SB 386
Modifies provisions relating to hemp extract
LR Number:
Last Action:
5/15/2015 - H Calendar S Bills for Third Reading
Journal Page:
SS#2 SB 386
Calendar Position:
Effective Date:
August 28, 2015
House Handler:

Current Bill Summary

SS#2/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.

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.

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.

This act specifies that only a neurologist or practitioner may recommend hemp extract as part of a treatment plan for a patient who has been diagnosed with intractable epilepsy or a serious condition.

Under this act, no individual or health care entity organized under the laws of the state shall be subject to any adverse action by the state, including civil or criminal prosecution, denial of any right or privilege, the imposition of a civil or administrative penalty or sanction, or disciplinary action by any accreditation or licensing board or commission if such individual or health care entity, in its normal course of business and within its applicable licenses and regulations, acts in good faith on any order, recommendation, or statement by a neurologist or practitioner relating to the medical use and administration of hemp extract.

Current law allows the Department of Agriculture to license up to two cultivation and production facility licenses. This act allows the department issue licenses for up to five facilities in 2016, up to eight facilities in 2017, and up to ten facilities in 2018 and each year thereafter.

This act requires nonprofit entities seeking such licensure to have had their domicile in the state for at least five years. Cultivation and production facility licenses issued before August 28, 2015 continue to be valid even if the licensee fails to meet the requirement for entities to be domiciled in Missouri for at least five years.

Provisions of this act are similar to HB 1183 (2015).