SB 822
Modifies provisions relating to hemp extract
LR Number:
Last Action:
4/14/2016 - Voted Do Pass S Veterans' Affairs and Health Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2016

Current Bill Summary

SB 822 - 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 physician or neurologist that the person suffers from a serious condition or intractable epilepsy and may benefit from treatment with hemp extract, indicates the physician or neurologist is qualified to treat the condition, and states that the individual is under the neurologist or practitioner's continuing care.

This act requires neurologists and physicians 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.

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

The Department of Health and Senior Services must establish a public registry of physicians and neurologists who recommend hemp extract.

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 to issue licenses for up to ten facilities.

This act requires nonprofit entities seeking such licensure to have had their residence 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 residency requirement.

Provisions of this act are similar to the truly agreed to and finally passed SCS/HB 1682 (2016), HCS/SB 831 (2016), HCS/SB 835 (2016), SS/SB 386 (2015), and HB 1183 (2015).