Jonathan D. Miller for NC Senate

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I have been forever impacted by the War On Weed. 

My life altered. My choices limited. I don't want to see another generation go through what I have. When I'm in the North Carolina Senate this is the first thing I'm doing. 

Cannabis prohibition hurts more people than it helps. I will not rest until we stop this injustice. 

I worked hard on this. It should be torn up and thrown out. Cannabis should be regulated like a collard green. My COMPROMISE to that is this: 

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2027
S 1
SENATE BILL *
Short Title: North Carolina Cannabis Regulation and Legalization Act.
(Public)
Sponsors: Senator Jonathan D. Miller.
Referred to: Rules and Operations of the Senate.
February 1, 2027

A BILL TO BE ENTITLED
AN ACT TO LEGALIZE, REGULATE, AND TAX THE RECREATIONAL USE OF CANNABIS IN NORTH CAROLINA; TO ESTABLISH THE NORTH CAROLINA CANNABIS CONTROL COMMISSION; TO PROVIDE FOR LICENSING AND REGULATION OF CANNABIS BUSINESSES; TO SET POSSESSION AND CULTIVATION LIMITS; TO IMPOSE PENALTIES FOR VIOLATIONS; TO PROVIDE SOCIAL EQUITY PROVISIONS FOR INDIVIDUALS WITH PRIOR CANNABIS-RELATED FELONIES; AND TO APPROPRIATE FUNDS.

The General Assembly of North Carolina enacts:

SECTION 1. This act shall be known and may be cited as the "North Carolina Cannabis Regulation and Legalization Act."

SECTION 2. Chapter 90 of the General Statutes is amended by adding a new Article to read:
Article 5H.
Cannabis Regulation.

§ 90-113.200. Definitions.
The following definitions apply in this Article:
(1) Cannabis. – All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinoids. The term does not include hemp as defined in G.S. 106-568.51 or the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(2) Cannabis concentrate. – A product obtained by separating cannabinoids from cannabis by a mechanical, chemical, or other process.
(3) Cannabis-infused product. – A product infused with cannabinoids, including but not limited to edible cannabis products, ointments, and tinctures.
(4) Cannabis product. – Cannabis, cannabis concentrates, cannabis-infused products, or any other product containing cannabinoids intended for human consumption.
(5) Commission. – The North Carolina Cannabis Control Commission established under G.S. 90-113.201.
(6) Mature cannabis plant. – A cannabis plant that has flowers or buds that are readily observable by an unaided visual examination.
(7) Qualified applicant with prior cannabis felony. – An individual or entity where at least 51% of the ownership interest is held by a person who has been convicted of a felony offense involving cannabis under State or federal law prior to the effective date of this act.

§ 90-113.201. North Carolina Cannabis Control Commission.
(a) Establishment. – There is established the North Carolina Cannabis Control Commission as an independent regulatory commission within the Department of Agriculture and Consumer Services for administrative purposes only.
(b) Membership. – The Commission shall consist of nine members appointed as follows:
(1) Three members appointed by the Governor.
(2) Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(3) Three members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
Members shall have expertise in public health, agriculture, law enforcement, business, or social equity. Terms shall be for four years, staggered.
(c) Powers and Duties. – The Commission shall:
(1) Adopt rules for the implementation, administration, and enforcement of this Article, including rules for licensing, testing, packaging, labeling, advertising, and transportation of cannabis products.
(2) Issue licenses for cannabis cultivation, processing, testing, distribution, retail sales, and consumption lounges.
(3) Establish fees for licenses and renewals consistent with this Article.
(4) Conduct inspections and audits.
(5) Impose civil penalties for violations.
(6) Promote social equity in licensing, including priority for qualified applicants with prior cannabis felonies.
(7) Collect taxes and fees and remit them to the General Fund.

§ 90-113.202. Legal possession and use.
(a) Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under State law or the law of any political subdivision of the State for persons 21 years of age or older:
(1) Possessing, purchasing, or transporting cannabis for personal use in an amount not exceeding two ounces of cannabis flower, 16 grams of cannabis concentrate, or cannabis-infused products containing no more than 1,000 milligrams of THC.
(2) Possessing, growing, processing, or transporting no more than 12 mature cannabis plants and 12 immature cannabis plants per household, provided the plants are in a locked space and not visible from a public place without the use of binoculars or aircraft.
(3) Transferring without remuneration up to two ounces of cannabis flower, 16 grams of cannabis concentrate, or cannabis-infused products containing no more than 1,000 milligrams of THC to another person 21 years of age or older.
(4) Consuming cannabis, provided the person is not operating a vehicle or in a public place where prohibited by law.
(b) No person under 21 years of age shall possess, use, purchase, or transport cannabis. Violations shall be punishable as a Class 3 misdemeanor for the first offense and a Class 2 misdemeanor for subsequent offenses.

§ 90-113.203. Penalties for exceeding cultivation limits.
(a) Possession of cannabis plants in excess of the limits set forth in G.S. 90-113.202(a)(2) shall be punishable as follows:
(1) For each plant exceeding the limit up to five plants: A Class 3 misdemeanor per excess plant.
(2) For more than five plants exceeding the limit: A Class 1 felony.
(3) For more than 20 plants exceeding the limit: A Class G felony.
(b) These penalties are in addition to any other applicable penalties under this Article or Chapter 90 of the General Statutes.

§ 90-113.204. Licensing requirements.
(a) The Commission shall issue licenses for the following:
(1) Cannabis cultivator licenses.
(2) Cannabis processor licenses.
(3) Cannabis testing facility licenses.
(4) Cannabis distributor licenses.
(5) Cannabis retailer licenses.
(6) Cannabis consumption lounge licenses.
(b) Eligibility. – Any natural person 21 years of age or older, or any entity whose controlling owners are 21 years of age or older, may apply for and obtain a license under this Article, except that no license shall be issued to any person or entity if any controlling owner has been convicted of a felony under the laws of this State or any other jurisdiction, other than a felony offense involving cannabis prior to the effective date of this act.
(c) License Fees. – The annual license fee for each license issued under this section shall be ten thousand dollars ($10,000) for the first year of licensure. For each subsequent year, the annual license fee shall be the greater of ten thousand dollars ($10,000) or five percent (5%) of the license holder's gross revenue derived from cannabis-related activities in the prior calendar year, not to exceed one hundred thousand dollars ($100,000) in any year. Fees shall be paid to the Commission upon application and annually upon renewal.
(d) Core Business Focus Requirement. – License holders shall ensure that no more than twenty percent (20%) of their total gross revenue in any calendar year is derived from activities unrelated to the licensed cannabis operations, including but not limited to the sale of merchandise, apparel, accessories, promotional items, or other goods or services not directly involving the cultivation, processing, testing, distribution, retail sale, or on-site consumption of cannabis products; provided, however, that holders of a cannabis consumption lounge license shall be exempt from this twenty percent (20%) limitation, so long as any unrelated activities are incidental to on-site consumption and do not include the retail sale of non-cannabis products for off-premises consumption. The Commission shall adopt rules to verify compliance with this requirement through financial reporting and audits. Violations may result in suspension, revocation, or civil penalties.
(e) Social Equity Provisions. –
(1) For a period of one year from the date the Commission begins accepting applications, licenses shall be granted exclusively to qualified applicants with prior cannabis felonies.
(2) For qualified applicants with prior cannabis felonies, license fees shall be deferred for five years from the date of issuance, with payments commencing thereafter in installments as determined by the Commission.
(f) Local governments may regulate the time, place, and manner of cannabis businesses but may not prohibit them entirely.
(g) Automatic Eligibility for Cannabis Consumption Lounge Licenses. – Any establishment holding a valid permit, including temporary permits, issued by the Alcoholic Beverage Control Commission under Chapter 18B of the General Statutes shall be automatically eligible to purchase and obtain a cannabis consumption lounge license upon application and payment of the standard fee established by the Commission for such licenses. The Commission shall not deny such applications based on discretionary criteria and shall issue the license provided the applicant complies with basic health, safety, and zoning requirements adopted by the Commission. The fee for a cannabis consumption lounge license under this subsection shall be equal to the fee for other cannabis consumption lounge licenses issued by the Commission.

§ 90-113.205. Taxation.
(a) An excise tax is imposed on the sale of cannabis products at the rate of 10% of the sales price.
(b) The tax shall be collected by the retailer and remitted to the Commission quarterly.
(c) Revenue from the tax, after administrative costs, shall be allocated as follows:
(1) 40% to the General Fund.
(2) 25% to public education.
(3) 20% to substance abuse prevention and treatment programs.
(4) 15% to social equity programs for communities disproportionately affected by prior cannabis enforcement.

§ 90-113.206. Packaging, labeling, and advertising.
(a) Cannabis products shall be sold in child-resistant packaging with labels including:
(1) THC content.
(2) Serving size and warnings about impairment.
(3) A universal symbol indicating the product contains cannabis.
(4) Prohibitions on statements implying health benefits without approval.
(b) Advertising shall not target persons under 21 and shall comply with Commission rules similar to those for alcohol and tobacco.

§ 90-113.207. Prohibitions.
(a) It is unlawful to:
(1) Drive under the influence of cannabis. Violations shall be punishable under G.S. 20-138.1.
(2) Consume cannabis in public places, except in licensed consumption lounges.
(3) Sell cannabis without a license.
(b) Employers may maintain drug-free workplaces.

§ 90-113.208. Expungement of prior cannabis convictions.
All prior convictions in North Carolina related to cannabis—including possession, cultivation, manufacturing, sale, delivery, trafficking, transportation, paraphernalia, or any other cannabis offense—shall be automatically expunged if the conduct would be legal or non-criminal under this act today. The Commission, working with the courts, will identify these records and issue expungement orders to clear them from public view, restore rights, and remove any related penalties or barriers, so people can move forward without the weight of old cannabis charges.

SECTION 3. G.S. 90-95 is amended by adding a new subsection to read:
(h) Notwithstanding subsections (a) through (g) of this section, offenses involving cannabis shall be governed by Article 5H of this Chapter.

SECTION 4. There is appropriated from the General Fund to the North Carolina Cannabis Control Commission the sum of $4,200,000 for the 2017-2018 fiscal year to implement this act.

SECTION 5. This act becomes effective April 20, 2027, except that the Commission shall begin accepting applications for licenses no later than ninety (90) days after the effective date of this act, and the Commission may adopt temporary rules prior to that date.

I love the great state of North Carolina and I want to make it a better place.

I hope we can make this a reality soon so that nobody else has to be hurt by the lost war on a plant. 

Jonathan D. Miller