16RS House Bill 584

House Bill 584

Actions

Last Action	to Health & Welfare (H)
Title	AN ACT relating to the medical use of marijuana.
Bill Documents	Bill
Bill Request Number	1994
Sponsor	D. Butler
Summary of Original Version	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.
Index Headings of Original Version	Disabilities and the Disabled - Medical marijuana, use permitted Drugs and Medicines - Medical marijuana, use permitted Health and Medical Services - Medical marijuana, use permitted Physicians and Practitioners - Medical marijuana, use permitted Public Health - Medical marijuana, use permitted Substance Abuse - Medical marijuana, use permitted Administrative Regulations and Proceedings - Board of Medical Licensure, medical marijuana Administrative Regulations and Proceedings - Department for Public Health, medical marijuana Alcoholic Beverages - Medical Marijuana Division, establishment of Area Development Districts - Medical marijuana, use permitted

03/01/16	introduced in House
03/02/16	to Health & Welfare (H)