Connecticut Seal

General Assembly

Amendment

 

January Session, 2005

LCO No. 6513

   
 

*SB0012406513SRO*

Offered by:

 

SEN. FREEDMAN, 26th Dist.

REP. BOUCHER, 143rd Dist.

 

To: Subst. Senate Bill No. 124

File No. 403

Cal. No. 326

Strike sections 1 and 2 in their entirety and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective October 1, 2005) As used in sections 1 to 10, inclusive, of this act, and sections 12a-246, as amended by this act, and 21a-53 of the general statutes, as amended by 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, 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;

(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 medical condition;

(6) "Terminal medical condition" means in the final stage of an incurable or irreversible medical condition which will result in death within a relatively short time, in the opinion of the attending physician;

(7) "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

(8) "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 terminal 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 terminal 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;

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

(4) The cultivation of such marijuana occurs in a secure indoor facility.

(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, as amended, 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) 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, cultivation 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, cultivated or transported, together with the amount of marijuana jointly possessed by the qualifying patient and the primary caregiver, shall not exceed five marijuana plants and 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.

(d) 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. "

Strike section 7 in its entirety and substitute the following in lieu thereof:

"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 terminal 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. "