HB 644 -- Medical Marijuana

Co-Sponsors:  Walker, Villa, Lowe

This bill revises provisions pertaining to the classification of
marijuana as a controlled substance.

In its main provisions, the bill:

(1)  Removes marijuana from the Schedule I classification for
controlled substances and re-classifies marijuana under the
Schedule II classification for controlled substances;

(2)  Prohibits the arrest or prosecution of a qualifying patient
who possesses a written certification for the use of marijuana
for medical purposes.  A qualifying patient under 18 years of age
is also exempt from arrest or prosecution if a parent or guardian
consents to and controls the use of marijuana for medical
purposes;

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

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

(5)  Prohibits the medical use of marijuana from being certified
under certain conditions;

(6)  Exempts insurance companies from providing coverage for the
medical uses of marijuana;

(7)  Prohibits the fraudulent representation of the medical use
of marijuana to any law enforcement official.  Violations of this
provision will be subject to criminal and monetary penalties;

(8)  Allows a qualifying patient and a primary caregiver to
assert a defense for the medical use of marijuana based on
certain conditions;

(9)  Requires the Department of Health and Senior Services to
develop rules for governing the issue of a registry
identification card.  A qualifying patient and primary caregiver
is required to submit certain information before receiving the
card.  Possession of the card by a qualifying patient and a
primary caregiver is required;

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

(11)  Allows an organization which has registered with the
department to lawfully sell, administer, deliver, or possess
marijuana or related supplies for medical use.

The bill has a referendum provision and will be submitted to
qualified voters by November 4, 2004.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am