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Position Filled on North Carolina MMJ Board, Despite Lagging Medical Cannabis Reform

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Even though cannabis is still legal for most purposes in North Carolina, that isn’t keeping the state from thinking ahead and planning for its future markets.

Namely, Stephen Windham has been cleared to fill a position on a medical cannabis commission that doesn’t exist yet, since the medical cannabis program itself still hasn’t been approved, according to a Marijuana Moment report.

Earlier this year, a bill to enact legalization stalled out in the legislature, sponsored by Sen. Bill Rabon (R). It passed the Senate but failed to advance in the House during the first half of the two-year session. Still, Rabon included a Medical Cannabis Production Commission appointment in July as part of a broader measure to show his commitment to establishing reform in the state.

Should North Carolina move to legalize medical cannabis, Windham will serve a term through July 1, 2027. Should the bill become law, it would task the commission with ensuring that there is an adequate supply of medical cannabis for patients in the state while also overseeing cannabis business licensing.

The legislation, Senate Bill 3, advanced through the Senate in March but stalled in the House, due to a rule requiring a majority of the GOP caucus to support a bill to bring it to the floor. House Majority Leader John Bell said last month that the cannabis measure “unfortunately” didn’t gain enough support this round to hit the floor, though he said it’s likely it will come back next year.

Rabon has been pushing for reform for years and pulled out all the stops this session to push the opposing chamber to consider the bill. As the legislation lagged in the House, Rabon attached an amendment to another House bill, with its effectiveness hinging on medical cannabis reform receiving a green light.

House Speaker Tim Moore (R) also said in the past that the dynamics surrounding cannabis reform have changed, citing the many new members in the chamber and claiming he would “not be surprised at all if that bill moved.”

The bill would allow patients to access cannabis if they have a “debilitating medical condition” like cancer, epilepsy, HIV/AIDS, Parkinson’s disease, multiple sclerosis and post-traumatic stress disorder. The bill would allow smoking and vaping, but doctors would need to prescribe specific methods of delivery and dosages for patients, as outlined in the revised legislation. Doctors would also be required to review patient eligibility for the program at least once a year.

It also allows up to 10 medical cannabis suppliers to control the cultivation and sale of cannabis, with each allowed to operate up to eight dispensaries — double the cap outlined in the earlier version of the legislation.

The legislation would establish a Compassionate Use Advisory Board, which would be able to add new qualifying medical conditions. The Medical Cannabis Production Commission, which the bill would also create, would be responsible for ensuring that there is an adequate supply of cannabis for patients, oversee licensing and generate enough revenue to regulate the program.

The measure would also create a North Carolina Cannabis Research program, aimed to “undertake objective, scientific research regarding the administration of cannabis or cannabis-infused products as part of medical treatment.”

Among the many actions included in the bill, it seems to be missing specific equity provisions often included in cannabis reform legislation. It specifies that the legislature meant to “prioritize the protection of public health and safety in the creation of a system for the cultivation, processing, and selling of medical cannabis” through the bill.

When the bill was deemed effectively dead for the session in July, House Majority Leader John Bell echoed Moore’s sentiments and told Spectrum News that he believed medical cannabis legalization would return as a focus during next year’s chief legislative session, which will likely begin in May.

“There’s passion on both sides,” Bell said. “We have members of our caucus that are 100% supportive of it, and we have other members that are 100% against it.”

Sen. Paul Lowe (D), another lead sponsor of the bill, told the Raleigh News & Observer that it is “by no means” dead and that discussions with the House Speaker and other members of the Republican leadership team are “ongoing.”

“I think there are some members of his caucus that are reevaluating things and looking at it, and I think they’re gonna come around,” Lowe said. “… If we don’t finish it in the long session, we’ll deal with it in the short session (next year). I feel pretty confident about it.”