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2015 SESSION

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HB 1445 Cannabidiol oil and THC-A oil; possession of marijuana.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Possession or distribution of marijuana for medical purposes; epilepsy. Provides an affirmative defense in a prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by the Board of Medicine for purposes of treating or alleviating a patient's symptoms of intractable epilepsy. The bill provides that a practitioner shall not be prosecuted for distribution of marijuana under the circumstances outlined in the bill. The bill contains an emergency clause. This bill is identical to SB 1235.

SUMMARY AS PASSED HOUSE:

Possession or distribution of marijuana for medical purposes; epilepsy. Provides an affirmative defense in a prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by the Board of Medicine for purposes of treating or alleviating a patient's symptoms of intractable epilepsy. The bill provides that a practitioner shall not be prosecuted for distribution of marijuana under the circumstances outlined in the bill.

SUMMARY AS INTRODUCED:

Possession or distribution of marijuana for medical purposes; epilepsy. Allows a person to possess marijuana or tetrahydrocannabinol and allows a medical doctor or pharmacist to distribute such substances without being subject to prosecution if a doctor determines in the course of his professional practice that such substances should be used for the treatment of the person's epilepsy. Currently, the use of medical marijuana is allowed only for the treatment of cancer and glaucoma. The bill also provides that a valid recommendation from a medical doctor that medical marijuana be used for treatment is a necessary prerequisite for the immunity from prosecution for the possession or distribution of such substances to apply. The current law requires a valid prescription from a medical doctor. The bill also clarifies that the penalties for forging or altering a recommendation for medical marijuana or for making or uttering a false or forged recommendation are the same as the penalties for committing the same acts with regard to prescriptions.