View Amendment Current Amendment: 1 to Bill 1035 The Committee on Judiciary proposes the following Amendment No. to S. 1035 (COUNCIL\DKA\1035C002.DKA.VR14):

Reference is to Printer's Date 3/26/14--S.

Amend the bill, as and if amended, Section 44-53-110(27), SECTION 1, page 6, beginning on line 1, by striking the item in its entirety and inserting:

/ (27)(a)      'Marijuana' means:
           (1)(i)            all species or variety of the marijuana plant and all parts thereof whether growing or not;
           (2)(ii)      the seeds of the marijuana plant;
           (3)(iii)      the resin extracted from any part of the marijuana plant; or
           (4)(iv)      every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin.
           (b)      'Marijuana' does not mean:
           (1)(i)      the mature stalks of the marijuana plant or fibers produced from these stalks;
           (2)(ii)      oil or cake made from the seeds of the marijuana plant, including cannabidiol derived from the seeds of the marijuana plant;
           (3)(iii)      any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks;
           (4)(iv)      the sterilized seed of the marijuana plant which is incapable of germination;
           (v)      for persons participating in a clinical trial or in an expanded access program related to administering cannabidiol for the treatment of severe forms of epilepsy pursuant to Article 18, Chapter 53, Title 44, a drug or substance approved for the use of those participants by the federal Food and Drug Administration; or
           (vi)      for persons, or the persons' parents, legal guardians, or other caretakers, who have received a written certification from a physician licensed in this State that the person has been diagnosed by a physician as having Lennox Gastaut Syndrome, Dravet Syndrome, also known as 'severe myoclonic epilepsy of infancy', or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, the substance cannabidiol, a nonpsychoactive cannabinoid, or any compound, manufacture, salt, derivative, mixture, or preparation of any plant of the genus cannabis that contains nine-tenths of one percent or less of tetrahydrocannabinol and more than fifteen percent of cannabidiol.
           (c)      For purposes of this item, written certification means a document dated and signed by a physician stating that the patient has been diagnosed with Lennox Gastaut Syndrome, Dravet Syndrome, also known as 'severe myoclonic epilepsy of infancy', or any other severe form of epilepsy that is not adequately treated by traditional medical therapies and the physician's conclusion that the patient might benefit from the medical use of cannabidiol.
           (d)      A physician is not subject to detrimental action, including arrest, prosecution, penalty, denial of a right or privilege, civil penalty, or disciplinary action by a professional licensing board for providing written certification for the medical use of cannabidiol to a patient in accordance with this section. /

Amend further, Article 18, Chapter 53, Title 44, SECTION 2, by inserting after line 23 / Julian's Law /

Amend further, Section 44-53-1810(1), SECTION 2, page 8, beginning on line 25, by striking the item in its entirety and inserting:

/      (1)      'Academic medical center' means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research programs conducting research as a sub-recipient with the academic medical center as the prime awardee. /

Amend further, Section 44-53-1810(3), SECTION 2, page 8, beginning on line 38, by striking the item in its entirety and inserting:

/      (3)      'Cannabidiol' means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0.90 percent tetrahydrocannabinol by volume that has been extracted from marijuana or synthesized in a laboratory. /

Renumber sections to conform.
Amend title to conform.