HB 1831 -- Medical Marijuana

Sponsor:  Villa

This bill changes the laws regarding 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 reclassifies it under Schedule II;

(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 younger than 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, drug 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 the protections
contained in the bill;

(5)  Prohibits the medical use of marijuana when it endangers the
health or well-being of another or while a person is operating
heavy machinery or driving an automobile.  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;

(6)  Exempts insurance companies from providing coverage for the
medical use 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 or 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 issuance of registry
identification cards.  A qualifying patient and primary caregiver
are required to submit certain information before receiving the
card.  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 to
sell, administer, deliver, dispense, distribute, cultivate, or
possess marijuana or related supplies for medicinal use.

The bill has a referendum provision and will be submitted to
qualified voters by November 2006.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:44 am