SB 1035

Current law prohibits a person from manufacturing, distributing, or delivering

tetrahydrocannabinols (THC); possessing THC with the intent to manufacture,

distribute, or deliver it; possessing or attempting to possess THC; using drug

paraphernalia; or possessing drug paraphernalia. This bill creates a medical use

defense to such THC-related prosecutions and forfeiture actions for a person who is

registered with the Department of Health Services as having a specified debilitating

medical condition or undergoing a specified debilitating treatment. The bill also

prohibits the arrest or prosecution of such a person for those offenses. The defense

and prohibition do not apply under certain circumstances, such as 1) if the person

does not have a valid registry identification card; 2) if the amount of cannabis

involved is more than 12 plants and three ounces of leaves or flowers; 3) if, while

under the influence of THC, the person drives a motor vehicle or engages in other

conduct that endangers another person; or 4) if the person smokes cannabis on a

school bus or public transit or on school premises.

Under the bill, DHS must establish a medical cannabis registry, and a person

may apply to DHS for a registry identification card. The bill specifies that the

following medical conditions or treatments qualify a person for the registry: cancer,

glaucoma, AIDS or HIV, Crohn's disease, a hepatitis C virus infection, Alzheimer's

disease, amyotrophic lateral sclerosis, nail-patella syndrome, Ehlers-Danlos

syndrome, post-traumatic stress disorder, or the treatment of these conditions;

opioid abatement or reduction or treatment for opioid addiction; a chronic or

debilitating disease or medical condition or the treatment of such a disease or

condition that causes cachexia, severe pain, severe nausea, seizures, or severe and

persistent muscle spasms; and any other medical condition or treatment DHS

designates as a debilitating medical condition or treatment. DHS must issue a

qualified applicant a registry identification card. DHS must keep registry

information and applications confidential except for verifying status for law

enforcement purposes. Under the bill, practitioners may not provide a written

certification to obtain a registry identification card for himself or herself or any

family member, and practitioners who provide written certifications for registry

identification cards may not have any financial interest connected to a person or

entity that grows, processes, or distributes cannabis.

The bill requires any person operating as a medical cannabis producer,

processor, or dispensary to obtain a license from the Department of Agriculture,

Trade and Consumer Protection. A producer is defined as a person who grows more

than 12 cannabis plants. An applicant may not obtain a license, and DATCP must

revoke a license, if the applicant or licensee is located within 500 feet of a school,

distributes more than 12 cannabis plants and three ounces of cannabis leaves or

flowers to any person, or possesses an excessive quantity of cannabis as determined

by DATCP. The bill also requires DATCP to register laboratories to conduct testing