Perfected

HCS/HB 2238 - This act allows the Department of Health and Senior Services to issue a hemp extract registration card to a Missouri resident who is 18 years of age or older, or a parent or legal guardian of a minor, who has intractable epilepsy as determined by a neurologist.

This act gives the department rulemaking authority to implement the provisions of the act.

The department must establish fees that are no greater than the amount necessary to cover the cost the department incurs.

The registration cards issued under this section are valid for one year.

This act requires the registrant's neurologist keep certain records and transmit the records to the department. The department must maintain a database of the records, and may share the records with a higher education institution for the purpose of studying hemp extract.

This act defines the term "hemp extract" as an extract from a cannabis plant or a mixture or preparation containing cannabis plant material that is composed of no more than three tenths percent THC by weight and five percent cannabidiol by weight that contains no other psychoactive substance.

This act provides that a registrant or parents who possesses or uses hemp extract is not subject to the penalties described in this chapter for possession or use of the hemp extract if the possession or use is only for the purpose of treating intractable epilepsy, was originally obtained from a sealed container with a label indicating the hemp extract’s place of origin and a number that corresponds with a certificate of analysis, and a certificate of analysis that contains certain information.

This act provides that an individual who possesses up to 20 ounces of hemp extract is not subject to the penalties for the possession or use of hemp extract. An individual may apply for a waiver to possess more than 20 ounces.

This act allows the Department of Agriculture to license up to two nonprofit entities to produce and distribute hemp extract for the treatment of intractable epilepsy. The act provides auditing and inspection provisions for the licensees. Each licensee can have up to three cannabidiol oil care centers in which the licensee is authorized to distribute processed hemp extract to consumers.

The Department of Agriculture and the Department of Health and senior services must promulgate regulations regarding the manufacture, storage, transportation, and distribution of hemp extract.

Under this act, all hemp waste from the production of hemp extract must either be destroyed, recycled by the licensee at the hemp cultivation and production facility, or donated to the Department of Agriculture, or an institution of higher education for research purposes, and may not be used for commercial purposes.

This act requires the Department of Agriculture to promulgate rules for application requirements for licensing, security requirements, hemp monitoring systems, and other procedures for internal control.

This act requires the Department of Agriculture to adopt rules requiring any hemp extract received from a legal source to be submitted to a testing facility designated by the department to ensure that such hemp extract complies with the requirements of this act and to ensure that the hemp extract does not contain any pesticides. Any hemp extract that is not submitted for testing or which after testing is found not to comply with the requirements must not be distributed or used and must be submitted to the department for destruction.

This act contains an emergency clause.

MEGHAN LUECKE


Return to Main Bill Page