North Carolina Medical Marijuana Caregiver Information

What Is a Medical Marijuana Caregiver in North Carolina?

Per House Bill 766 (the North Carolina Epilepsy Alternative Treatment Act), medical marijuana caregivers are individuals registered under the North Carolina medical marijuana program to assist registered medical marijuana patients in administering cannabis products. They may legally possess and purchase marijuana products on behalf of their patients.

Every registered medical marijuana patient in North Carolina is required to have a caregiver. However, the state does not assign caregivers to medical marijuana patients. Under the North Carolina Epilepsy Alternative Treatment Act, a person may serve as a caregiver for a family member diagnosed with intractable epilepsy, the only qualifying medical condition for medical marijuana treatment. There is no limit to the number of medical marijuana patients a caregiver can manage in the state.

In addition to the state’s limited medical marijuana program, the Eastern Band of Cherokee Indians (EBCI) also has its own medical cannabis program that is open to all residents of North Carolina. Patients and caregivers can apply to the EBCI’s Cannabis Control Board (CCB) for an MMJ card that is accepted at any dispensary on the EBCI tribal lands.

How to Become a Medical Marijuana Caregiver in North Carolina

The North Carolina Department of Health and Human Services (NCDHHS) regulates the state's medical cannabis program and registers caregivers under the program. According to House Bill 766, for a person to become a medical marijuana caregiver in North Carolina, they must:

• Be 18 years or older
• Be a resident of North Carolina
• Be a medical cannabis patient's parent, legal guardian, or custodian
• Possess a written statement from the neurologist who diagnosed their patient with intractable epilepsy stating that:
• The patient has been medically examined
• The patient suffers from intractable epilepsy
• The patient can benefit from medical marijuana treatment

To register as a medical marijuana caregiver in North Carolina, the applicant should download and complete the North Carolina Epilepsy Alternative Treatment Act Caregiver Registration Application form. Next, they should mail the completed caregiver registry application form along with their valid government-issued photo identification to:

North Carolina Epilepsy Alternative Treatment Registration

3008 Mail Service Center

Raleigh, NC 27699

Successful medical marijuana caregiver registry applicants in North Carolina will receive approval letters from the Division of Mental Health, Developmental Disabilities and Substance Abuse Services under the NCDHHS. They must have their NCDHHS approval letters with them whenever they carry marijuana products for medical use. Medical marijuana caregivers in North Carolina are not required to pay application fees during registration in the state's medical marijuana program. Since medical marijuana caregivers in the state are typically their patients' parents, legal guardians, or custodians, there is usually no payment arrangement for them.

To be a caregiver under the EBCI medical cannabis program, an individual must:

• Be 21 years or older
• Have Health Care Power of Attorney legal documents for the patients designating them

Caregivers applying to the program may submit their applications by mail or in person at:

P.O. Box 549

Cherokee, NC 28719

Or

620 Casino Trail

Whittier, NC 28789

The EBCI charges enrolled tribal members $50 for a medical cannabis card and $25 to renew it annually. Other residents of North Carolina must pay $100 for the CCB’s MMJ card and the same amount to renew it annually.

How to Find a Medical Marijuana Caregiver in North Carolina

Medical marijuana patients in North Carolina are usually legal dependents of their caregivers. Therefore, registered medical marijuana patients are not required to search for other caregivers in the state to assist them in using marijuana for medical purposes. According to House Bill 766, the North Carolina Department of Health and Human Services (NCDHHS) is required to have a registry containing the names and addresses of registered medical marijuana caregivers in the state. However, the NCDHHS does not make the registry of approved medical marijuana caregivers available to the public. Also, the North Carolina Epilepsy Alternative Treatment Act does not allow medical marijuana caregivers to manage patients remotely.

How Much Marijuana Can a Caregiver Have in North Carolina?

Registered medical marijuana caregivers in North Carolina can legally buy, hold, and transport cannabis products on behalf of their patients. Per the provisions of the North Carolina Epilepsy Alternative Treatment Act, medical marijuana caregivers are permitted to possess cannabis products that:

• Contain less than 0.9% of tetrahydrocannabinol (low-THC cannabis)
• Contain at least 5% of cannabidiol (CBD)
• Do not contain any other psychoactive substance

House Bill 766 does not limit the number of cannabis products that caregivers are allowed to carry. According to the North Carolina Department of Health and Human Services (NCDHHS), registered medical cannabis caregivers may carry cannabis products if they have their NCDHHS caregiver registration letters with them.

The EBCI medical marijuana program allows caregivers to possess up to 2.5 ounces of usable cannabis. Caregivers possessing up to this amount are only protected from prosecution if they have the cannabis on EBCI tribal lands and have CCB medical cannabis card while possessing medical marijuana.

How Many Marijuana Plants Can a Caregiver Have in North Carolina?

The North Carolina Epilepsy Alternative Treatment Act does not permit medical marijuana caregivers in the state to grow cannabis plants on behalf of their patients. According to Section 90.94 of the North Carolina General Statutes, marijuana is a Schedule VI controlled substance. Hence, the cultivation of cannabis plants is illegal in the state. Per Section 90.95 of the North Carolina General Statutes, persons caught growing marijuana plants at home risk facing severe penalties.

According to the EBCI medical cannabis law, a caregiver or patient with a valid MMJ card is allowed to cultivate up to 12 cannabis plants in an enclosed and secure location.