Section 3


3. Protections for the medical use of cannabis marijuana:
(a) A qualified patient shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the possession or purchase of cannabis for medical use by the qualified patient if the quantity of usable cannabis possessed or purchased does not exceed an adequate supply, as determined by the qualified patient’s medical care provider.
(a)(2) Any patient who does have the rights given by God to cultivate one’s own personal supply of medicines that are in plant form. Cannabis is a plant that is medicine. Therefore, each patient does have the right to produce a 250 square foot garden. The patient will agree to give exact cordences of the garden. The patients will agree to a search of the garden if probable cause if just and valid. Medical cannabis patients do have the right to posses a year supply of dried flowers from cannabis for medication using route best suitable for the patient, including smoking of dried flowers. The Medical Cannabis Patient is allotted 36 female plants within the patient’s home grown garden for self supply and also to aid in Medical Cannabis Collective efforts to ensure the cost is affordable for all Medical Cannabis Patients in the State of North Carolina.
(b) If usable cannabis is infused or added as an ingredient to food, salve, tincture, or any other preparation to be consumed or used by a qualified patient, the weight of the other ingredients that are not usable cannabis shall not be included for the purpose of determining whether a qualified patient is in possession of an amount of cannabis that exceeds the qualified patient’s adequate supply.
(c) Subsection (a) of this section does not apply to a qualified patient under 18 years of 10
age, unless all of the following criteria are met:
(1) The qualified patient’s physician, practicing nurse practitioner, or registered nurse, has explained the potential risks and benefits of the medical use of cannabis to the qualified patient and to a parent, guardian, or person having legal custody of the qualified patient (ii) serve as the qualified patient’s designated caregiver, and (iii) control the dosage and frequency of the medical use of cannabis by the qualified patient.
(d) A qualified patient or a designated caregiver shall be granted the full legal protections provided in this section as long as the qualified patient or designated caregiver is in possession of a registry identification card. If the qualified patient or designated caregiver is not in possession of a registry identification card, the individual shall be given an opportunity to produce the registry identification card before the initiation of any arrest, criminal charges, or other penalties.
(e) A qualified patient or a designated caregiver is presumed to be engaged in the medical use of cannabis if the qualified patient or designated caregiver is in possession of a registry identification card and an amount of cannabis that does not exceed the qualified patient’s adequate supply. This presumption may be rebutted only by evidence that the qualified patient or designated caregiver engaged in conduct related to cannabis for a purpose other than alleviating the qualified patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.
(f) A designated caregiver may receive reimbursement for costs associated with assisting a qualified patient in the medical use of cannabis. Reimbursement for these costs does not constitute the sale of a controlled substance under Article 5 of Chapter 90 of the General Statutes.
(g) A school, employer, or landlord shall not refuse to enroll, employ, lease, or otherwise penalize a qualified patient or a designated caregiver solely because of (i) the individual’s status as a qualified patient or a designated caregiver or (ii) the presence of cannabis metabolites in the individual’s bodily fluids.
(h) For the purposes of medical care, including organ transplants, a qualified patient’s authorized use of cannabis in accordance with this Article shall be treated in the same manner as the authorized use of any other medication used at the direction of a physician and shall not constitute the use of an illegal substance.
(i) A licensed producer of cannabis or a Medical Cannabis Patient shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, or subject to disciplinary action by a business or occupational or professional licensing board or bureau for producing, possessing, distributing, or dispensing cannabis in a manner consistent with this Article that the patient may benefit from the medical use of cannabis if, in the medical care provider’s medical judgment, the potential benefits of the medical use of cannabis would likely outweigh the health risks for that particular patient.
(2) Providing a patient with valid documentation, based upon the physician’s
assessment of the patient’s medical history and current medical condition, that
the potential benefits of the medical use of cannabis would likely outweigh the
health risks for that particular patient.
(l) A medical care provider shall not be subject to arrest, prosecution, or penalty in any manner, or
denied any right or privilege, or subject to disciplinary action by a business or occupational or
professional licensing board or bureau for discussing with a patient the benefits or health risks of
the medical use of cannabis or the interaction of cannabis with other substances.
(m) State and local law enforcement officers shall not harm, neglect, injure, or destroy an individual’s interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis, or acts incidental to the medical use of cannabis, while the property is in the possession of State or local law enforcement officials as a result of a seizure of the property in
connection with the claimed medical use of cannabis. A person does not forfeit any right or interest in property seized in connection with the medical use of cannabis under any provision of State law providing for the forfeiture of property, unless the forfeiture is part of a sentence
imposed upon the person as a result of a conviction of a criminal violation of this Article or entry
of a plea of guilty to such violation. Cannabis, paraphernalia, or other property seized from a
qualified patient, designated caregiver, or licensed producer of medical cannabis/medical cannabis collective/patient home grown garden in connection with the claimed medical use or production for medical use of cannabis shall be returned immediately upon the determination by a court, prosecutor, or law enforcement officer that the qualified patient, designated caregiver, or licensed producer of medical cannabis/medical cannabis collective/medical cannabis patient homegrown garden is entitled to the protections of this Article. In making this determination, the court, a prosecutor, or a law enforcement officer shall consider as evidence the failure of law enforcement officers to actively investigate the case, a decision not to prosecute, the dismissal of charges, or acquittal.
(n) A person shall not be denied custody of, or visitation or parenting time with, a minor
for conduct allowed under this Article.
(o) There is no presumption of neglect or child endangerment for conduct allowed under this Article.
(p) No person shall be subject to arrest or prosecution for constructive possession,
conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the
presence or vicinity of the medical use of cannabis as permitted under this Article or for assisting a qualified patient with using or administering cannabis.
(q) Possession of or application for a registry identification card shall not alone constitute
probable cause to search the person or the property of the person possessing or applying for a
registry identification card or otherwise subject the person or the person’s property to inspection by any government agency.
(r) If an individual being investigated by a law enforcement officer employed by a State-funded or locally funded law enforcement or locally funded law enforcement agency credibly asserts during the course of the investigation that the individual is a qualified patient or designated caregiver, neither the law enforcement officer nor the law enforcement agency shall provide any information, except as required by federal law or the United States Constitution, from any cannabis-related investigation of the individual to any law enforcement authority that does not recognize the protections of this Article. Any prosecution of the individual for a violation of this Article shall be conducted pursuant to the laws of this State.
(s) Cannabis produced and possessed under this Article is exempt from the Unauthorized
Substances Tax set forth in Article 2D of Chapter 105 of the General Statutes, and no tax under
that Article may be levied against any qualified patient, designated caregiver, licensed medical
cannabis center, licensed producer of medical cannabis, or licensed producer of cannabis-infused
products operating in accordance with this Article.
Nothing in this Article shall be construed to extend the protections of this Article to
any person, including a qualified patient, designated caregiver, or producer, to allow that person to acquire, possess, manufacture, produce, use, sell, distribute, dispense, or transport cannabis in a manner that is not consistent with this Article.