North Carolina § 90-94 - 1. Exemption for use or possession of hemp extract.

§ 90-94. 1. Exemption for use or possession of hemp extract.

As used in this section, "hemp extract" means an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that has all of the following characteristics: Is composed of less than nine-tenths of one percent (0.9%) tetrahydrocannabinol by weight. Is composed of at least five percent (5%) cannabidiol by weight. Contains no other psychoactive substance. Notwithstanding any other provision of this Chapter, an individual may possess or use hemp extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria: Possesses or uses the hemp extract only to treat intractable epilepsy, as defined in G.S. 90-113.101. Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight. Is a caregiver, as defined in G.S. 90-113.101. Notwithstanding any other provision of this Chapter, an individual who possesses hemp extract lawfully under this section may administer hemp extract to another person under the individual's care and is not subject to the penalties described in this Chapter for administering the hemp extract to the person if the individual is the person's caregiver, as defined in G.S. 90-113.101. Any individual who possesses or uses hemp extract, as defined under this section, shall dispose of all residual oil from the extract at a secure collection box managed by a law enforcement agency. No criminal penalty shall attach for any violation of this subsection. History (2014-53, s. 3; 2015-154, s. 1; 2018-36, s. 1.) Editor's Note. - Session Laws 2014-53, s. 5, made this section effective upon adoption of rules pursuant to Session Laws 2014-53, s. 4. Session Laws 2015-154, s. 8 deleted the first sentence, making the section effective July 3, 2014. Session Laws 2014-53, s. 1, provides: "The University of North Carolina at Chapel Hill and East Carolina University may, and Duke University and Wake Forest University are encouraged to, conduct research on hemp extract development, production, and use for the treatment of seizure disorders and to participate in any ongoing or future clinical studies or trials." Session Laws 2014-53, s. 4, provides: "No later than October 1, 2014, the Department of Health and Human Services shall establish and adopt temporary rules to implement the provisions of this act." Session Laws 2015-154, s. 9, provides, in part, that the amendments made by Session Laws 2015-154, s 1, became effective August 1, 2015, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2015-154, s. 1, effective August 1, 2015, substituted "nine-tenths of one percent (0.9%)" for "three-tenths of one percent (0.3%)" in subdivision (a)(1), and substituted "five percent (5%)" for "ten percent (10%)" in subdivision (a)(2); and rewrote subdivision (b)(3) and subsection (c). For applicability, see editor's note. Session Laws 2018-36, s. 1, effective December 1, 2018, added subsection (d).