(Doc Name h:\legwork\house\amend\h-wm\007\medical cannabis.docx):
EXPLANATION: Prohibit state and local law enforcement from using appropriated or authorized funds by the state to arrest or criminally prosecute a person with a debilitating medical condition who is in possession of an allowable amount of medical cannabis.
Amend the bill, as and if amended, Part IB, Section 117, GENERAL
PROVISIONS, page 522, after line 12, by adding an appropriately
numbered paragraph to read:
/ (GP: Possession of
Medical Cannabis) Any state or local law enforcement agency
including, but not limited to, the State Law Enforcement
Division, the Department of Public Safety and the Department of
Natural Resources is prohibited from using funds appropriated or
authorized by the state to arrest, prosecute, seize property
from, and initiate forfeiture proceedings against a person with
a debilitating medical condition for possession of an allowable
amount of medical cannabis, if that person possesses an
out-of-state registry card and a written physician
certification.
For purposes of this
provision 'allowable amount of medical cannabis' is defined as:
(a) one ounce of cannabis; or (b) cannabis products in an amount
equivalent to one ounce of cannabis, which shall be determined
by the department based on the most widely accepted conversion
factors between cannabis flower weight and non-flower product
units.
For purposes of this provision
'out-of-state registry card' is defined as: a valid registry
identification card, or its equivalent, that is issued pursuant
to the laws of another state, district, territory, commonwealth,
or insular possession of the United States that allows, in its
jurisdiction of issuance, a nonresident cardholder to possess
cannabis for medical use.
For purposes of this
provision 'debilitating medical condition' is defined as: (a)
one or more of the following: cancer; multiple sclerosis; a
neurological disease or disorder, including epilepsy; glaucoma;
post-traumatic stress disorder; Crohn's disease; sickle cell
anemia; ulcerative colitis; cachexia or wasting syndrome; severe
or persistent nausea in a person who is not pregnant that is
related to end-of-life or hospice care, or who is bedridden or
homebound because of the condition; a chronic medical condition
causing severe and persistent muscle spasms, including multiple
sclerosis; or any chronic or debilitating disease or medical
condition for which an opioid is currently or could be
prescribed by a physician based on generally accepted standards
of care; or (b) a terminal illness with a life expectancy of
less than one year in the opinion
of the patient's treating physician.
For purposes of this provision
'Written physician certification' is defined as: a document
printed on tamper-resistant paper dated and signed by a
physician stating that the patient has been diagnosed with a
debilitating medical condition and that the potential benefits
of using medical cannabis outweigh any risks. The certification
may be made only in the course of a bona fide physician-patient
relationship; must indicate the date of the patient follow-up
appointment, not to exceed six months from the original date of
issuance; and must be updated annually for each qualifying
patient by the certifying physician. If the qualifying patient
is expected to recover from the debilitating medical condition
within a year of the written certification, not including if the
patient may go into remission due to medical cannabis treatment
or the qualifying patient is not expected to benefit from
medical cannabis for an entire year, then the written
certification must specify that fact./
Renumber sections to conform.
Amend totals and titles to conform.