SB 23-081

Abstract

Current law allows a physician to submit documentation to the department of public health and environment (department) stating that a patient has a debilitating medical condition or disabling medical condition and may benefit from the use of medical marijuana. The bill clarifies that the physician is submitting a recommendation to the department rather than a certification or authorization. The bill removes the following requirements for a physician's recommendation to the department: The physician's federal drug enforcement agency number; The maximum THC potency level of the medical marijuana product; The recommended medical marijuana product; The patient's daily authorized quantity of the medical marijuana product; and Directions for use of the medical marijuana product. The bill allows a physician to establish a bonafide physician-patient relationship remotely via video or telephone conference if the patient is: 21 years of age or older; Under 18 years of age; or 18 years of age or older but under 21 years of age and the patient received a medical marijuana recommendation prior to 18 years of age. The bill clarifies that a patient must only present a uniform certification form completed by a recommending physician to a medical marijuana store if the patient seeks to purchase more than the statutorily allowed limit of medical marijuana products. Current law limits the amount of medical marijuana concentrate that a patient may purchase in a single day to 8 grams. The bill increases that limitation to 40 grams, but limits the total amount that a patient can purchase in a 30-day period to the equivalent of 8 grams per day. Current law limits the combined amount of medical marijuana products that a patient may purchase in a single day to 20,000 milligrams. The bill adds an exception to that limitation for nonedible, nonpsychoactive medical marijuana products. Current law limits the amount of medical marijuana concentrate that a patient 18 years of age or older but under 21 years of age may purchase in a single day to 2 grams. The bill allows a patient that is 18 years of age or older but under 21 years of age and had a registry identification card issued by the department prior to 18 years of age to purchase in a single day up to 8 grams of medical marijuana concentrate. The bill clarifies that when a physician issues a uniform certification form to a patient 18 years of age or older, the physician may consider whether the patient had a registry identification card issued by the department prior to 18 years of age as a factor in recommending that the patient be allowed to purchase more than the statutorily allowed quantities of medical marijuana products. The bill allows a retail marijuana store to sell retail marijuana products to patients at the statutorily allowed limit for medical marijuana products and registered primary caregivers 21 years of age or older who present a registry identification card issued by the department. The bill also allows a registered primary caregiver to purchase retail marijuana products for a patient who is under 21 years of age at the applicable statutorily allowed limit for medical marijuana products for patients under 21 years of age. (Note: This summary applies to this bill as introduced.)