January Session, 2005
LCO No. 7417
SEN. FREEDMAN, 26th Dist.
REP. BOUCHER, 143rd Dist.
"AN ACT CONCERNING THE MEDICAL USE OF MARIJUANA. "
Strike section 1 in its entirety and substitute the following in lieu thereof:
"Section 1. (NEW) (Effective October 1, 2005) As used in sections 1 to 9, inclusive, of this act, unless the context otherwise requires:
(1) "Marijuana" has the same meaning as provided in section 21a-240 of the general statutes;
(2) "Medical use" means the acquisition and distribution, possession, cultivation, use or transportation of marijuana or paraphernalia relating to marijuana to alleviate the symptoms or effects of a qualifying patient's symptoms, but does not include any such use of marijuana by any person other than the qualifying patient. For the purposes of this subdivision, "acquisition and distribution" means the transfer of marijuana and paraphernalia relating to marijuana from the primary caregiver to the qualifying patient;
(3) "Physician" means a person who is licensed under the provisions of chapter 370 of the general statutes, but does not include a physician assistant, as defined in section 20-12a of the general statutes;
(4) "Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen years of age or older and has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana, provided (A) in the case of a qualifying patient lacking legal capacity, such person shall be a parent, guardian or person having legal custody of such qualifying patient, and (B) the need for such person shall be determined by the qualifying patient's physician and such need shall be documented in the written certification;
(5) "Qualifying patient" means a person who is eighteen years of age or older and has been diagnosed by a physician as having a terminal illness;
(6) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and any mixtures or preparations thereof, that are appropriate for the medical use of marijuana, but does not include the seeds, stalks and roots of the plant; and
(7) "Written certification" means a statement signed by the qualifying patient's physician stating that, in such physician's professional opinion, the qualifying patient has a terminal illness and the potential benefits of the medical use of marijuana would likely outweigh the health risks of such use to the qualifying patient. "
Strike subdivision (1) of subsection (a) of section 2 in its entirety and substitute the following in lieu thereof:
"(1) The qualifying patient has been diagnosed by a physician as having a terminal illness; "
Strike subdivision (1) of section 7 in its entirety and substitute the following in lieu thereof:
"(1) The physician has diagnosed the qualifying patient as having a terminal illness; "