Bill Summary for H 766 (2015-2016)

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Summary date: 

Jul 1 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 766 (Public) Filed Tuesday, April 14, 2015
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.
Intro. by McElraft.

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Bill summary

Senate amendments make the following changes to the 3rd edition.

Amendment #1

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. 

Amendment #2

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%)]. 

Amendment #3

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.

Amendment #4

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. 

Amendment #5 

Amends the long title.

Repeals the Epilepsy Alternative Treatment Act, GS Chapter 90, Article 5G, effective July 1, 2021.