Reference is to Printer's Date 3/20/14-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 53, Title 44 of the 1976 Code is amended by adding:
Section 44-53-1710. This article may be cited as the 'Put Patients First Act'.
Section 44-53-1720.
For purposes of this article:
(1) 'Bona fide
physician-patient relationship' means:
(a)
a physician and patient treatment or counseling
relationship, in the course of which the physician has completed
a full assessment of the patient's medical history and current
medical condition, including an appropriate personal physical
examination;
(b)
physician consultation with a patient with respect to the
patient's debilitating medical condition before the patient
applies for a registry identification card; and
(c)
physician availability to provide follow-up care and
treatment to the patient including, but not limited to, patient
examination to determine the efficacy of the use of medical
marijuana as a treatment of the patient's debilitating medical
condition.
(2) 'Criminal record'
means all information documenting an individual's contact with
the criminal justice system, including data regarding
identification, arrest, citation, arraignment, conviction,
judicial disposition, custody, and supervision.
(3) 'Debilitating
medical condition' means:
(a)
cancer, glaucoma, positive status for human
immunodeficiency virus, and acquired immune deficiency syndrome,
or treatment for these conditions;
(b)
a chronic or debilitating disease or medical condition, or
treatment of that disease or medical condition, that results in
one or more of the following symptoms, and for which, in the
professional opinion of that patient's physician, the use of
medical marijuana would alleviate one or more of the symptoms:
(i)
cachexia;
(ii)
severe pain;
(iii)
severe nausea;
(iv)
seizures, including those that are characteristic of
epilepsy; or
(v)
persistent muscle spasms, including those characteristic
of multiple sclerosis; and
(c)
another disease or medical condition, or treatment of that
disease or medical condition, determined by the department to be
a debilitating medical condition pursuant to department
regulation or department approval of a petition submitted by a
patient or a patient's physician.
(4) 'Department' means
the Department of Health and Environmental Control.
(5) 'Dispensary' means
an entity registered pursuant to Section 44-53-2040.
(6) 'Enclosed secured
facility' means a closet, room, greenhouse, building, or other
enclosed area equipped with locks or other security devices that
permit access only by a registered patient, registered
caregiver, or an employee or agent of a dispensary, as
applicable.
(7) 'Engage in the
medical use of marijuana' means the acquisition, possession,
production, cultivation, use, transfer, or transportation of
marijuana or paraphernalia relating to the administration of
marijuana to alleviate the symptoms and side effects of a
registered patient's debilitating medical condition, which is in
compliance with all the limitations and restrictions of this
article.
(8) 'Managing the
well-being of a registered patient' means performing tasks to
assist a registered patient with activities of daily living,
provided the assistance is not limited only to helping a patient
to engage in the medical use of marijuana.
(9) Marijuana has the
same meaning as defined in Section 44-53-110.
(10) 'Medical
verification' means documentation required by the department
provided by a physician to a patient in the course of a bona
fide physician-patient relationship for the patient's submission
to the department with an application for a registry
identification card, which supports the physician's opinion
that the patient has a debilitating medical condition with
symptoms or side effects that might be alleviated by the medical
use of marijuana and that reasonable medical efforts have been
made over a reasonable amount of time without success to relieve
the symptoms or side-effects.
(11) Paraphernalia has
the same meaning as defined in Section 44-53-10.
(12) 'Parent'
means:
(a)
a custodial mother or father of a patient under the age of
eighteen years; or
(b)
a person with legal custody of a patient under the age of
eighteen years; or
(c)
a person who is the legal guardian of a patient under the
age of eighteen years.
(13) 'Patient' means a
person who qualifies as a person with a debilitating medical
condition.
(14) 'Physician' means
a physician who is licensed in good standing to practice
medicine in this State pursuant to Chapter 47, Title 40.
(15) 'Registered
caregiver' means a person, other than a registered patient or a
registered patient's physician, who is eighteen years or older
and who has been issued a registry identification card by the
department, identifying the person as someone who has agreed to
undertake responsibility for managing the well-being of a
registered patient including, but not limited to, by assisting
the registered patient with the medical use of marijuana.
(16) 'Registered
patient' means a person who has been issued a registry
identification card by the department identifying the person as
having a debilitating medical condition who is entitled to
engage in the medical use of marijuana.
(17) 'Registry
identification card' means the nontransferable confidential
registry identification card issued by the department to a
patient or caregiver that identifies the patient as authorized
to engage in the medical use of marijuana or a caregiver as
authorized to help a particular registered patient engage in the
medical use of marijuana.
Section 44-53-1730.
(A) A registered patient
may engage in the medical use of marijuana in a quantity that is
medically necessary to address a debilitating medical condition,
provided the quantity does not exceed the limits provided for in
subsection (B).
(B) A registered
patient's medical use of marijuana is lawful within the
following limits:
(1)
up to two ounces of a usable form of marijuana; and
(2)
up to six marijuana plants, with three or fewer being
mature, flowering plants that are producing a usable form of
marijuana.
(C) Registered patients
and registered caregivers may:
(1)
cultivate or otherwise produce marijuana only in an
enclosed, locked facility; and
(2)
may acquire marijuana only from registered dispensaries or
from one another.
Section 44-53-1740. In the case of medical use of marijuana in excess of the amounts allowed pursuant to Section 44-53-1730, a registered patient or registered caregiver may raise as an affirmative defense to charges of violation of this article, or violation of another provision of law relating to the regulation of marijuana, that the quantity of marijuana used in excess of those limitations is medically necessary to alleviate the symptoms or side effects of the patient's debilitating medical condition and may submit a medical verification provided to the patient by the physician pursuant to Section 44-53-1820 as proof that the quantity is medically necessary.
Section 44-53-1750.
(A) A registered patient
or registered caregiver must not:
(1)
engage in the medical use of marijuana in a way that
endangers the health or well-being of another person;
(2)
engage in the medical use of marijuana in plain view of
the public or in a public place; or
(3)
possess medical marijuana or otherwise engage in the use
of medical marijuana in or on the grounds of a public or private
school or childcare facility or in a school bus.
(B) A registered
patient must not:
(1)
undertake a task while under the influence of marijuana
pursuant to this article when doing so would constitute
negligence or professional malpractice; or
(2)
operate, navigate, or otherwise be in actual physical
control of a vehicle, aircraft, or motorboat while under the
influence of marijuana pursuant to this article.
Section 44-53-1760. In addition to other penalties provided in this article and other applicable laws of the State, the department shall revoke for a period of one year the registry identification card of a registered patient or registered caregiver found to have wilfully violated a provision of this article.
Section 44-53-1770.
A patient under eighteen years of age must
not engage in the medical use of marijuana unless:
(1) two physicians have
diagnosed the patient as having a debilitating medical condition
with symptoms or side effects that might be alleviated by the
medical use of marijuana;
(2) reasonable medical
efforts have been made over a reasonable period of time without
success to relieve the symptoms or side effects;
(3) one of the
physicians referred to in this section has explained the
possible risks and benefits of medical use of marijuana to the
patient and the patient's parents who reside in the State;
(4) the physician
referred to in item (3) has provided the patient and the
patient's parents who reside in the State with the medical
verification required pursuant to Section 44-53-1820;
(5) the patient's
parents who reside in the State consent in writing to the
patient's medical use of marijuana;
(6) a parent of the
patient who resides in the State:
(a) consents in writing to
serve as the patient's registered caregiver; and
(b)
submits to the department:
(i)
an application for the patient's registry identification
card;
(ii)
an application to serve as the registered caregiver of the
patient;
(iii)
the written consents required by this section;
(iv)
the medical verification from the patient's physician
required by this section; and
(v)
any other information required by the department;
(7) the department
approves the patient's and parent's applications to qualify as a
registered patient and registered caregiver, respectively, and
provides both registry identification cards to the parent
designated as the registered caregiver;
(8) the registered
patient and registered caregiver collectively possess quantities
of marijuana no greater than those specified in Section
44-53-1730 or 44-53-1740 at any given time; and
(9) the registered
caregiver controls the acquisition of the marijuana and the
dosage and frequency of its use by the registered patient.
Section 44-53-1780. The department shall create and maintain a confidential registry of patients who have applied for a registry identification card authorizing the medical use of marijuana pursuant to this article.
Section 44-53-1790.
(A) No person is
permitted to gain access to information about patients or
caregivers maintained in the department's confidential registry
or received by the department as part of an application for a
registry identification card, or information otherwise
maintained by the department about applicants, except for
authorized department employees in the course of performing
official duties related to this article and authorized officials
of state or local law enforcement agencies who have detained or
arrested a person who claims to be engaged in the medical use of
marijuana.
(B) A state or local
law enforcement official's right to access the information
contained within the department's confidential registry and
other information referenced in subsection (A) is limited to the
purpose of verifying that an individual who has presented a
registry identification card or documentation serving as the
functional equivalent is lawfully in possession of the card or
its functional equivalent.
(C) Information
maintained in the confidential registry is considered protected
health information that must not be released in accordance with
state and federal confidentiality statutes including, but not
limited to, the Health Insurance Portability and Accountability
Act, as amended.
(D) Information
maintained in the confidential registry is not public
information subject to access under the state's Freedom of
Information Act.
Section 44-53-1800.
(A)(1) A patient who
fraudulently represents a medical condition to a physician, the
department, or a state or local law enforcement official for the
purpose of falsely obtaining a patient registry identification
card from the department pursuant to this article, or for the
purpose of avoiding arrest and prosecution for a
marijuana-related offense, is guilty of a misdemeanor and, upon
conviction, must be fined not more than five hundred dollars or
imprisoned not more than six months, or both.
(2)
A caregiver who fraudulently represents the nature of the
assistance provided to a registered patient with regard to the
registered patient's activities of daily living to obtain a
caregiver registry identification card from the department
pursuant to this article, or for the purpose of avoiding arrest
and prosecution for a marijuana-related offense, is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five hundred dollars or imprisoned not more than six months, or
both.
(3)
If a department employee or a state or local law
enforcement official receives information that reasonably causes
the employee or official to believe that a fraudulent
representation as described in item (1) or (2) has occurred, the
employee or official shall report the information to the
department director and the county solicitor or Attorney
General.
(B) The fraudulent use
or theft of a registered patient's or registered caregiver's
registry identification card is a misdemeanor, punishable up to
five hundred dollars or six months in prison, or both.
(C) The fraudulent
production or counterfeiting of, or tampering with, a registered
patient's or registered caregiver's registry identification card
is a misdemeanor, punishable up to five hundred dollars or six
months in prison, or both.
(D) A person including,
but not limited to, an employee of the department or a state or
local law enforcement agency official, who releases or makes
public information contained in the confidential registry
without the written authorization of the registered patient or
registered caregiver, or as otherwise allowed by law, is guilty
a misdemeanor and, upon conviction, must be fined not more than
five hundred dollars or imprisoned not more than six months, or
both.
(E) Registered patients
and registered caregivers not in possession of their registry
identification card issued by the department when engaged in the
medical use of marijuana are guilty of a misdemeanor, and, upon
conviction, must be fined not more than one hundred dollars or
imprisoned not more than thirty days, or both.
Section 44-53-1810.
(A) In order to be
placed on the confidential registry for the medical use of
marijuana, a patient must be a resident of the State and submit
an application and other information as required by the
department.
(B) The application
must require the patient to provide, at a minimum:
(1)
the name, address, date of birth, and social security
number of the patient;
(2)
the name, address, and telephone number of the patient's
physician providing a medical verification;
(3)
the medical verification, required pursuant to Section
44-53-1820;
(4)
the name, address, and phone number of the patient's
registered caregiver, if one is designated at the time of
application;
(5)
an acknowledgement for the patient to sign that sets
forth:
(a)
the penalties for providing false information;
(b)
definitions of:
(i)
'bona fide physician-patient relationship', as defined in
Section 44-53-1720;
(ii)
'debilitating medical condition', as defined in Section
44-53-1720;
(iii)
'engage in the medical use of marijuana', as defined in
Section 44-53-1720; and
(iv)
'managing the well-being of a patient', as defined in
Section 44-53-1720.
(C) The department may
charge a patient a reasonable fee for processing an application.
Section 44-53-1820.
The department shall develop a medical
verification form to be completed by a physician and submitted
by a patient applying for a registry identification card. The
form must include:
(1)
the physician's name, address, phone number, and medical
license number;
(2) an acknowledgement
to be signed by the physician that sets forth:
(a)
the penalties for providing false information, including
the department's right to notify the medical board or other
similar authority established pursuant to Chapter 47, Title 40;
and
(b)
definitions of:
(i)
'bona fide physician-patient relationship', as defined in
Section 44-53-1720;
(ii)
'debilitating medical condition', as defined in Section
44-53-1720; and
(iii)
'physician', as defined in Section 44-53-1720; and
(3)
an affidavit for the physician to sign with the following
provisions:
(a)
the physician and patient have a bona fide
physician-patient relationship;
(b)
the patient has a debilitating medical condition,
identifying the patient's disease or medical condition, and that
the symptoms or side-effects might benefit from the medical use
of marijuana; and
(c)
reasonable medical efforts have been made over a
reasonable period of time without success to relieve the
symptoms or side-effects of the debilitating medical
condition.
Section 44-53-1830.
(A) The department shall
approve or deny the application for patient registration
submitted pursuant to Section 44-53-1810 in writing within
thirty days from receipt of a completed application and
processing fee. If the application is approved, the department
shall issue the applicant a registration card which
includes:
(1)
the registered patient's name, address, date of birth, and
photograph;
(2)
a unique alphanumeric identifier for department and law
enforcement verification purposes; and
(3)
the date of issuance and expiration of the registry
identification card.
(B) The department
shall deny and notify the patient of the denial of the
application for a registry identification card if:
(1)
the information required pursuant to Section 44-53-1810
has not been provided or has been falsified;
(2)
the medical verification provided pursuant to Section
44-53-1820 fails to state there is a bona fida
physician-patient relationship, that the patient has a
debilitating medical condition that might benefit from the use
of marijuana, and that the physician has made reasonable medical
efforts over a reasonable period of time without success to
relieve the symptoms or side-effects of the debilitating
condition; or
(3)
the physician is not licensed to practice medicine in the
State, or the physician's medical verification contains false
information or has been falsified.
Section 44-53-1840.
(A) An application is
considered approved if the department fails to issue a registry
identification card or fails to issue written notice of denial
of an application within thirty-five days of receipt of an
application. The department's date of receipt of an application
is the date on which the application is hand-delivered to the
department or the date on which the application is placed in the
mail.
(B) A patient who has
applied for but who has not received a registry identification
card in accordance with Section 44-53-1830 and who is questioned
by a state or local law enforcement official about the use of
marijuana may provide a copy of the application submitted to the
department, including the required medical verification, and
proof of the date of mailing or delivery to the department,
which has the same legal effect as a registry identification
card, until the patient receives the registry identification
card or notice of denial of application.
Section 44-53-1850.
(A) A patient whose
application for a registry identification card has been denied
by the department may not reapply during the six months
following the date of the denial.
(B) The denial of a
registry identification card is a final department decision and
may be contested only in accordance with the Administrative
Procedures Act. Only the patient whose application is denied has
standing to contest the department decision.
(C) A registry card is
effective only for one year. To maintain an effective registry
identification card, a registered patient annually shall submit
to the department, at least thirty days prior to the expiration
date stated on the card:
(1)
an updated medical verification from the patient's
physician;
(2)
changes to the registered patient's name or address, if
any;
(3)
the name and address of the patient's registered
caregiver, if one has been designated; and
(4)
other information required by the department.
Section 44-53-1860.
(A) When there is a
change in the name or address of the registered patient or the
name or address of the patient's registered caregiver, the
registered patient shall provide the updated information to the
department within ten days.
(B) A registered
patient who has not designated a registered caregiver at the
time of submitting an application to the department may
designate one during the period of the registry identification
card's effectiveness by submitting to the department the name
and address of the registered caregiver. A person designated as
the registered caregiver may act in that capacity only after the
patient sends written notification to the department of the
designation.
Section 44-53-1870.
(A) In order to be
placed on the confidential registry as a registered caregiver,
a caregiver must be a resident of the State and submit an
application and other information as required by the department.
(B) The application must require the
caregiver to provide, at a minimum:
(1)
the name, address, date of birth, and social security
number of the caregiver;
(2)
the name, address, and telephone number of the registered
patient;
(3)
a signed consent to undergo a criminal background check;
(4)
a signed consent to undergo checks of the Department of
Social Services registry for the abuse or neglect of a
vulnerable adult and the Central Registry of Child Abuse and
Neglect;
(5)
an acknowledgement signed by the caregiver that sets
forth:
(a)
the penalties for providing false information;
(b)
definitions of:
(i)
'registered caregiver', as defined in Section 44-53-1720;
(ii)
'engage in the medical use of marijuana', as defined in
Section 44-53-1720;
(iii)
'managing the well-being of a registered patient', as
defined in Section 44-53-1720; and
(c)
an affidavit signed by the caregiver stating that the
caregiver:
(i)
manages the well-being of the registered patient,
identifying the assistance provided by the caregiver; and
(ii)
serves as the caregiver only for the registered patient
identified on the application.
(C) The department may
require payment of a reasonable fee for processing an
application.
Section 44-53-1880.
(A) Subject to
subsection (B), the department shall approve or deny the
application for caregiver registration submitted pursuant to
Section 44-53-1870 in writing within thirty days from receipt of
a completed application and processing fee. If the application
is approved, the department shall issue the caregiver a
registration card which includes:
(1)
the registered caregiver's name, address, date birth, and
photograph;
(2)
a unique alphanumeric identifier for department and law
enforcement verification purposes;
(3)
the name and address of the registered caregiver's
registered patient; and
(4)
the date of issuance and expiration of the registry
identification card.
(B) Prior to approving
a caregiver's application, the department shall verify that the
caregiver:
(1)
is serving as the registered caregiver for only one
registered patient;
(2)
has not been convicted of, or pled guilty or nolo
contendere to, a drug-related crime; and
(3)
is not listed on the Department of Social Services
registry for the abuse or neglect of a vulnerable adult or a
child or on the Central Registry of Child Abuse and Neglect.
(C) The department
shall deny and notify the caregiver of the denial of the
application for a registry identification card if:
(1)
the information required pursuant to Section 44-53-1870
has not been provided or has been falsified; or
(2)
the caregiver has been convicted of, or pled guilty or
nolo contendere to, a drug-related crime or the caregiver's name
appears on the Department of Social Services registry for the
abuse or neglect of a vulnerable adult or a child or on the
Central Registry of Child Abuse and Neglect.
(D) If the department
denies an application because the applicant has a criminal
record history for a drug-related crime or has been entered into
the Department of Social Services registry for the abuse or
neglect of a vulnerable adult or a child or on the Central
Registry of Child Abuse and Neglect, the department shall
provide a copy of the record to the applicant who has the right
to provide information that reflects the record is not accurate.
Section 44-53-1890.
(A) An application
submitted pursuant to Section 44-53-1870 is considered approved
if the department fails to issue a registry identification card
or fails to issue written notice of denial of an application
within thirty-five days of receipt of an application. The
department's date of receipt of an application is the date on
which the application is hand-delivered to the department or the
date on which the application is placed in the mail.
(B) A caregiver who has
applied for, but who has not received a registry identification
card, in accordance with Section 44-53-1880, and who is
questioned by a state or local law enforcement official about
the use of marijuana may provide a copy of the application
submitted to the department and proof of the date of mailing or
delivery to the department, which has the same legal effect as a
registry identification card, until the caregiver receives the
registry identification card or notice of denial of application.
Section 44-53-1900. (A)
A caregiver whose application for a registry
identification card has been denied by the department may not
reapply during the six months following the date of the denial.
(B) The denial of a
registry identification card is a final department decision and
may be contested only in accordance with the Administrative
Procedures Act. Only the caregiver whose application is denied
has standing to contest the department decision.
(C) A registry card is
effective only for one year. To maintain an effective registry
identification card, a registered caregiver annually shall
submit to the department, at least thirty days prior to the
expiration date stated on the card:
(1)
changes to the registered caregiver's name or address, if
any;
(2)
the name and address of the caregiver's registered
patient; and
(3)
other information required by the department.
Section 44-53-1910. (A)
A registered patient or registered caregiver
charged by a state or local law enforcement official with a
violation of Chapter 53, Title 44, or another provision of law
related to the use of marijuana, has an affirmative defense to
arrest and prosecution if:
(1)
the patient was previously diagnosed by a physician as
having a debilitating medical condition;
(2)
the patient was advised by a physician, in the context of
a bona fide physician-patient relationship, that the patient
might benefit from the medical use of marijuana to alleviate a
debilitating medical condition;
(3)
the patient and caregiver have a valid registration card
issued by the department; and
(4)
the patient and the caregiver collectively were in
possession of quantities of marijuana only as permitted pursuant
to Sections 44-53-1730 and 44-53-1740.
(B) An affirmative
defense available to a registered patient or registered
caregiver pursuant to this article is in addition to, and not in
lieu of, any other legal defense available to that patient or
caregiver.
Section 44-53-1920.
Notwithstanding another provision of law, a
physician is not subject to arrest or prosecution, or civil or
criminal penalties, in a court of law in this State or subject
to discipline by a professional licensing board for:
(1) providing a patient
with a medical verification stating that the patient has a
debilitating medical condition and might benefit from the
medical use of marijuana, provided the opinion is based upon the
physician's contemporaneous assessment of the patient's medical
history and current medical condition as part of a bona fide
physician-patient relationship; or
(2) advising a patient
about the risks and benefits of the medical use of marijuana,
including advice as to whether the patient might benefit from
the medical use of marijuana, provided the physician has
diagnosed the patient as having a debilitating medical condition
in the context of the physician's contemporaneous assessment of
the patient's medical history and current medical condition as
part of a bona fide physician-patient relationship.
Section 44-53-1930. A physician must not be denied the rights or privileges for the acts authorized by this article.
Section 44-53-1940. No person including, but not limited to, registered patients and registered caregivers, is entitled to the protections provided pursuant to this article for acquisition, possession, production, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana for a use other than a medical use.
Section 44-53-1950. (A)
State and local law enforcement officials
must not harm, neglect, injure, or destroy an individual's
interest in or right to property that is possessed, owned, or
used in connection with the medical use of marijuana, or acts
incidental to the medical use of marijuana, while the property
is in the possession of the state or local law enforcement
official as a result of a seizure of property in connection with
the claimed medical use of marijuana.
(B) A person does not
forfeit a right or interest in property seized in connection
with the medical use of marijuana by a state or local law
enforcement official under a provision of state law providing
for the forfeiture of property, unless the forfeiture is part of
a sentence imposed on the person as a result of conviction of a
criminal violation or entry of a plea of guilty or nolo
contendere relating to a violation of this article.
(C) State and local law
enforcement officials immediately shall return marijuana and
marijuana paraphernalia seized from a registered patient or
registered caregiver in connection with the claimed medical use
of marijuana upon a legal determination that the registered
patient or registered caregiver is entitled to a protection
contained in this article including, but not limited to, a
decision not to prosecute, the dismissal of charges, or an
acquittal.
Section 44-53-1960. (A)
A person must not be denied custody of, or
visitation or parenting time with, a child for conduct allowed
by this article.
(B) There is no
presumption of child abuse, neglect, or other endangerment of a
child for conduct allowed by this article.
Section 44-53-1970. A school or landlord is prohibited from refusing to enroll or lease to and may not otherwise penalize a registered patient or registered caregiver solely for the person's status as registered to engage in the medical use of marijuana, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.
Section 44-53-1980. For the purposes of medical care, including organ transplants, a registered qualifying patient's use of marijuana pursuant to Section 44-53-1730 or 44-53-1740 is considered the equivalent of the authorized use of other medication used at the discretion of a physician and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.
Section 44-53-1990. (A)
Except as provided in subsection (B) an
employer is prohibited from discriminating against:
(1)
a registered patient or registered caregiver in the
hiring, termination, or establishment of a term or condition of
employment, if the discrimination is based solely on the
person's status as registered to engage in the medical use of
marijuana; or
(2)
a registered patient with a positive drug test for
marijuana components or metabolites, unless the patient used,
possessed, or was impaired by marijuana on the premises of the
place of employment or during the hours of employment.
(B) Subsection (A) does
not apply if compliance with the subsection results in the
violation of federal law or regulations.
Section 44-53-2000. Possession of or application for a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency.
Section 44-53-2010.
(A) The department may
operate dispensaries in accordance with Section 44-53-2080 and
shall develop and facilitate processes to register and issue
dispensary certificates to privately owned dispensaries.
(B) A city or county
may enact reasonable ordinances regulating the establishment and
operation of dispensaries.
Section 44-53-2020. (A)
In order to register as a dispensary, the prospective
dispensary must be located in the State and submit an
application and other information as required by the department.
(B) The application
must require the prospective dispensary to provide, at a
minimum:
(1)
the legal name of the prospective dispensary;
(2)
the physical address of the prospective dispensary, which
must not be within one thousand feet of a public or private
school or childcare facility existing before the date of the
dispensary's application;
(3)
the name and date of birth of each principal officer and
board member of the prospective dispensary;
(4)
the name and date of birth of each additional agent of the
prospective dispensary;
(5)
a fee in an amount to be determined by the department;
and
(6)
any additional information requested by the department.
(C) For purposes of
this article, a resident of the State who owns agricultural
property taxed pursuant to Section 12-43-220(D) may register as
a dispensary by complying with the provisions of this section.
Section 44-53-2030. The
department shall approve or deny the application for a
certificate to operate a dispensary submitted pursuant to
Section 44-53-2020 in writing within sixty days from receipt of
a completed application and processing fee. The application must
be approved as long as:
(1)
the information required pursuant to Section 44-53-2020 is
complete and accurate;
(2)
none of the principal officers or board members of the
prospective dispensary has served as a principal officer or
board member for a dispensary that has had its registration
certificate revoked;
(3)
none of the principal officers or board members of the
prospective dispensary is under twenty-one years of age;
(4)
the prospective dispensary has never had a certificate
that has been revoked;
(5)
the prospective dispensary complies with department
regulations that address the operation of dispensaries within a
certain proximity of each other and within a certain
geographical area, which take into account, at a minimum,
population density and demonstrated need; and
(6)
if the city or county where the prospective dispensary
would be located has enacted zoning restrictions, the
prospective dispensary has provided a sworn statement certifying
that the prospective dispensary is in compliance with the
restrictions of the city or county.
Section 44-53-2040. If
the application is approved, the department shall issue the
applicant a dispensary certificate within sixty-five days of
submitting the application that includes:
(1)
the dispensary's name, address, and phone number;
(2)
the name, address, and phone number of a principal officer
or board member of the dispensary to serve as a contact for the
department;
(3) a unique
alphanumeric identifier for department and law enforcement
verification purposes; and
(4)
the date of issuance and expiration of the certificate.
Section 44-53-2050. (A)
A dispensary certificate is valid for two
years. The dispensary shall submit an application for renewal of
its certificate in accordance with department regulations no
later than sixty days before expiration of the certificate.
(B) The department
shall issue a renewal certificate within thirty days of receipt
of the prescribed renewal application, the processing fee, and
other information required by the department, provided the
dispensary's current certificate is not under suspension or has
not been revoked.
Section 44-53-2060. When competing applications are submitted to operate a dispensary within a single county, the department shall use an impartial and numerically scored competitive bidding process to determine the application or applications among those competing to approve. The department may conduct a criminal background check of the principal officers and board members of the prospective dispensary to carry out this provision.
Section 44-53-2070. The department may register additional dispensaries at its discretion.
Section 44-53-2080. A
dispensary is authorized to:
(1) possess, plant,
propagate, cultivate, grow, harvest, produce, process,
manufacture, compound, convert, prepare, pack, repack, and store
marijuana for medical use;
(2) deliver, transfer,
and transport marijuana, marijuana paraphernalia, and related
supplies that are for medical use and educational materials to
and from other dispensaries;
(3) acquire, accept, or
otherwise obtain marijuana offered by a registered patient or a
registered caregiver for medical use if nothing of value is
transferred in return;
(4) purchase or
otherwise acquire marijuana for medical use from another
dispensary; and
(5) dispense, supply,
and sell marijuana, marijuana paraphernalia, and related
supplies that are for medical use and educational materials to
registered patients, registered caregivers, and other
dispensaries.
Section 44-53-2090. A dispensary shall maintain operating documents and records on-site including, but not limited to, a valid registration certificate issued by the department, personnel records, and sales and purchasing documentation that reflect quantities of marijuana grown, processed, and distributed for medical use. The dispensary shall make the information available to the department upon request.
Section 44-53-2100. A
dispensary shall have written operating procedures approved by
the department that address, at a minimum:
(1) recordkeeping;
and
(2) security measures
to deter and prevent the theft of marijuana and marijuana
paraphernalia and the unauthorized entrance into areas
containing marijuana and marijuana paraphernalia.
Section 44-53-2110. Information kept or maintained by a dispensary must identify cardholders by the registry identification numbers and not contain names or other personal identifying information.
Section 44-53-2120. (A)
All activities authorized by Section
44-53-2080 including, but not limited to, planting, cultivating,
harvesting, manufacturing, packaging, and storing of marijuana
by a dispensary pursuant to this article must take place in an
enclosed, secured facility at a physical address provided to the
department during the registration process.
(B) A dispensary must
not:
(1)
share office space with or refer patients to a physician;
or
(2)
allow a registered patient or other person to consume
marijuana on its property.
(C) A dispensary is
subject to inspection by the department upon reasonable notice
in order to provide:
(1)
consumer protection services for registered patients by
means of laboratory sampling and testing for marijuana potency
and contamination;
(2)
public information and training services, regarding:
(a)
safe and effective cultivation, harvesting, manufacturing,
packaging, labeling, and distribution of marijuana;
(b)
security and inventory procedures; and
(c)
scientific and medical research findings related to the
medical use of marijuana; and
(3)
other services as the department determines appropriate.
Section 44-53-2130. (A)
A dispensary must not employ or otherwise
allow a person to work or serve as an agent for the dispensary
who:
(1)
is under twenty-one years of age;
(2)
has been convicted of, or pled guilty or nolo contendere
to, a drug-related offense; or
(3)
has a positive drug screen for the presence of marijuana
components or metabolites.
(B)(1) A prospective
employee must consent in writing to undergo a criminal
background check and drug screen as a condition of
employment.
(2)
Employees and agents of a dispensary are subject to
periodic criminal background checks and drug screens while
employed or otherwise working for a dispensary.
(C) A dispensary shall
maintain the results of criminal background checks and drug
screens as part of the employee's personnel records.
Section 44-53-2140. (A)
Before selling marijuana or marijuana
paraphernalia to a person, a dispensary employee shall:
(1)
require the person to present the registration card issued
pursuant to Section 44-53-1830 or 44-53-1880, as applicable;
(2)
confirm that the photograph on the registry card resembles
the individual presenting the card;
(3)
verify that the registry card has not expired or been
revoked; and
(4)
confirm in the dispensary's records, and the department's
centralized database if one is operational, that the registered
patient, or registered caregiver on behalf of the patient, has
not acquired a quantity of marijuana that exceeds the quantity
allowed pursuant to Sections 44-53-1730 and 44-53-1740.
(B) A dispensary
employee shall call the department if there is reason to believe
that:
(1)
the person presenting the registry card is not the person
to whom the card was issued; or
(2)
the card has been tampered with or otherwise altered.
Section 44-53-2150. (A)
A dispensary is not subject to search or
inspection, except pursuant to Section 44-53-2090.
(B)(1) A dispensary,
and its employees and agents, are not subject to arrest,
prosecution, civil or criminal penalties, or disciplinary
action, as applicable, by a court or business licensing board or
similar entity, for acting pursuant to and in compliance with
the provisions of this article.
(2)
A dispensary, and its employees and agents, must not be
denied a right or privilege of this article.
Section 44-53-2160. (A)
State and local law enforcement officials
must not harm, neglect, injure, or destroy a dispensary's
interest in or right to property possessed, owned, or used by
the dispensary pursuant to this article while the property is in
the possession of the state or local law enforcement officials
as a result of a seizure of property in connection with the
dispensary's operation.
(B) A dispensary
registered pursuant to this article does not forfeit a right or
interest in property seized in connection with the operation of
the dispensary by a state or local law enforcement official
under a provision of state law providing for the forfeiture of
property, unless the forfeiture is part of a sentence imposed on
a dispensary or the dispensary's employees or agents as a result
of conviction of a criminal violation or entry of a plea of
guilty or nolo contendere relating to a violation of this
article.
(C) State and local law
enforcement officials immediately shall return to a dispensary
marijuana, related marijuana paraphernalia, and other property
seized from the dispensary, or from its employees or agents, in
connection with the dispensary's operation, upon a legal
determination that the dispensary, or an employee or agent, is
entitled to a protection contained in this article including,
but not limited to, a decision not to prosecute, the dismissal
of charges, or an acquittal.
Section 44-53-2170.
(A)(1) Subject to Section 44-53-2180,
the department may suspend or revoke a dispensary's registration
certificate for multiple negligent violations or an intentional
violation of the requirements of this article or regulations
promulgated pursuant to this article.
(2)
The department shall provide fifteen days' notice to the
dispensary before suspending or revoking a certificate pursuant
to this section. The notice must set forth the violations that
are the basis for the suspension or revocation and other
associated penalties and be sent to the dispensary's address
provided on the registration certificate by certified mail,
return receipt requested.
(B) The department's
decision to suspend or revoke a dispensary certificate pursuant
to subsection (A) is a final department decision and may be
contested only in accordance with the Administrative Procedures
Act. Only the board members or principal officers of the
dispensary whose registration certificate is being suspended or
revoked have standing to contest the department decision.
(C)(1) If the
department suspends a registration certificate pursuant to this
section, the suspension is effective no longer than six months,
during which time the dispensary shall correct the concerns of
the department that were the basis for the suspension. Upon
correcting these concerns, the department shall remove the
suspension. The dispensary may continue to cultivate and possess
marijuana during a suspension, but may not dispense, transfer,
or sell marijuana.
(2)
If the dispensary fails to correct the department's
concerns within six months, the department may revoke the
registration certificate or extend the suspension up to an
additional ninety days by which time the dispensary shall
correct the concerns or have its registration certificate
revoked.
(D) If the department
revokes the registration certificate pursuant to this section,
the dispensary is prohibited from operating in any capacity. A
dispensary must not reapply for a registry certificate for one
year from the date of revocation of its registration
certificate.
Section 44-53-2180. (A)
A dispensary that intentionally sells or
otherwise transfers marijuana in exchange for anything of value
to a person other than a registered patient, a registered
caregiver on behalf of a registered patient, or another
dispensary is guilty of a felony and, upon conviction, must be
fined not more than three thousand dollars or, its board members
and principal officers must be imprisoned not more than two
years, or both.
(B) A person convicted
pursuant to this section is prohibited from owning or operating
a dispensary in the State. The dispensary's board members and
principal officers are prohibited from serving as board members
or principal officers for another dispensary.
Section 44-53-2190. Marijuana and marijuana paraphernalia sold, purchased, or otherwise transferred pursuant to this article is tangible personal property whose retail sales are subject to the provisions of Chapter 36, Title 12.
Section 44-53-2200. Not later than one year from the date of enactment of this article, the confidential registry created pursuant to this article must be operational and available statewide to patients and caregivers applying for registry identification cards and to prospective dispensaries applying for a certificate.
Section 44-53-2210. Not later than one year from the date of enactment of this article, the department shall develop and make available to residents of this State an application and other forms required to apply to be listed on the confidential registry of registered patients and registered caregivers and to apply to operate a dispensary.
Section 44-53-2220. Not later than one year from the date of enactment of this article, the department shall develop and make available to physicians of this State the medical verification form required by Section 44-53-1820 and information regarding the provisions of this article.
Section 44-53-2230. The department may promulgate and enforce regulations to implement this article.
Section 44-53-2240. Not
later than one year from the date of enactment of this article,
the department shall promulgate regulations that address at a
minimum:
(1)
establishment and maintenance of a confidential registry
of patients and caregivers who have applied for and who are
issued or denied a registry identification card;
(2)
verification of medical information for patients
submitting applications for issuance or renewal of a registry
identification card;
(3)
communications with law enforcement officials about
suspended registry identification cards when a patient is no
longer diagnosed as having a debilitating medical condition or
when a registry card is expired or has been fraudulently
obtained or altered as prohibited by Section 44-53-1800;
(4)
receipt and review of applications for registration of a
patient or caregiver on the confidential registry;
(5) determining
whether to include a disease or medical condition as a
debilitating medical condition;
(6)
acceptable physician written documentation of a disease or
medical condition to qualify as a debilitating medical
condition;
(7)
the extent of assistance provided by a caregiver to be
considered as managing the well-being of a registered patient,
entitling the caregiver to serve as a registered caregiver;
(8) receipt and review
of applications for registration as a dispensary;
(9) requirements to
operate a dispensary including, but not limited to, security and
record keeping; and
(10) consumer
protection requirements addressing, at a minimum, potency and
purity of marijuana cultivated and harvested, packaging and
labeling of marijuana, and transporting marijuana and marijuana
paraphernalia.
Section 44-53-2250. Not later than one year from the date of enactment of this article, the department shall develop the process for receipt and review of a physician's and patient's petition for inclusion of a disease or medical condition as a debilitating medical condition, as defined in Section 44-53-1720, and for, after a hearing as the department deems appropriate, approval or denial of a petition within one hundred eighty days of submission.
Section 44-53-2260. No public, private, or other health insurance provider is liable for a reimbursement claim for the medical use of marijuana.
Section 44-53-2270. Nothing in this article requires an employer to accommodate the medical use of marijuana in the work place."
SECTION 2. Article 4, Chapter 53, Title 44 of the 1976 Code is repealed.
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this article, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. Except as otherwise provided in this article, the act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.