Connecticut Seal

General Assembly

Amendment

 

January Session, 2005

LCO No. 7430

   
 

*SB0012407430SRO*

Offered by:

 

SEN. FREEDMAN, 26th Dist.

REP. BOUCHER, 143rd Dist.

 

To: Subst. Senate Bill No. 124

File No. 403

Cal. No. 326

(As Amended)

"AN ACT CONCERNING THE MEDICAL USE OF MARIJUANA. "

Strike subdivisions (3) and (4) of subsection (a) of section 2 in its entirety and substitute the following in lieu thereof:

"(3) The combined amount of marijuana possessed by the qualifying patient and the primary caregiver for medical use does not exceed one ounce of usable marijuana; and

(4) The cultivation of such marijuana occurs in a secure indoor facility under the control and supervision of the Department of Agriculture for delivery to a pharmacy to fill a prescription. "

Strike subsection (c) of section 2 in its entirety and substitute the following in lieu thereof:

"(c) A qualifying patient shall have not more than one primary caregiver at any time. A primary caregiver may not be responsible for the care of more than one qualifying patient at any time. A primary caregiver who is registered in accordance with subsection (a) of section 3 of this act shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the acquisition, distribution, possession or transportation of marijuana or paraphernalia related to marijuana on behalf of a qualifying patient, provided the amount of any marijuana so acquired, distributed, possessed or transported, together with the combined amount of marijuana possessed by the qualifying patient and the primary caregiver, shall not exceed one ounce of usable marijuana. For the purposes of this subsection, "distribution" or "distributed" means the transfer of marijuana and paraphernalia related to marijuana from the primary caregiver to the qualifying patient. "

Strike section 8 in its entirety and substitute the following in lieu thereof:

"Sec. 8. (NEW) (Effective October 1, 2005) Any marijuana, paraphernalia relating to marijuana, or other property seized by law enforcement officials from a qualifying patient or a primary caregiver in connection with a claimed medical use of marijuana under sections 1 to 9, inclusive, of this act shall be returned to the qualifying patient or the primary caregiver immediately upon the determination by a court that the qualifying patient or the primary caregiver is entitled to the medical use of marijuana under sections 1 to 9, inclusive, of this act, as evidenced by a decision not to prosecute, a dismissal of charges or an acquittal. This section does not apply to any qualifying patient or primary caregiver who fails to comply with the requirements for the medical use of marijuana under sections 1 to 9, inclusive, of this act. "