View Amendment Current Amendment: 31 to Bill 4000 Rep. HILL proposes the following Amendment No. 31 to H.4000 as introduced by Ways & Means
(Doc Name h:\legwork\house\amend\h-wm\007\medical cannabis.docx):

EXPLANATION: Prohibit state and local law enforcement from using appropriated or authorized funds by the state to arrest or criminally prosecute a person with a debilitating medical condition who is in possession of an allowable amount of medical cannabis.

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 522, after line 12, by adding an appropriately numbered paragraph to read:
/      (GP: Possession of Medical Cannabis) Any state or local law enforcement agency including, but not limited to, the State Law Enforcement Division, the Department of Public Safety and the Department of Natural Resources is prohibited from using funds appropriated or authorized by the state to arrest, prosecute, seize property from, and initiate forfeiture proceedings against a person with a debilitating medical condition for possession of an allowable amount of medical cannabis, if that person possesses an out-of-state registry card and a written physician certification.
     For purposes of this provision 'allowable amount of medical cannabis' is defined as: (a) one ounce of cannabis; or (b) cannabis products in an amount equivalent to one ounce of cannabis, which shall be determined by the department based on the most widely accepted conversion factors between cannabis flower weight and non-flower product units.
     For purposes of this provision 'out-of-state registry card' is defined as: a valid registry identification card, or its equivalent, that is issued pursuant to the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows, in its jurisdiction of issuance, a nonresident cardholder to possess cannabis for medical use.
     For purposes of this provision 'debilitating medical condition' is defined as: (a) one or more of the following: cancer; multiple sclerosis; a neurological disease or disorder, including epilepsy; glaucoma; post-traumatic stress disorder; Crohn's disease; sickle cell anemia; ulcerative colitis; cachexia or wasting syndrome; severe or persistent nausea in a person who is not pregnant that is related to end-of-life or hospice care, or who is bedridden or homebound because of the condition; a chronic medical condition causing severe and persistent muscle spasms, including multiple sclerosis; or any chronic or debilitating disease or medical condition for which an opioid is currently or could be prescribed by a physician based on generally accepted standards of care; or (b) a terminal illness with a life expectancy of less than one year in the opinion
of the patient's treating physician.
     For purposes of this provision 'Written physician certification' is defined as: a document printed on tamper-resistant paper dated and signed by a physician stating that the patient has been diagnosed with a debilitating medical condition and that the potential benefits of using medical cannabis outweigh any risks. The certification may be made only in the course of a bona fide physician-patient relationship; must indicate the date of the patient follow-up appointment, not to exceed six months from the original date of issuance; and must be updated annually for each qualifying patient by the certifying physician. If the qualifying patient is expected to recover from the debilitating medical condition within a year of the written certification, not including if the patient may go into remission due to medical cannabis treatment or the qualifying patient is not expected to benefit from medical cannabis for an entire year, then the written certification must specify that fact.

Renumber sections to conform.
Amend totals and titles to conform.