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HB3 (BR162) - G. Stumbo, K. Flood, C. Miller

     AN ACT relating to the medical use of cannabis.
     Include a noncodified section permitting this Act to be cited as the "Gatewood Galbraith Medical Cannabis Act"; create new sections of KRS Chapter 218A to define terms; require the Department for Public Health operate a medical cannabis program; require prospective patients to possess a diagnosis from a physician, and possess a registry identification card issued by the department; require the department to publish an annual list of varieties of cannabis that contain a low level of tetrahydrocannabinol (THC); require prioritization of low-THC-containing varieties of cannabis by the department; grant priority access to children and individuals with medication-resistant seizures to low THC cannabis; require patients under 18 to receive cannabis with a low-THC content; state guidelines for registry identification cards; exempt patients that possess a card and an amount of cannabis that does not exceed a sixty day supply from prosecution or penalty; protect a physician from prosecution, penalty, or disciplinary action solely for providing a medical order; protect dispensaries and dispensary employees when acting pursuant to this Act; require individuals that cease to be patients to dispose of cannabis; state that any local or statewide smoking ban shall ban the use of any medical cannabis unless explicitly permitted by prominent signage; allow use of cannabis on privately owned real property only with written permission of the property owner or tenant in possession of the property; prohibit unauthorized conduct, including undertaking tasks under the influence of cannabis; specify additional areas where cannabis may not be possessed or used; prohibit operation of motoer vehicles, boats, or aircraft while under the influence of cannabis; clarify other protections for health insurance providers, property owners, employers, and jails or penal institutions; reuqire the DPH to operate or license the operation of at least one dispensary in each area development district; grant the DPH authoirty to charge application and annual fees; authorize fines for cardholders carrying cannabis while not in possession of his or her registry card; require revocation of cardholder status to any cardholder that sells cannabis to another person that is not a patient; require DPH to promulgate administrative regulations to govern the treatment of drug addiction via use of medical cannabis; establish a Task Force on Risk Evaluation and Mitigation Strategies for Medical Cannabis to advise the DPH in implementing the Act; require the Board of Medical Licensure to issue certificates to physicians that elect to prescribe medical cannabis; state requirements for good standing for recommending physicians; require the board to establish standards for generating orders for medical cannabis; amend KRS 218A.202 to allow for the monitoring of cannabis recommended pursuant to this Act.


     HFA1/P( K. Bratcher ) - Retain original provisions; insert language to amend KRS 72.026 to increase the scope of mandatory coroner and medical examiner reporting in deaths involving Schedule I controlled substance deaths; amend KRS 196.286 and 196.288 to direct that a portion of recaptured savings from criminal justice reforms be directed to funding KY-ASAP programs; create a new section of KRS Chapter 205 to require the Department for Medicaid Services to provide a substance abuse benefit and specify the controlled substance treatment options to be offered; amend KRS 217.186 to increase the availability of naloxone for use as a rescue drug for narcotic overdose situations; create a new section of KRS Chapter 218A to provide immunity for persons seeking emergency help in drug overdose situations; amend KRS 218A.040 to specify that death by overdose is a foreseeable result of the consumption or use of a Schedule I controlled substance; amend KRS 218A.1412 to establish a minimum 50 percent time service requirement for higher-level traffickers in heroin or methamphetamine, with the ability to deviate from that requirement in cases where the defendant provides assistance to the prosecution; amend KRS 218.500 to allow a peace officer to inquire whether the person is in possession of a hypodermic needle or other sharp object prior to commencing a search of the person or the person's vehicle or premises; provide an exemption from paraphernalia prosecution for a person who alerts the officer to the presence of needle or sharp object; amend KRS 439.3401 to require a minimum 50 percent time service requirement for homicide and fetal homicide offenders in situations where the decedent died due to a Schedule I controlled substance overdose; amend KRS 501.060 to provide that it is not a defense to the establishment of causation in a Schedule I controlled substance overdose case that the decedent voluntarily ingested the drug or that there was no direct contact between the decedent and the defendant; direct the Department of Criminal Justice Training to conduct regionalized heroin-specific in-service training for law enforcement officers.
     HFA2( K. Bratcher ) - Make title amendment.

     Jan 06, 2015 - introduced in House
     Jan 08, 2015 - to Health & Welfare (H); floor amendments (1) and (2-title) filed
     Feb 03, 2015 - posted in committee