (was, permitted medical professionals to conduct evidence-based studies that were limited in scope to explore using hemp extract to treat intractable epilepsy). Deletes provision that declares it to be a finding of the General Assembly that additional study of the use of hemp extract for treating intractable epilepsy is needed.
Amends GS 90-113.101, regarding definitions for terms as they apply in this statute, to remove from the definition of neurologistthe specification that the individual must be affiliated with the neurology department at specific universities licensed in this state. Deletes the definition for pilot study.
Amends GS 90-113.102 and GS 90-113.103 to remove all references to conducting a pilot study of the use of hemp extract to treat intractable epilepsy. Requires a neurologist seeking to use hemp extract as an alternative treatment for intractable epilepsy for one or more patients to submit an application to the Department of Health and Human Services (DHHS) providing the name of the neurologist, the name of the hospital with which the neurologist is affiliated, an explanation of the treatment protocols involved, and any other information that DHHS deems necessary. Requires DHHS to register in the database the neurologists whose applications are approved.
Makes conforming changes to GS 90-113.104 and GS 90-113.105, deleting all references to conducting a pilot study.
Becomes effective December 1, 2015.