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2016 SESSION

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SB 701 Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide.

Introduced by: David W. Marsden | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide. Authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. The bill sets limits on the number of permits that the Board may issue and requires that the Board adopt regulations establishing health, safety, and security requirements for permitted processors. The bill provides that only a licensed practitioner of medicine or osteopathy who is a neurologist or who specializes in the treatment of epilepsy may issue a written certification to a patient for the use of cannabidiol oil or THC-A oil. The bill also requires that a practitioner who issues a written certification for cannabidiol oil or THC-A oil, the patient issued such certification, and, if the patient is a minor or incapacitated, the patient's parent or legal guardian register with the Board. The bill requires further that a pharmaceutical processor shall not provide cannabidiol oil or THC-A oil to a patient or a patient's parent or legal guardian without first verifying that the patient, the patient's parent or legal guardian if the patient is a minor or incapacitated, and the practitioner who issued the written certification have registered with the Board. Finally, the bill provides an affirmative defense for agents and employees of pharmaceutical processors in a prosecution for the manufacture, possession, or distribution of marijuana. An enactment clause provides that except for provisions requiring the Board to promulgate regulations, the provisions of the bill do not become effective unless reenacted by the 2017 Session of the General Assembly.

SUMMARY AS PASSED SENATE:

Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide. Authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. The bill requires that the Board adopt regulations establishing health, safety, and security requirements for permitted processors. The bill also requires that a practitioner who issues a written certification for cannabidiol oil or THC-A oil and the patient issued such certification or his primary caregiver register with the Board. The bill requires further that a pharmaceutical processor shall not provide cannabidiol oil or THC-A oil to a patient or his primary caregiver without first verifying that the patient or his primary caregiver and the practitioner who issued the written certification have registered with the Board. Finally, the bill provides criminal liability protection for pharmaceutical processors. An enactment clause provides that except for provisions requiring the Board to promulgate regulations, the provisions of the bill do not become effective unless reenacted by the 2017 Session of the General Assembly.

SUMMARY AS INTRODUCED:

Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide. Authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. The bill requires the Board to adopt regulations establishing health, safety, and security requirements for permitted processors. The bill also requires that (i) the manufacture of cannabidiol oil and THC-A oil be done in accordance with requirements for compounding drug products; (ii) a practitioner issue a written certification for cannabidiol oil or THC-A oil and the patient or his primary caregiver register with the Board; and (iii) a permitted pharmaceutical processor, prior to providing cannabidiol oil or THC-A oil, verify that both the patient or the primary caregiver and the practitioner who issues a written certification have registered with the Board. Finally, the bill provides criminal liability protection for pharmaceutical processors.