Bill Summary for S 315 (2019-2020)

Summary date: 

Jul 17 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 315 (Public) Filed Wednesday, March 20, 2019
AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS OF THE STATE.
Intro. by B. Jackson, Sanderson, Johnson.

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Bill summary

House committee substitute to the 6th edition makes the following changes. 

Amends the proposed definition of smokable hemp set forth in GS 106-568.51, applicable to Article 50E, as amended, the NC Hemp Commission. Now defines the term 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 (previously, a product that does not exceed the federally defined THC level for hemp in a form that allows THC to be introduced into the human body by inhalation of smoke, including hemp buds, hemp flowers, whole or ground raw hemp plant material, hemp cigars, and hemp cigarettes). Now excludes hemp extracts from smokable hemp.

Adds to the qualifications for licensed cultivators and handlers of hemp set out in GS 106-568.53A. Extends all rights and privileges granted to the licensee to the licensee's spouse so long as the spouse meets all other qualifications for licensure. Additionally, deems the license transferrable to a member of the licensee's immediate family upon the death or incapacity of the licensee, so long as the transferee meets all other qualifiications for licensure. Requires the NC Hemp Commission to modify the licensure to reflect the transfer to the transferee upon death of the licensee without the licensure applying for a new license. Requires the transferee to submit to and pay the NC Hemp Commission for an annual criminal background check if one is not currently on record. Makes identical additions to the licensure qualifications set forth in proposed GS 106-568.63, effective July 1, 2021, which mirrors those set forth in GS 106-568.53A.

Amends GS 106-568.57, making it a Class 2 misdemeanor to sell hemp, hemp products, or hemp extracts to a person under 18 years old. Changes the effective date of the proposed changes to GS 106-568.57, making the changes effective December 1, 2019, and applicable to offenses committed on or after that date (no longer the later of that date or 30 days after the effective date of specified federal regulations being adopted).

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 with no exceptions. 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 hemp products or hemp extracts, but included smokable hemp, except for hemp plants or parts of hemp plants grown or handled by a licensee for processing or manufacturing into a legal hemp product). 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.

Modifies the proposed changes to GS 90-94 to remove the proposed statutory cross-reference to the definitions of hemp products and hemp extracts.

Changes the effective date of Section 2 of the act (amending GS 90-87 and GS 90-94, and enacting GS 90-94.5), making the changes effective December 1, 2019, and applicable to offenses committed on or after that date (no longer the later of that date or 30 days after the effective date of specified federal regulations being adopted). No longer sunsets Section 2 on July 1, 2021. Makes conforming changes.

Amends the proposed definition of smokable hemp set forth in new GS 106-568.61, applicable to new Article 50F, NC Hemp Program. Now defines the term to mean a material, compound, mixture, or preparation (rather than a product) that allows THC to be introduced into the human body by inhalation of smoke. Adds that the term includes whole or ground raw hemp plant material, including hemp buds and hemp flowers.

Modifies the civil penalties provisions set forth in proposed GS 106-568.66 to no longer provide a civil penalty for knowingly or intentionally manufacturing, delivering, selling or possessing smokable hemp. Instead, amends proposed GS 106-568.67, adding to the Article's criminal penalties. Makes it a Class 2 misdemeanor to sell hemp, hemp products, or hemp extracts to a person less than 18 years old (identical to the proposed changes to the criminal penalty provisions of Article 50E, GS 106-568.57).

Eliminates proposed GS 106-568.56(a)(5), which permitted assessing a civil penalty for knowingly or intentionally manufacturing, delivering, selling, or possessing smokable hemp, effective December 1, 2019.

Further amends GS 153A-340 to require properties used for shooting sports to also comply with local zoning and development ordinances.

Amends proposed GS 139-8.2 to except from the confidentiality provisions complaints to a soil and water conservation district resulting in a determination that a violation of law has occurred.

Deletes the changes to GS 143-215.71 and GS 143B-135.238 concerning duplicate funding for projects under the Environmental Quality Incentives Program.

Eliminates the directive requiring the Department of Environmental Quality (DEQ) to develop performance management procedures for projects funded as part of the Western Stream Initiative. Makes conforming deletions of the reporting requirements, proposed GS 143-215.72(d)(3).

Eliminates the directive requiring the Office of the State Auditor to conduct an audit of the Western Stream Initiative funding for projects managed by the Resource Institute.

Eliminates the directive requiring the Environmental Review Commission to study matters related to decommissioning of utility-scale solar projects.

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