SCS/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 post-processed products containing medical cannabinoids. The products may be in a form of an ingestible that is not smokeable or in the form of a hard candy or an oil, tonic, ointment, or other type of topical medication.
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 post-processed products. A qualified patient's products 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 post-processed products as an affirmative defense to a charge of possession.
The act provides that the fraudulent misrepresentation to an officer of any fact relating to the use of products containing medical cannabinoids in order to avoid arrest shall be a misdemeanor subject to a five hundred dollar fine.
The act defines a medical post-products center as a business licensed by the Department of Health and Senior Services for the lawful cultivation of medical cannabinoids for the purpose of producing post-processed products for medical use and selling of such products. The Department of Health and Senior Services must promulgate rules regarding the licensing process for medical post-processed products centers and only 50 centers may be validly operating in the state at a time. Medical post-processed products centers are not to obtain cannabinoids from outside the state in violation of federal law, and may only lawfully sell to qualified patients and primary caregivers with registry identification cards.
Post-processed products shall be taxed at eight percent of the purchase price paid or charged.
This act is similar to HB 1421 (2012).