SB 1034

This bill creates a program that allows for the possession and use of medical

marijuana by registered patients and that licenses medical marijuana producers,

processors, dispensaries, transporters, and laboratories to operate in this state.

Medical Marijuana Regulatory Commission

The bill creates the Medical Marijuana Regulatory Commission to regulate the

medical marijuana program. The commission is attached to the Department of

Revenue and consists of one member appointed by the governor, one member

appointed by the senate majority leader, one member appointed by the speaker of the

assembly, one member appointed by the senate minority leader, and one member

appointed by the assembly minority leader. The members serve staggered terms of

six years each. The governor selects one of the appointees to serve as the chairperson

for a two-year term.

Recommendations; registered patients and caregivers

The bill authorizes physicians, physician assistants, and certified advanced

practice nurse prescribers to provide a written recommendation for a patient to use

medical marijuana under certain circumstances, including the existence of a bona

fide health care provider-patient relationship and that the patient suffers from a

qualifying medical condition. Minors are eligible to receive a recommendation for use

of medical marijuana if certain requirements are met. Medical marijuana must be

in the form of a liquid, oil, pill, or tincture or in a form that is applied topically.

Under the bill, patients and primary caregivers may apply to the commission

to receive a registry identification card, allowing the patient or primary caregiver to

obtain medical marijuana from a dispensary. Applicants must meet certain criteria,

including that the person is a resident of the state and submits a written

recommendation that is less than 30 days old from a physician, physician assistant,

or certified advanced practice nurse prescriber. A primary caregiver must be over the

age of 21 and may not have any drug-related conviction. The commission is required

to establish and maintain a list of registered cardholders and must establish rules

for implementation of the medical marijuana program as it relates to

recommendation and registration.

The bill also requires the commission to establish procedures for physicians,

physician assistants, and certified advanced practice nurse prescribers to apply for

certification and to be certified to recommend the use of medical marijuana to

qualifying patients. All such persons certified by the commission must keep

complete and accurate records of the recommendations made and for whom the

recommendations are made and provide that information to the commission at the

commission's request.

The bill provides civil, criminal, and professional disciplinary immunity for

physicians, physician assistants, and certified advanced practice nurse prescribers

who recommend medical marijuana for patients in accordance with the