RALEIGH, N.C. (WNCN) — After eight decades of what NC Rep. Jordan Lopez (D) has called a “wasteful and destructive failure,” he filed a bill on Monday to end the state’s prohibition of cannabis.
House Bill 413, titled the “Marijuana Legalization and Reinvestment Act,” lays the groundwork for the state to join dozens of others in legalizing the use and sale of cannabis, including a system to regulate and tax it.
General findings, arguments of the bill
In the 19-page bill, Rep. Lopez likened the issue to the days of alcohol prohibition, stating that about half of Americans have used cannabis despite laws against its use. The bill also argues that on the other side of legalizing cannabis, there would be greater protections in place for consumers, workers, communities and the environment.
The bill also covers findings related to policing — including a claim that keeping marijuana use illegal “diverts law enforcement resources from violent and property crimes and subjects civilians to unnecessary police interactions..”
Citing a 2020 study from the American Civil Liberties Union, the bill points to a statistic that black individuals are 3.6 times more likely to be arrested than white individuals for cannabis possession, despite nearly identical use rates.
Marijuana restrictions in North Carolina, the bill claims, have also deprived the state “hundreds of millions of dollars in tax revenue” as well as thousands of potential jobs.
If passed, what does the bill legalize, exactly?
Before going to the governor’s desk to become law, this bill would need to make it past a committee review, a floor debate and get enough votes in favor from the Republican-led NC House and Senate.
That said, if the bill were to be passes as is, it would make it lawful for any person age 21 and older to possess, consume, ingest, smoke, grow, use, process, transport and purchase cannabis—so long as they abide by possession limits. It also set limits, including that a person could not lawfully smoke cannabis in a public space.
In addition to these personal use changes, the bill would also
- Create a system of taxation and regulation, which would (among other things):
- Control production and distribution under a system of licensing and taxation
- Include lab testing, secure packaging, clear potency labeling and education on risks and how to use responsibly
- Impose possession limits of:
- 2 ounces (if a from of non-concentrated cannabis product)
- Fifteen grams (if concentrated cannabis)
- No more than 2,000 milligrams of tetrahydrocannabinol
- Six cannabis plants
- Establish a new state office of “Community Reivestment,” which would:
- Establish three news funds under the Department of Safety to be called the:
- Community Reinvestment and Repair Fund
- Cannabis Enterprise Opportunity Fund
- Cannabis Education and Technical Assistance Fund
- Provide yearly reports and seek yearly public input
- Establish three news funds under the Department of Safety to be called the:
- Impose penalties on personal cultivation of cannabis if it:
- Is located in an area that is viewable by the public, including from another private property nearby
- Is not done with precaution to keep the plant secure and away from people under age 21
The bill, in full, can be viewed below. Other sections of the legislation detail how the apportionment of revenue from sales would be distributed, private property and tenant rights and the automatic expunction of previous marijuana offenses.
