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SB 386 - Current law allows people with intractable epilepsy to possess and use hemp extract to treat their condition. This act also allows people with serious conditions to use hemp extract. Serious condition is defined as cancer, HIV, AIDS, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, spinal cord damage, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, or certain specified symptoms or complications associated with the conditions listed above. Under current law, the Department of Health and Senior Services must issue a registration card to a person who provides a statement signed by a neurologist that the person suffers from intractable epilepsy and may benefit from treatment with hemp extract. This act provides that the Department must issue a registration card to a person who provides a recommendation signed by a practitioner or neurologist that the person suffers from a serious condition or intractable epilepsy and may benefit from treatment with hemp extract, indicates the practitioner or neurologist is qualified to treat the condition, states that the individual is under the neurologist or practitioner's continuing care, and recommends the form of hemp extract the patient may consume, including the method of consumption. The practitioner must be a licensed physician and registered with the Department. The Department may allow advanced practice registered nurses to be considered practitioners. This act requires neurologists and practitioners to notify patients before providing a recommendation that hemp extract is not FDA approved and, by using hemp extract, the patient is accepting the risks involved in using an unapproved product. In addition, this act exempts practitioners and neurologists from criminal, civil, and administrative liability for recommending hemp extract. Registration cards currently expire after one year. This act provides that the practitioner or neurologist may specify an earlier date of expiration. Under this act, a person may only possess a form of hemp extract that complies with the neurologist or practitioner's recommendations. Current law allows the Department of Agriculture to license up to two cultivation and production facility licenses. This act allows the department to license up to ten facilities, and requires nonprofit entities seeking such licensure to have had their domicile in the state for at least five years. MEGHAN LUECKE
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