Bill Summary for S 352 (2019-2020)

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Summary date: 

Jul 17 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 352 (Public) Filed Monday, March 25, 2019
AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT.
Intro. by McInnis, J. Davis.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Further amends GS 90-87 to modify the definition of marijuana under the Controlled Substances Act, Article 5, GS Chapter 90, now explicitly including smokable hemp in the defined term. Defines smokable hemp to mean harvested raw or dried hemp plant material, in a form intended to allow THC to be introduced into the human body by inhalation of smoke, including hemp buds or hemp flowers, hemp cigars, and hemp cigarettes; excludes hemp extracts. Now explicitly excludes from the term marijuana hemp held by a licensed hemp cultivator or handler, hemp products, or hemp extract (previously, excluded industrial hemp when produced and used in compliance with the rules of the Industrial Hemp Commission). Permits a licensed cultivator or licensed handler to possess raw hemp plant material for the purpose of selling the raw hemp plant material to a licensed handler or a person who may legally receive the raw hemp plant material in that person's jurisdiction, or processing the raw hemp plant material into a hemp product or hemp extract. Additionally, defines hemp and hemp extract. Defines hemp product to mean any product within a specified concentration of THC derived from or made by processing hemp plants or parts, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as federally approved, cloth cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol; excludes smokable hemp.

Amends GS 90-94 to exclude from schedule VI controlled substances tetrahydrocannabinols in hemp product and hemp extracts.

Maintains the act's effective date, making the changes applicable to offenses committed on or after December 1, 2019.