The following definitions apply in this Article:
(1) “Adequate supply” has the following meanings:
a. An amount of usable cannabis derived solely from an intrastate source that is possessed by a qualified patient, or collectively possessed by a qualified patient and the qualified patient’s designated caregiver, in an amount that does not exceed what is reasonably necessary to assure the
uninterrupted availability of cannabis for a period of three months, in any form recommended by the qualified patient’s physician for the purpose of alleviating the symptoms or effects of the qualified patient’s debilitating medical condition.
b. For a qualified patient for whom a delivery method of inhalation of cannabis vapor or smoking is recommended by the qualified patient’s Physician “adequate supply” means not more than 24 ounces of cannabis in a form usable for that purpose. The term also includes a garden cultivated by the qualified patient or the qualified patient’s designated caregiver of not more than 250 feet of total garden canopy of mature female cannabis plants, measured by the combined vegetative growth area, excluding any garden space devoted to cannabis plants that are not mature and female but which are cultivated for the purpose of, 1, Maintaining the largest and most productive canopy of mature female, 2, Cannabis plants allowed by this Article.
c . For a qualified patient for whom a delivery method other than inhalation of cannabis vapor or smoking has been recommended by the patient’s physician, “adequate supply” means a garden of cannabis cultivated by the qualified patient or the qualified patient’s designated caregiver of a size reasonably necessary to assure the uninterrupted availability of cannabis for a period of three months, in a form recommended by the qualified patient’s physician, practicing nurse practitioner, or registered nurse, for the purpose of alleviating the symptoms or effects of the qualified patient’s debilitating medical condition.
(2) “Bona fide medical care provider-patient relationship” means a physician, practicing nurse practitioner, or registered nurse and a patient have a treatment or counseling relationship in which the medical care provider has completed a full assessment of the patient’s medical history and current medical condition,including an appropriate physical examination; and the medical care provider is available or offers to provide follow-up care and treatment to the patient, including patient examinations, to determine the efficacy of the use of medical cannabis as a treatment for the patient’s medical condition.
(3) “Cannabis” means marijuana as defined in G.S. 90-87(16).
(4) “Cannabis-infused product” means a product infused with cannabis that is intended for use or consumption other than by inhalation, smoking, or otherwise. The term includes edible products, ointments, and tinctures.
(5) “Canopy” means the foliage of growing plants.
(6) “Canopy cover” means the area shaded by the foliage of growing plants.
(7) “Debilitating medical condition” means any of the following:
a. Cancer, gliomas, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, porphyria, amyotrophic lateral sclerosis (Lou 29
Gehrig’s disease or ALS), Alzheimer’s disease, nail-patella syndrome, fibromyalgia, severe migraines, multiple sclerosis, celiac disease, Crohn’s disease, diabetes mellitus, dystonia, gastrointestinal disorders, hypertension, incontinence, injury or disease to the spinal cord, spinal 33
column, or vertebra, methicillin-resistant Staphylococcus aureus (MRSA), myelomalacia, osteoporosis, pruritus, rheumatoid arthritis, sleep apnea, Tourette’s syndrome,Post Traumatic Disorder (PTSD), Anxiety, BiPolar Disorder, or the treatment of such conditions.
b. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe pain; severe nausea; anorexia; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS), amyotrophic lateral sclerosis (Lou Gehrig’s disease or ALS), or Crohn’s disease.
c. Any other serious medical or mental condition or its treatment approved by a physician, practicing nurse practitioner, registered nurse, or other practitioner authorized to prescribe or recommend a controlled substance classified in the schedules set forth in either the Controlled Substances Act (Article 5 of Chapter 90 of the General Statutes) or the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, P.L. 91-513, 84 Stat. 1236 (Oct. 27, 1970).
(8) “Designated caregiver” means a person who is at least 21 years of age and who has agreed to assist with a qualified patient’s medical use of cannabis who has proven to be no menace to society.
(9)”Licensed medical cannabis center” means a person licensed pursuant to number 6, in this section to operate a business that sells cannabis and cannabis-infused products to registry identification cardholders and other licensed medical cannabis centers.
(11) (A) “Licensed Medical Cannabis Growers Collective” means medical marijuana patients and caregivers may associate collectively or cooperatively in order cultivate and distribute medical marijuana. Also a group medical cannabis patients that agree to grow their own personal medication on their own land in accordance to all laws; in order to ensure the safest, purest, medications be available to the patients. What medication is left from the personal patient home grows are given to other patients with recommendations to use medical cannabis as a gift. This will ensure that access to medical cannabis is not denied to any patient.
In, State of California VS. Anderson, the court of appeals reversed a trial court which refused to let a jury consider whether the defendant was part of a lawful medical marijuana collective merely because marijuana was available for sale. The court of appeal held that not all members of the collective need to grow the marijuana. It is logical that some members of the cooperative specialize in growing and others may purchase the medical marijuana grown for medical use.
In, State of California VS. Orlosky, the court of appeals decided that even an informal argument among patients to cultivate marijuana for their medical use may constitute a collective. In Orlosky, the defendant and his friend were both users of medical marijuana and grew marijuana on their own property for their own medical use and if there were any left over it was to be used for others who also had medical marijuana recommendations.
(11) (B) “Licensed producer of medical cannabis” means a person licensed pursuant to number 6 in this section, to cultivate cannabis for sale to a licensed medical cannabis center.
11) (C) “Personal Patient Home Grow” means a grow of medical cannabis for personal use in a patient’s home for the patient’s own medical use. It should be deemed lawful that each medical marijuana should be allowed to grow a year’s supply of medicine, possessing no less than 24 female medical marijuana plants and no more than 36 female medical marijuana plants with no more than a 250 square foot garden for medical marijuana cultivation.
(12) “Medical use of cannabis” means the acquisition, possession, cultivation, manufacture, use,(Including dried flowers for smoking), internal possession, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualified patient’s medical condition or symptoms associated with the medical condition or its treatment.
(13) “Medical Care Provider” means a person licensed as a physician, nurse practitioner, or registered nurse, who is in good standing to practice medicine in this State.
(14) “Producer” includes a producer of medical cannabis and a producer of cannabis-infused products.
(15) “Qualified patient” means a person who has been diagnosed by a physician as having a debilitating medical condition.
(16) “Registry identification card” means a document issued by the North Carolina Department of Health and Human Services pursuant to number 5 in this section that identifies a person as a qualified patient or designated caregiver.
(17) “Registry identification cardholder” means a qualified patient or a designated caregiver who holds a valid registry identification card issued by the North Carolina Department of Health and Human Services pursuant to number 5 in this section.
(18) “Regulated medical cannabis supply system” or “system” means the system established by the North Carolina Department of Agriculture and Consumer Services pursuant to number 6 in this section to provide a safe method for producing and distributing cannabis to registry identification cardholders and persons licensed to produce and distribute cannabis and cannabis-infused products to registry identification cardholders.
(19) “Usable cannabis” means the dried buds and mature female flowers of the plant of the genus Cannabis, and any mixture or preparation thereof, that are appropriate for medical, including dried flowers for smoking.
(20) “Written certification” means a statement in a patient’s medical records or a statement signed by a medical care provider with whom the patient has a bona fide medical care provider-patient relationship indicating that, in the medical care provider’s professional opinion, the patient has a debilitating medical condition and the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient.
(21) “Medical Cannabis Plant Tag” means the tag will placed on each medical cannabis plant while in plant form at all times. Tag will indicate strain, germination date, and indicated potential use. A Medical Cannabis Tax Stamp will be present on this tag at all times.
(22) “Medical Cannabis Container Label” means the label that will be placed on all containers that contain medical cannabis at all times. The label will indicate the strain of cannabis, the potential use of, ready for consumption date, expiration date, weight, and any other labels that will need to applied as in accordance to law, a Medical Cannabis Tax Stamp will be on this label at all times.
(23) “Medical Cannabis Tax Stamp” means a stamp placed on each plant tag and medical cannabis container. This stamp will plainly state the rate of tax in which is to applied if sold for medical use only. Medical use only will be placed on the Medical Cannabis Tax Stamp to ensure that laws are being regulated.