# HB 1011 — NC Compassionate Care Act (2025-2026 Session)

**Bill:** House Bill 1011 — NC Compassionate Care Act
**Filed:** April 15, 2025
**Sponsors:** Dew, Harrison, Hawkins (Primary), Majeed
**Last Action:** Ref To Com On Rules, Calendar, and Operations of the House on 4/16/2025
**Status:** Referred to Rules Committee — zero committee hearings, zero votes since filing

## Summary

HB 1011 would establish a comprehensive medical cannabis program in North Carolina, creating a Compassionate Use Board to certify patients with qualifying conditions and a medical cannabis commission to regulate cultivation, processing, and dispensing.

## Key Provisions

- Establishes a Medical Cannabis Commission under DHHS
- Creates a Compassionate Use Board to certify physicians and patients
- Qualifying conditions include: cancer, epilepsy, ALS, Parkinson's, multiple sclerosis, Crohn's disease, sickle cell anemia, PTSD, cachexia, severe nausea, chronic pain, and other debilitating conditions
- Regulated cultivation, processing, testing, and dispensing
- Sales tax provisions (GS 105-164.13)
- Protections for patients from arrest and prosecution (GS 90-113.110 through 90-113.142)
- Affirmative defense for medical use

## Relevance to McAchran Case

North Carolina remains one of only 11 states without a medical cannabis program. HB 1011 has not advanced since being referred to Rules Committee on April 16, 2025. This leaves patients like McAchran with no legal pathway to obtain physician-recommended cannabis treatment, supporting:

- **Medical necessity defense** — No legal alternative exists in NC (State v. Hudgins element)
- **Compensatory damages** — Seizure of the only effective treatment caused measurable harm
- **Punitive damages** — The state's failure to provide a legal medical program while prosecuting patients for using cannabis as medicine

## Source

NC General Assembly: https://www.ncleg.gov/BillLookUp/2025/H1011