HB 277 -- Marijuana for Medicinal Purposes

Sponsor:  Meiners

This bill changes the laws regarding the classification of
marijuana as a controlled substance and allows its use for
medicinal purposes.  In its main provisions, the bill:

(1)  Removes marijuana from the Schedule I classification for
controlled substances and reclassifies it under Schedule II;

(2)  Prohibits the arrest, prosecution, or penalty in any manner
of a qualifying patient who possesses a written certification for
the medical use of marijuana if the quantity doesn't exceed an
adequate supply.  A qualifying patient younger than 18 years of
age is also exempt from arrest, prosecution, or penalty if a
parent or guardian consents in writing to and controls the
medical use of marijuana;

(3)  Prohibits a physician from being subject to arrest,
prosecution, penalty, or denial of any right or privilege for
providing written certification for the medical use of marijuana
to a qualifying patient;

(4)  Requires marijuana, drug paraphernalia, or other property
seized from a qualifying patient or primary caregiver in
connection with the claimed medical use of marijuana to be
returned to the patient or caregiver immediately upon a
determination by a court or prosecutor that the individual is
entitled to the protections contained in the bill;

(5)  Gives medical marijuana patients the same rights as other
pharmaceutically medicated individuals relating to routine
traffic stops, interaction with law enforcement that does not
involve an illegal act, employer interaction, and drug testing
pertaining to marijuana and its metabolites;

(6)  Prohibits the medical use of marijuana when it compromises
the health or well-being of another.  The smoking of marijuana is
prohibited in a school bus, public bus, or other public vehicle;
in the workplace; on school grounds; in a correctional facility;
or at any public park, public beach, public recreation center, or
youth center unless the area is designated for medical marijuana
use;

(7)  Prohibits the fraudulent representation to any law
enforcement official of any fact or circumstance relating to the
medical use of marijuana to avoid arrest or prosecution.  A
person who violates this provision will be guilty of a petty
misdemeanor and subject to a $500 fine;

(8)  Allows a qualifying patient or a primary caregiver to assert
the medical use of marijuana as a defense to any prosecution
involving marijuana based on certain conditions;

(9)  Requires the Department of Health and Senior Services to
establish rules for governing the issuance of registry
identification cards to a person as a qualifying patient or
primary caregiver.  A qualifying patient or the primary caregiver
is required to submit an application containing certain
information before receiving the card.  The department has 30
days to approve or deny an application.  Possession of the card
by a qualifying patient or a primary caregiver is required;

(10)  Requires the department to maintain a confidential list of
persons who have been issued a card; and

(11)  Requires an organization to register with the department in
order to sell, administer, deliver, dispense, distribute,
cultivate, or possess marijuana or related equipment, supplies,
educational materials, or marijuana seeds for medical use.

The bill contains a referendum clause and will be submitted to
qualified voters in November 2010.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am