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SB 951 - Currently, marijuana is a Schedule I controlled substance that has no accepted medical use. This act changes marijuana to a Schedule II controlled substance making it acceptable for medical use with severe restrictions. The act exempts from prosecution qualified patients or primary caregivers possessing a registry identification card issued by the Department of Health and Senior Services for the use or possession of medical marijuana. To become a qualified patient a person must have a debilitating condition, as defined in the act, and have written certification from an attending physician. Attending physicians will also not be prosecuted or subject to arrest for providing written certification for the medical use of marijuana. A qualified patient's marijuana and equipment used for cultivation cannot be confiscated so long as the patient can present a registry identification card or written certification. Any qualified patient or primary caregiver who has not received a registry identification card, but who has met other conditions, may use evidence of the need for medical marijuana as an affirmative defense to a charge of possession or cultivation. A qualified patient or primary caregiver may not transport usable marijuana unless the marijuana is in an enclosed container, as defined in the act, and carried in the trunk of the vehicle. A qualified patient is not able to use medical marijuana when it will compromise the health of others such as on public buses, school property, or areas of employment. The act provides that the fraudulent misrepresentation to an officer of any fact relating to the use of medical marijuana in order to avoid arrest shall be a misdemeanor subject to a five hundred dollar fine. The act defines a medical marijuana center as a business registered with the Department of Health and Senior Services for the lawful cultivation and selling of medical marijuana. The Department of Health and Senior Services shall institute rules and procedures regarding oversight and the application process for medical marijuana centers. Medical marijuana centers are not to obtain marijuana from outside the state in violation of federal law, and may only lawfully sell to qualified patients, and primary caregivers with registry identification cards. Medical marijuana shall be taxed at eight percent of the purchase price paid or charged. This act contains a referendum clause. This act is similar to HB 1421 (2012). MEGHAN LUECKE
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