Bill Summary for S 315 (2019-2020)

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Summary date: 

Jun 11 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 315 (Public) Filed Wednesday, March 20, 2019
Intro. by B. Jackson, Sanderson, Johnson.

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Bill summary

Senate committee substitute modifies and adds to the 2nd edition as follows. 

Deletes the proposed changes to GS 90-95 concerning penalties for hemp licensees with regard to Schedule VI controlled substance violations. Instead, enacts GS 90-94.5 to establish immunity for individuals possessing a valid hemp license issued by the NC Hemp Commission (Commission) from prosecution under the specified controlled substance laws with respect to the commodity cultivated by the licensee containing a THC level that exceeds the federally defined THC level for hemp. Excludes willful, knowing, or intentional violations from immunity. Specifies that no criminal penalty can attach to the specified negligent violations concerning production of cannabis with more than the federally defined THC level for hemp. Instead establishes that the penalty for a licensee's negligent violation will be determined by the Commission pursuant to GS 106-568.55B, as enacted. Effective and applies to offenses committed on or after the later of December 1, 2019, or 30 days after the effective date of specified regulations adopted by the US Department of Agriculture, and expire July 1, 2021. Enacts the same statute with nearly identical provisions, effective July 1, 2021; however, provides immunity for individuals possessing hemp licenses issued by the Department of Agriculture and Consumer Services rather than the Commission. Makes a conforming change to the statutory cross reference concerning disciplinary action for licensees.