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HB584 (BR1994) - D. Butler

     AN ACT relating to the medical use of marijuana.
     Create new sections of KRS Chapter 211 to define terms; require the Department for Public Health (DPH) to operate a medical marijuana program; establish a process to license and permit cultivators, distributors, manufacturers, and processors of medical marijuana; clarify that the department is not asked to conduct duties that are more than administrative; require the department to contract with a nongovernmental entity to conduct any nonadministrative duties, if necessary; require prospective patients to possess a diagnosis from a physician and possess a registry identification card issued by the department; prohibit a patient from receiving more than a 60-day supply or possessing more than a 90-day supply of his or her recommended amount of medical marijuana; require the department to license no more than 10 grows; prioritize these grows in the 5 most economically depressed counties in Kentucky that elect to participate; allow for licensure of 2 cultivators, 2 manufacturers, 2 processors, and other subcategories within each economically depressed county participating in the program; establish a process by which cultivators sell only to manufacturers, processors, or distributors; allow only distributors to sell medical marijuana to a dispensary; establish a local option for medical marijuana dispensaries; establish a Medical Marijuana Enforcement Division within the Department for Alcohol and Beverage Control; require the department to publish an annual list of varieties of marijuana that contain a low level of tetrahydrocannabinol (THC); require prioritization of low-THC-containing varieties of marijuana by the department; grant priority access to children and individuals with medication-resistant seizures to low-THC marijuana; require patients under 18 to receive marijuana with a low-THC content; clarify that cannabadiol is included in low-THC marijuana products; allow a dispensary to dispense cannabadiol regardless of whether it is classified as industrial hemp or medical marijuana; establish guidelines for registry identification cards; exempt patients that possess a card and an amount of marijuana that does not exceed a 60-day supply from prosecution or penalty; protect a physician from prosecution, penalty, or disciplinary action solely for providing a medical order for marijuana; protect dispensaries and dispensary employees when acting pursuant to this Act; require that a licensed pharmacy be contracted with all dispensaries to track negative drug interactions and provide counsel; require individuals that cease to be patients to dispose of marijuana; state that any local or statewide smoking ban shall ban the use of any medical marijuana unless explicitly permitted by prominent signage; provide a method for homeless patients to receive a recommendation for medical marijuana if they are being treated by a certified clinic; allow use of marijuana 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 marijuana; specify additional areas where marijuana may not be possessed or used; prohibit operation of motor vehicles, boats, or aircraft while under the influence of marijuana; clarify other protections for health insurance providers, property owners, employers, and jails or penal institutions; require the DPH to operate or license the operation of at least one dispensary in each area development district; grant the DPH authority to charge application and annual fees; authorize fines for cardholders carrying marijuana while not in possession of his or her registry card; require revocation of cardholder status to any cardholder that sells marijuana to another person that is not a patient; exempt medical marijuana from controlled substance tax in KRS Chapter 138; require DPH to promulgate administrative regulations to govern the treatment of drug addiction via use of medical marijuana; establish a Task Force on Risk Evaluation and Mitigation Strategies for Medical Marijuana to advise the DPH in implementing the Act; require the Board of Medical Licensure to issue certificates to physicians that elect to prescribe medical marijuana; state requirements for good standing for recommending physicians; require the board to establish standards for generating orders for medical marijuana; create a new section of KRS Chapter 315 to establish a certification process for a pharmacist providing counsel in a dispensary; create new sections of KRS Chapter 138 and 218A to establish a fund and a wholesale excise tax to fund mental health treatment and the medical marijuana program from proceeds gathered from the medical marijuana program; establish a 6 year sunset period.



     Mar 01, 2016 - introduced in House
     Mar 02, 2016 - to Health & Welfare (H)