Bill Status of HB0407 94th General Assembly
Short Description: MEDICAL CANNABIS ACT
Rep. Larry McKeon - John A. Fritchey - Karen A. Yarbrough
|Session Sine Die
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the Medical Cannabis Act. Provides that a person who has been diagnosed by a physician as having a debilitating medical condition and the person's primary caregiver may be issued a registry identification card by the Department of Human Services that permits the person or the person's primary caregiver to legally possess no more than 12 cannabis plants and two and one-half ounces of usable cannabis. Provides that a person who possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including civil penalty or disciplinary action by a professional licensing board, for the medical use of cannabis; provided that the qualifying patient or primary caregiver possesses an amount of cannabis that does not exceed 12 cannabis plants and two and one-half ounces of usable cannabis. Amends the Cannabis Control Act to make conforming changes consistent with the Medical Cannabis Act. Effective immediately.
House Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill with these exceptions: (1) deletes provision that a law enforcement agency that seizes and does not return usable cannabis to a registered qualifying patient or a registered primary caregiver shall be liable to the cardholder for the fair market value of the cannabis; (2) provides that a photograph must be included on the registry identification card; (3) provides that the registry identification number must be unique; (4) provides that applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and practitioners, are confidential and protected under the federal Health Insurance Portability and Accountability Act of 1996 and when applicable, the AIDS Confidentiality Act; (5) provides that the Department of Human Services shall make available to law enforcement personnel a secure website whereby law enforcement can determine whether a registry identification card is valid solely by entering the random identification number; provides that the secure website shall return data as it appears on the registry identification card, which includes the digital photo used on the card, name, address and date of birth; (6) requires the adoption of emergency rules by the Department of Human Services to implement the Act within 30 days after its effective date; (7) creates a task force within 6 months after the effective date to adopt permanent rules; and (8) eliminates provision that a State or local law enforcement officer who knowingly cooperates with federal law enforcement agents to arrest, investigate, prosecute, or search a registered qualifying patient or registered primary caregiver or his or her property for acting in compliance with the Act shall have his or her employment suspended or terminated. Effective immediately.