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Is Medical Marijuana Legal in North Carolina? Here's What You Need to Know


While marijuana is not legal for recreational or medical use in North Carolina, a popular loophole in hemp legislation has made it possible to get legally stoned. Laws around marijuana largely revolve around the psychoactive chemical delta-9 THC. 


North Carolina stands as one of the few states without legal medical marijuana, despite increasing public support and legislative efforts to change this status. This article delves into the current legal landscape, ongoing legislative efforts, and the potential benefits of medical marijuana for residents of the Tar Heel State.


The Current Legal Landscape

In North Carolina, hemp and products derived from hemp are legal, provided they contain less than 0.3% delta-9 THC. This has created a loophole allowing for the sale of products containing delta-8 THC, a psychoactive compound found in hemp that produces similar effects to delta-9 THC. Delta-8 products are widely available and offer an alternative for those seeking the benefits of THC without violating state law.


The most significant legislative effort to legalize medical marijuana in North Carolina is the Compassionate Care Act. This bill has passed the state Senate multiple times but continues to face hurdles in the House. The act aims to provide marijuana and marijuana-infused products to qualified patients with debilitating medical conditions through a regulated medical marijuana supply system.


Despite repeated attempts, the bill has not yet become law, largely due to opposition within the House. Proponents argue that legalizing medical marijuana would provide much-needed relief to patients suffering from conditions such as cancer, epilepsy, and PTSD. Opponents, however, cite concerns about the lack of FDA approval and the potential for abuse.


A recent Supreme Court ruling has impacted the path to rescheduling marijuana as a Schedule III substance. Rescheduling would acknowledge the medical use of marijuana and represent a significant step towards legalizing it in North Carolina. This change would align federal law with the growing recognition of marijuanas’ medical benefits and could pave the way for state-level legalization.


The Cherokee Dispensary

The Eastern Band of Cherokee Indians opened North Carolina’s first medical marijuana dispensary in April 2023. Located on sovereign land, this dispensary operates independently of state law, offering a glimpse into what a regulated marijuana market could look like in North Carolina. The opening has sparked renewed optimism among advocates and business owners, although it remains an isolated case due to its unique legal status.


Natacha Andrews, CEO of the Charlotte-based National Association of Black Cannabis Lawyers, highlighted the dispensary's significance while pointing out the broader issue of state-level legalization. "That seems rather hypocritical for us to say, 'Look what we did in North Carolina,' because we didn't do this," Andrews said. "It's a sovereign nation. So, they have the absolute right to do that."


Public Support and Political Stance

Support for medical marijuana in North Carolina is strong. Over 80% of residents polled have expressed support for legalizing marijuana for medical use. This widespread support reflects a growing recognition of the therapeutic benefits of marijuana and a desire for alternative treatment options.


Despite public support, political challenges remain. Some lawmakers, such as state Senator Jim Burgin, continue to oppose medical marijuana, citing concerns about its medical legitimacy and potential for abuse. "It's not FDA approved," Burgin said. "Federal government doesn't recognize it. It is still on the controlled substance list. And I have some real problems with it."


Estimates suggest that North Carolina could generate over $15 million in the first year of legalized medical marijuana through application fees and taxes. While some lawmakers argue that health concerns should take precedence over profit, the economic benefits cannot be ignored.


Why Medical Marijuana Is the Right Choice

Obtaining a medical marijuana card provides essential legal protection for patients. Without this card, possessing marijuana can lead to severe consequences, including hefty fines and incarceration. A medical marijuana card allows patients to use their medication legally and without fear of prosecution. 


Additionally, medical marijuana from state-licensed dispensaries adheres to strict quality and safety standards. This ensures patients receive products free from contaminants and accurately labeled for potency and composition, a guarantee not offered by unregulated sources. Medical marijuana has demonstrated therapeutic benefits for numerous serious health conditions. 


Patients suffering from chronic pain, epilepsy, multiple sclerosis, and cancer-related symptoms have reported significant improvements in their quality of life. For many, medical marijuana offers an effective alternative to traditional pharmaceuticals, often with fewer side effects.


Preparing for the Future

Advocacy groups like NORML continue to push for the legalization of medical marijuana in North Carolina. Their efforts focus on educating the public and lawmakers about the benefits of marijuana and addressing the stigma associated with its use. As the legal landscape evolves, these efforts will be crucial in shaping future legislation.


The path to legal medical marijuana in North Carolina may be uncertain, but preparation is key. Patients should stay informed about legislative developments and be ready to apply for medical marijuana cards when the opportunity arises. Healthcare providers, too, should be prepared to offer informed recommendations and support to patients seeking alternative treatments.


"The way that I work with people within the state is to prepare them for what's to come," said Andrews. "It may not come in six months but this is an inevitability. As the globe sort of moves towards this recognition of what marijuana is, and how it can be beneficial in the lives of many, many people. It's something we're going to have to recognize, and it's better to be prepared."


Summary

While North Carolina has yet to legalize medical marijuana, the ongoing legislative efforts and increasing public support suggest that change is on the horizon. The Compassionate Care Act, the Eastern Band of Cherokee Indians' dispensary, and the push for federal rescheduling all represent significant steps towards a legal and regulated medical marijuana program in the state.


For residents, understanding the current legal landscape and staying informed about future developments is crucial. Medical marijuana offers significant legal, health, and safety benefits, making it a vital option for patients in need. As North Carolina moves closer to potential legalization, being prepared and advocating for sensible marijuana policies will be essential.


Get Ready for Medical Marijuana

Although medical marijuana is still not legal in North Carolina, it may be legalized soon! You should be sure you are prepared for the program to become operational as soon as possible. In order to do this, you will need to get your medical marijuana card.


Reserve an evaluation online today, and we’ll book an appointment for you with one of our compassionate doctors just as soon as North Carolina’s medical marijuana market is fully operational.


You and your new doctor will meet virtually, using your smartphone, tablet, or computer for a telemedicine appointment. You’ll learn all about how medical marijuana may be able to help your conditions, without even leaving the comfort and safety of your own home. And you’ll even save $25 off the cost of the evaluation!


Doctors Who Care.

Relief You Can Trust.


Helping everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.


If you have any questions, call us at (833) 781-7320, or simply reserve a medical marijuana evaluation to start getting relief you can trust today!

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