HB 1348 -- Medical Marijuana

Sponsor:  Walker

This bill revises provisions 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 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 less 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, 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.  Violation 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.  A court must allow a defendant to present
evidence that would support a defense for the medical use of
marijuana;

(9)  Requires the Department of Health and Senior Services to
develop rules for governing the issuance 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
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am