HB 1138 -- 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 individuals are 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 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 unless the area is
designated for medical marijuana use;

(7)  Prohibits the fraudulent representation of the medical use
of marijuana to any law enforcement official.  A person who
violates 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 2008.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am