Updated CBD Bill Gives North Carolinians Limited Access to Medical Marijuana

The “North Carolina Epilepsy Alternative Treatment Act” went into effect on August 1st 2015. Governor McCrory signed HB 766 into law two weeks earlier giving neurologists the authority to recommend low-THC cannabis oil to qualifying patients.

The law provides a legal exemption for caregivers of patients with intractable epilepsy to possess hemp extract under the following conditions:

  • The “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 (THC) by weight.
  • Is composed of at least five percent (5%) cannabidiol (CBD) by weight.
  • Contains no other psychoactive substance.
  • Possesses or uses the hemp extract only to treat intractable epilepsy.
  • 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. A caregiver is defined as an individual that is at least 18 years of age and a resident of North Carolina who is a parent, legal guardian, or custodian of a patient, who possesses a written statement dated and signed by a neurologist that states all of the following:
    1) The patient has been examined and is under the care of the neurologist;
    2) The patient suffers from intractable epilepsy;
    3) The patient may benefit from treatment with hemp extract.
  • The caregiver must be registered in a database to be established by the NC Department of Health and Human Services (DHHS).

The Intractable Epilepsy Alternative Treatment Database
The updated law requires that DHHS create a secure and electronic Intractable Epilepsy Alternative Treatment database registry for the registration of neurologists, caregivers, and patients. All caregivers shall be required to register with the Department. Law enforcement agencies are authorized to contact the Department to confirm a caregiver’s registration. The database shall consist of the following information to be provided by the caregivers at the time of registration:

  • The name and address of the caregiver.
  • The name and address of the caregiver’s patient.
  • The name, address, and hospital affiliation of the neurologist recommending hemp extract as an alternative treatment for intractable epilepsy for the patient.
  • If at any time following registration, the name, address, or hospital affiliation of the patient’s neurologist changes, the caregiver shall notify the Department and provide the Department with the patient’s new neurologist’s name, address, and hospital affiliation.

To enroll in the database…
Contact the Department of Health and Human Services Mental Health, Developmental Disabilities, and Substance Abuse Services Division, Drug Control Unit.

Fquira Johannes:

919-733-2130

fquira.johannes@dhhs.nc.gov

Registration Form: NCEATA Registration Form

In an e-mail dated 7/31/2015, Rep. McElraft stated:
There is no age limit. The patient must have a note from a NC neurologist and intractable epilepsy in order to use this product legally in NC.  GW Pharma should have the Epidiolex approved within a year or two and then it should be covered by insurance.
Thanks Pat

Representative McElraft’s office notes that if the above conditions are met, caregivers should be careful about the source of the hemp extract, as some products may be superior to others. They suggested CW Hemp (the original creators of Charlotte’s Web CBD oil) which can be obtained through CWHemp.com.

Other sources of CBD oil include, but are not limited to,…

Palmetto Harmony
http://palmettoharmony.com/
This local company started in South Carolina by Janel Ralph.  She developed her company’s CBD products for her child with intractable epilepsy. Ms. Ralph stated that her company is able to ship their products, although they are not set up to do so on-line yet. She was recently named one of the 100 Most Influential Women in the cannabis industry by Skunk Magazine. She can be reached at 843-222-9322.

Mary’s Nutritionals
http://www.marysnutritionals.com/default.aspMary’s Nutritionals is operated as a legally separate, but identical sister company to Mary’s Medicinals. This Colorado based cannabis business has been given consistently high quality reviews. They test and report on the quality of their CBD products, all of which are shipped nationwide.
Graham Sorkin – Corporate Communications Specialist
818-268-4282
Graham@marysmedicinals.com

Excellent sources of information on cannabidiol are
Project CBD – http://www.projectcbd.org/

The North Carolina Medical Board lists 1,022 neurologists (some no longer actively practicing): http://wwwapps.ncmedboard.org/Clients/NCBOM/Public/LicenseeInformationResults.aspx

8 comments on “Updated CBD Bill Gives North Carolinians Limited Access to Medical Marijuana”

  • Sending a Happy Hippie booklet to all with an F on the report card along with my statement:   I’m 73, don’t care about smoking pot, but if others wish to that’s their choice; after all, I enjoy a glass of wine. I have taken Manitoba Harvest hemp oil every day for good health and want the opportunity to take cannabis oil high in CBD for optimal health. It took an inner ear virus three years ago leaving me with dizziness and balance issues to start my researching. I am a believer and supporter; just do your own researching. I have told all my doctors and specialist that if they tell me that I have cancer, I will go to the nearest state where it is legal for my treatment of choice.  Faye Lewark Daniels117 Glen Cross DriveStatesville, NC 28625   “If we could see the miracle of a single flower clearly, our whole life would change.” – Buddha From: NORML of North Carolina – Official Blog To: fldmail@yahoo.com Sent: Wednesday, August 5, 2015 9:54 PM Subject: [New post] Updated CBD Bill Gives North Carolinians Limited Access to Medical Marijuana #yiv7102641032 a:hover {color:red;}#yiv7102641032 a {text-decoration:none;color:#0088cc;}#yiv7102641032 a.yiv7102641032primaryactionlink:link, #yiv7102641032 a.yiv7102641032primaryactionlink:visited {background-color:#2585B2;color:#fff;}#yiv7102641032 a.yiv7102641032primaryactionlink:hover, #yiv7102641032 a.yiv7102641032primaryactionlink:active {background-color:#11729E;color:#fff;}#yiv7102641032 WordPress.com | NORML of North Carolina posted: “The “North Carolina Epilepsy Alternative Treatment Act” goes into effect on August 1st 2015. Governor McCrory signed HB 766 into law two weeks earlier giving neurologists the authority to recommend low-THC cannabis oil to qualifying patients.The law p” | |

    • I currently sell and have sold Hemp (not Cannabis) based CBD Vape, wax, oral spray and have found it to be very helpful to myself and my customers. I did write to one of the supporters of the bill and have not heard back as to how I can be an official distributor of this type of CBD (Cannabis based). I do have an issue with the bill only allowing this medicine for only one type of illness. It can help so many more. NC leaders need to be held accountable for every person they restrict access to. Just my two cents.

    • Great idea, Faye – postcards can be a very effective and inexpensive tool for communicating with legislators. We would encourage anyone to reach out to the legislature.

    • Hi Perry – the way some of the folks at NC NORML interpret the laws, federal laws would indeed be broken. North Carolina laws would not. We aren’t lawyers, and we admit some of our ideas may be incorrectly informed. However, the conclusions that NC NORML has reached about the legality and availability of CBD oil to qualifying patients in North Carolina show that it is within the scope of the law for people to have a CBD-oil recommendation from their neurologist, register in the state database, and buy the oil from the various businesses listed. At the time of this comment, all of those businesses will ship the CBD oil to North Carolina.

  • I’m happy that they passed this, but I’m disappointed that they didn’t legalize CBD for all pain patients & I’m disappointed that they killed HB 78.

  • Well its a start in the right direction but this is such a small small step. Its too generic and for only one illness is kinda sad. Marijuana helps in so many different ways and to pin it on one thing but illegal still for 99% of other beneficial facts. I really wouldn’t want to leave NC honestly, but trying to get into the industry and I wouldn’t want to wait a couple years until they decide to finally legalize (which every state will sooner or later) The next step should be to upgrade this bill, but adding other conditions as well. And if you see, the states legalizing are getting a lot of positive attention. While money shouldn’t be the first reason why marijuana needs to here in NC, there is millions to be made. I say we as a state need to join in an become part of this history makin event. We would excel here while only DC is the only other place in the southeast legal. I’d love to make this happen.

  • Mind bender
    It is so sad to loose someone you Love to cancer. The Government all a long has known the benefits of marijuana. It has been proven to stop the growth of cancers. The benefits of Marijuana out weigh there stupid Laws!
    Everything around us is controlled by Money and what Your government wants You to believe.
    Know these as facts, look them up for yourselves…..
    To believe, is taught…. challenge the word for yourselves,….
    Every Law, is a lose of more liberty…..
    You own nothing….. But you are owned…..
    Known Facts
    V/R MFCC

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