Connecticut Seal

General Assembly

Amendment

 

January Session, 2005

LCO No. 6512

   
 

*SB0012406512SRO*

Offered by:

 

SEN. FREEDMAN, 26th Dist.

REP. BOUCHER, 143rd Dist.

 

To: Subst. Senate Bill No. 124

File No. 403

Cal. No. 326

Strike everything after the enacting clause 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) "Debilitating medical condition" means (A) cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or the treatment of any such conditions, including, but not limited to, chemotherapy, (B) a chronic or debilitating disease or medical condition, or the treatment thereof, that produces one or more of the following: (i) Cachexia or wasting syndrome; (ii) severe pain; (iii) severe nausea; (iv) seizures; or (v) severe and persistent muscle spasms, or (C) any other medical condition approved by the Department of Public Health, pursuant to regulations that the Commissioner of Public Health may adopt, in accordance with chapter 54 of the general statutes, in response to a request from a physician or potentially qualifying patient;

(2) "Marijuana" has the same meaning as provided in section 21a-240 of the general statutes;

(3) "Medical use" means the acquisition, possession, use or transportation of marijuana or paraphernalia relating to marijuana by a qualifying patient to alleviate the symptoms or effects of such qualifying patient's symptoms, but does not include any use of crude marijuana by such qualifying patient. For the purposes of this subdivision: (A) "Use of crude marijuana" means the acquisition, possession, cultivation, use, distribution, consumption or transportation of crude marijuana or paraphernalia relating to crude marijuana; (B) "crude marijuana" means the leaves, stems and flowering tops of the cannabis plant, or any derivative thereof, that have not been tested and approved by the federal Food and Drug Administration for medical purposes; and (C) "medical purposes" means the diagnosis, prevention, treatment or mitigation of any disease or impairment of the health of human beings;

(4) "Physician" means a person who is licensed under the provisions of chapter 370 of the general statutes and authorized by subsection (a) of section 21a-246 of the general statutes, as amended by this act, to possess and supply marijuana for medical use, but does not include a physician assistant, as defined in section 20-12a of the general statutes;

(5) "Qualifying patient" means a person who is eighteen years of age or older and has been diagnosed by a physician as having a debilitating medical condition; and

(6) "Written certification" means a statement signed by the qualifying patient's physician stating that, in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks of such use to the qualifying patient.

Sec. 2. (NEW) (Effective October 1, 2005) (a) A qualifying patient 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 medical use of marijuana if:

(1) The qualifying patient has been diagnosed by a physician as having a debilitating medical condition;

(2) The qualifying patient's physician has issued a written certification to the qualifying patient for the medical use of marijuana after the physician has prescribed, or determined it is not in the best interest of the patient to prescribe, prescription drugs to address the symptoms for which the certification is being issued; and

(3) The amount of marijuana possessed by the qualifying patient for medical use does not exceed an amount specified in such written certification or otherwise prescribed by a physician.

(b) Subsection (a) of this section does not apply to:

(1) Any medical use of marijuana that endangers the health or well-being of another person; and

(2) The medical use of marijuana (A) in a motor bus or a school bus, as defined respectively in section 14-1 of the general statutes, or in any moving vehicle, (B) in the workplace, (C) on any school grounds, (D) at any public park, public beach, public recreation center or youth center or any other place open to the public, or (E) in the presence of a person under the age of eighteen. For the purposes of this subdivision, "presence" means within the direct line of sight of the medical use of marijuana or exposure to second-hand marijuana smoke, or both.

(c) Any written certification for the medical use of marijuana issued by a physician under this section shall be valid for a period not to exceed one year from the date such written certification is signed by the physician.

Sec. 3. (NEW) (Effective October 1, 2005) (a) Each qualifying patient who is issued a written certification for the medical use of marijuana shall register with the Department of Agriculture and Consumer Protection. Such registration shall be effective until the expiration of the written certification issued by the physician. The qualifying patient shall provide sufficient identifying information, as determined by the department, to establish the personal identity of the qualifying patient. The qualifying patient shall report any change in such information to the department not later than five business days after such change. The department shall issue a registration certificate to the qualifying patient and may charge a reasonable fee, not to exceed twenty-five dollars, for a registration under this subsection.

(b) Upon the request of a law enforcement agency, the Department of Agriculture and Consumer Protection shall verify whether a qualifying patient has registered with the department in accordance with subsection (a) of this section and may provide reasonable access to registry information obtained under this section for law enforcement purposes. Except as provided in this subsection, information obtained under this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes.

Sec. 4. (NEW) (Effective October 1, 2005) The Commissioner of Agriculture and Consumer Protection may adopt regulations, in accordance with chapter 54 of the general statutes, to establish (1) a required form for written certifications for the medical use of marijuana issued by physicians under section 2 of this act, and (2) requirements for registrations under section 3 of this act.

Sec. 5. (NEW) (Effective October 1, 2005) Nothing in sections 1 to 9, inclusive, of this act shall be construed to require health insurance coverage for the medical use of marijuana.

Sec. 6. (NEW) (Effective October 1, 2005) (a) A qualifying patient may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana, or paraphernalia relating to marijuana, under chapter 420b of the general statutes, provided such qualifying patient has strictly complied with the requirements of sections 1 to 9, inclusive, of this act.

(b) No person shall be subject to arrest or prosecution solely for being in the presence or vicinity of the medical use of marijuana as permitted under sections 1 to 9, inclusive, of this act.

Sec. 7. (NEW) (Effective October 1, 2005) A physician 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 the Connecticut Medical Examining Board or other professional licensing board, for providing a written certification for the medical use of marijuana if:

(1) The physician has diagnosed the qualifying patient as having a debilitating medical condition;

(2) The physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and, if the qualifying patient lacks legal capacity, to a parent, guardian or person having legal custody of the qualifying patient; and

(3) The written certification issued by the physician is based upon the physician's professional opinion after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship.

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 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 immediately upon the determination by a court that the qualifying patient 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 who fails to comply with the requirements for the medical use of marijuana under sections 1 to 9, inclusive, of this act.

Sec. 9. (NEW) (Effective October 1, 2005) (a) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana in order to avoid arrest or prosecution under chapter 420b of the general statutes shall be guilty of a class C misdemeanor.

(b) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the issuance of a written certification for the medical use of marijuana by a physician to which section 7 of this act does not apply shall be guilty of a class A misdemeanor.

Sec. 10. Subsection (a) of section 21a-246 of the general statutes, as amended by section 146 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) No person within this state shall manufacture, wholesale, repackage, supply, compound, mix, cultivate or grow, or by other process produce or prepare, controlled substances without first obtaining a license to do so from the Commissioner of Agriculture and Consumer Protection and no person within this state shall operate a laboratory for the purpose of research or analysis using controlled substances without first obtaining a license to do so from the Commissioner of Agriculture and Consumer Protection, except that such activities by pharmacists or pharmacies in the filling and dispensing of prescriptions, or activities incident thereto, or the dispensing or administering of controlled substances by dentists, podiatrists, physicians [,] or veterinarians, or other persons acting under their supervision, in the treatment of patients shall not be subject to the provisions of this section, and provided laboratories for instruction in dentistry, medicine, nursing, pharmacy, pharmacology and pharmacognosy in institutions duly licensed for such purposes in this state shall not be subject to the provisions of this section except with respect to narcotic drugs and schedule I and II controlled substances. Upon application of any physician licensed pursuant to chapter 370, the Commissioner of Agriculture and Consumer Protection shall without unnecessary delay, license such physician to possess and supply marijuana for [the treatment of glaucoma or the side effects of chemotherapy] medical use pursuant to sections 1 to 9, inclusive, of this act. No person [without] outside this state shall sell or supply controlled substances within [the] this state without first obtaining a license to do so from the Commissioner of Agriculture and Consumer Protection, provided no such license shall be required of a manufacturer whose principal place of business is located outside [the] this state and who is registered with the federal Drug Enforcement [Agency] Administration or other federal agency, and who files a copy of such registration with the appropriate licensing authority under this chapter.

Sec. 11. Section 21a-253 of the general statutes, as amended by section 146 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

Any [person] qualifying patient, as defined in section 1 of this act, may possess or have under [his] such qualifying patient's control a quantity of marijuana less than or equal to that quantity supplied [to him] pursuant to a prescription made in accordance with the provisions of section 21a-249 by a physician licensed under the provisions of chapter 370 and further authorized by subsection (a) of section 21a-246, as amended by this act, by the Commissioner of Agriculture and Consumer Protection to possess and supply marijuana for [the treatment of glaucoma or the side effects of chemotherapy] medical use pursuant to sections 1 to 9, inclusive, of this act. The provisions of this section do not apply to the possession or control of marijuana of a kind or in a quantity not permitted for medical use pursuant to sections 1 to 9, inclusive, of this act. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2005

New section

Sec. 2

October 1, 2005

New section

Sec. 3

October 1, 2005

New section

Sec. 4

October 1, 2005

New section

Sec. 5

October 1, 2005

New section

Sec. 6

October 1, 2005

New section

Sec. 7

October 1, 2005

New section

Sec. 8

October 1, 2005

New section

Sec. 9

October 1, 2005

New section

Sec. 10

October 1, 2005

21a-246(a)

Sec. 11

October 1, 2005

21a-253