Relating to the use of combustible dried raw cannabis as medical cannabidiol, and including effective date provisions

This bill relates to the use of medical cannabidiol in the form of combustible dried raw cannabis. The bill changes the definition of “medical cannabidiol” to include any species of the genus cannabis plant, or any mixture or preparation thereof, including whole plant extracts and resins, that is delivered by combustion of dried raw cannabis or in a form recommended by the medical cannabidiol board, approved by the board of medicine, and adopted by the department pursuant to rule. The bill allows a medical cannabidiol dispensary to dispense medical cannabidiol in the form of combustible dried raw cannabis to a patient if the patient’s health care practitioner has certified that the patient may receive combustible dried raw cannabis and the patient is at least years of age. A certification to receive combustible dried raw cannabis shall include a total tetrahydrocannabinol cap deemed appropriate by the patient’s health care practitioner. A medical cannabidiol dispensary shall not dispense more than three ounces of combustible dried cannabis in a single transaction. The bill adds affirmative defenses against prosecution for possession of marijuana that is medical cannabidiol in the form of combustible dried raw cannabis that is possessed by a person who possesses a valid medical cannabidiol registration card, is at least years of age, is certified to receive combustible dried raw cannabis, and possesses no more than three ounces of combustible dried raw cannabis, and for the primary caregiver of such a person. The bill prohibits a person under years of age from purchasing, possessing, or consuming medical cannabidiol in the form of combustible dried raw cannabis. Current law prohibits any person from smoking medical cannabidiol. The bill takes effect on January 1, 2023, or on the date that the department of public health determines that laboratories are prepared to perform required testing on dried raw cannabis, whichever is earlier. The department shall notify the Code editor if the bill takes effect prior to January 1, 2023.