It is hereby enacted by the General Assembly of the State of
Vermont:
Sec. 1. 18 V.S.A. chapter 86 is amended to read:
CHAPTER 86.
THERAPEUTIC USE OF CANNABIS
Subchapter 1.
Research Program
§ 4471. Cannabis therapeutic research program; establishment;
participation
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Subchapter
2. Marijuana Use by Persons with Severe Illness
§ 4472. DEFINITIONS
For the purposes of this
subchapter:
(1) “Bona fide
physician-patient relationship” means a treating or consulting relationship of
not less than six months duration, in the course of which a physician has
completed a full assessment of the registered patient’s medical history and
current medical condition, including a personal physical examination.
(2) “Debilitating medical
condition” means:
(A) end of life care for cancer
or acquired immune deficiency syndrome; or
(B) cancer, acquired immune
deficiency syndrome, positive status for human immunodeficiency virus, multiple
sclerosis, or the treatment of these diseases or medical conditions if:
(i) the disease or condition or
its treatment results in severe, persistent, and intractable symptoms; and
(ii) in the context of the
specific disease or condition, reasonable medical efforts have been made over a
reasonable amount of time without success in relieving the symptoms.
(3) “Marijuana” shall have the
same meaning as provided in subdivision 4201(15) of this title.
(4) “Possession limit” means
the amount of marijuana collectively possessed between the registered patient
and the patient’s registered caregiver which is no more than one mature
marijuana plant, two immature plants, and two ounces of usable marijuana.
(5) “Physician” means a person
who is licensed under chapter 23 or chapter 33 of Title 26, and is licensed
with authority to prescribe drugs under Title 26.
(6) “Registered caregiver”
means a person who is at least 21 years old who has never been convicted of a
drug-related crime and who has agreed to undertake responsibility for managing
the well-being of a registered patient with respect to the use of marijuana for
symptom relief.
(7) “Registered patient” means
a person who has been issued a registration card by the department of public
safety identifying the person as having a debilitating medical condition
pursuant to the provisions of this subchapter.
(8) “Secure indoor facility”
means a building or room equipped with locks or other security devices that
permit access only by a registered caregiver or registered patient.
(9) “Usable marijuana” means
the dried leaves and flowers of marijuana, and any mixture or preparation
thereof, and does not include the seeds, stalks, and roots of the plant.
(10) “Use for symptom relief”
means the acquisition, possession, cultivation, use, transfer, or
transportation of marijuana or paraphernalia relating to the administration of
marijuana to alleviate the symptoms or effects of a registered patient’s
debilitating medical condition which is in compliance with all the limitations and
restrictions of this subchapter. For the purposes of this definition,
“transfer” is limited to the transfer of marijuana and paraphernalia between a
registered caregiver and a registered patient.
§ 4473. REGISTERED PATIENTS; QUALIFICATION STANDARDS AND
PROCEDURES
(a) To become a registered
patient, a person must be diagnosed with a debilitating medical condition by a
physician in the course of a bona fide physician-patient relationship.
(b) The department of public
safety shall review applications to become a registered patient using the
following procedures:
(1) A patient with a
debilitating medical condition shall submit, under oath, a signed application
for registration to the department. If the patient is under the age of 18 the
application must be signed by both the patient and a parent or guardian. The
application shall require identification and contact information for the
patient and the patient’s registered caregiver applying for authorization under
section 4474 of this title, if any. The applicant shall attach to the
application a copy of relevant portions of the patient’s medical record
sufficient to establish that the patient has a debilitating medical condition.
(2) The department shall
contact the physician for purposes of verifying the existence of a bona fide
physician-patient relationship and the accuracy of the medical record. The
department may approve an application, notwithstanding the six-month
requirement in subdivision 4472(1) of this title, if the department is satisfied
that the debilitating medical condition is of recent or sudden onset and that
the patient has not had a previous physician who is able to verify the nature
of the disease and its symptoms.
(3) The department shall
approve or deny the application for registration in writing within 30 days from
receipt of a completed registration application. If the application is
approved, the department shall issue the applicant a registration card which
shall include the registered patient’s name and photograph, as well as a unique
identifier for law enforcement verification purposes under section 4474d of
this title.
(4)(A) A review board is
established. The medical practice board shall appoint three physicians
licensed in Vermont to constitute the review board. If an
application under subdivision (1) of this subsection is denied, within seven
days the patient may appeal the denial to the board. Review shall be limited
to information submitted by the patient under subdivision (1) of this
subsection, and consultation with the patient’s treating physician. All
records relating to the appeal shall be kept confidential. An appeal shall be
decided by majority vote of the members of the board.
(B) The board shall meet
periodically to review studies, data, and any other information relevant to the
use of marijuana for symptom relief. The board may make recommendations to the
general assembly for adjustments and changes to this chapter.
(C) Members of the board shall
serve for three-year terms, beginning February 1 of the year in which the
appointment is made, except that the first members appointed shall serve as
follows: one for a term of two years, one for a term of three years, and one
for a term of four years. Members shall be entitled to per diem compensation
authorized under section 1010 of Title 32. Vacancies shall be filled in the
same manner as the original appointment for the unexpired portion of the term
vacated.
§ 4474. REGISTERED CAREGIVERS; QUALIFICATION STANDARDS
AND PROCEDURES
(a) A person may submit a
signed application to the department of public safety to become a registered
patient’s registered caregiver. The department shall approve or deny the
application in writing within 30 days. The department shall approve a
registered caregiver’s application and issue the person an authorization card,
including the caregiver’s name, photograph, and a unique identifier, after
verifying:
(1) the person will serve as
the registered caregiver for one registered patient only; and
(2) the person has never been
convicted of a drug‑related crime.
(b) Prior
to acting on an application, the department shall obtain from the Vermont
criminal information center a Vermont criminal record, an
out-of-state criminal record,
and a criminal record from the Federal Bureau of Investigation for the
applicant. For purposes of this subdivision, “criminal record” means a record
of whether the person has ever been convicted of a drug-related crime. Each
applicant shall consent to release of criminal records to the department on
forms substantially similar to the release forms developed by the center
pursuant to section 2056c of Title 20. The department shall comply with all
laws regulating the release of criminal history records and the protection of
individual privacy. The Vermont criminal information center
shall send to the requester any record received pursuant to this section or
inform the department of public safety that no record exists. If the
department disapproves an application, the department shall promptly provide a
copy of any record of convictions and pending criminal charges to the applicant
and shall inform the applicant of the right to appeal the accuracy and
completeness of the record pursuant to rules adopted by the Vermont criminal
information center. No person shall confirm the existence or nonexistence of
criminal record information to any person who would not be eligible to receive
the information pursuant to this subchapter.
(c) A registered caregiver may
serve only one registered patient at a time, and a registered patient may have
only one registered caregiver at a time.
§ 4474a. REGISTRATION; FEES
(a) The department shall collect
a fee of $100.00 for the application authorized by sections 4473 and 4474 of
this title. The fees received by the department shall be deposited into a
registration fee fund and used to offset the costs of processing applications
under this subchapter.
(b) A registration card shall
expire one year after the date of issue, with the option of renewal, provided
the patient submits a new application which is approved by the department of
public safety, pursuant to sections 4473 or 4474 of this title, and pays the
fee required under subsection (a) of this section.
§ 4474b. EXEMPTION FROM
CRIMINAL AND CIVIL PENALTIES;
SEIZURE
OF PROPERTY
(a) A
person who has in his or her possession a valid registration card issued
pursuant to this subchapter and who is in compliance with the requirements of
this subchapter, including the possession limits in subdivision 4472(4) of this
title, shall be exempt from arrest or prosecution under subsection 4230(a) of
this title.
(b) A physician who has
participated in a patient’s application process under subdivision 4473(b)(2) of
this title shall not be subject to arrest, prosecution, or disciplinary action
under chapter 23 of Title 26, penalized in any manner, or denied any right or
privilege under state law, except for giving false information, pursuant to
section 4474c(f) of this title.
(c) No person shall be subject
to arrest or prosecution for constructive possession, conspiracy, or any other
offense for simply being in the presence or vicinity of a registered patient or
registered caregiver engaged in use of marijuana for symptom relief.
(d) A law enforcement officer
shall not be required to return marijuana or paraphernalia relating to its use
seized from a registered patient or registered caregiver.
§ 4474c. PROHIBITIONS,
RESTRICTIONS, AND LIMITATIONS
REGARDING
THE USE OF MARIJUANA FOR SYMPTOM
RELIEF
(a) This subchapter shall not
exempt any person from arrest or prosecution for:
(1) Being under the influence
of marijuana while:
(A) operating a motor vehicle,
boat, or vessel, or any other vehicle propelled or drawn by power other than
muscular power;
(B) in a workplace or place of
employment; or
(C) operating heavy machinery
or handling a dangerous instrumentality.
(2) The use or possession of
marijuana by a registered patient or a registered caregiver:
(A) for purposes other than
symptom relief as permitted by this subchapter; or
(B) in a manner that endangers
the health or well-being of another person.
(3) The smoking of marijuana in
any public place, including:
(A) a school bus, public bus,
or other public vehicle;
(B) a workplace or place of
employment;
(C) any school grounds;
(D) any correctional facility;
or
(E) any public park, public
beach, public recreation center, or youth center.
(b) This chapter shall not be
construed to require that coverage or reimbursement for the use of marijuana
for symptom relief be provided by:
(1) a health insurer as defined
by subdivision 9402(7) of this title, or any insurance company regulated under
Title 8;
(2) an employer; or
(3) for purposes of worker’s
compensation, an employer as defined in subdivision 601(3) of Title 21.
(c) A registered patient or
registered caregiver who elects to grow marijuana to be used for symptom relief
by the patient may do so only if the marijuana is cultivated in a single,
secure indoor facility.
(d) A registered patient or
registered caregiver may not transport marijuana in public unless it is secured
in a locked container.
(e) Within 72 hours after the
death of a registered patient, the patient’s registered caregiver shall return
to the department of public safety for disposal any marijuana or marijuana
plants in the possession of the patient or registered caregiver at the time of
the patient’s death. If the patient did not have a registered caregiver, the
patient’s next of kin shall contact the department of public safety within 72
hours after the patient’s death and shall ask the department to retrieve such
marijuana and marijuana plants for disposal.
(f) Notwithstanding any law to
the contrary, a person who knowingly gives to any law enforcement officer false
information to avoid arrest or prosecution, or to assist another in avoiding
arrest or prosecution, shall be imprisoned for not more than one year or fined
not more than $1,000.00 or both. This penalty shall be in addition to any
other penalties that may apply for the possession or use of marijuana.
§ 4474d. LAW ENFORCEMENT
VERIFICATION OF INFORMATION;
RULEMAKING
(a) The department of public safety shall maintain
and keep confidential, except as provided in subsection (b) of this section and
except for purposes of a prosecution for false swearing under section 2904 of
Title 13, the records of all persons registered under this subchapter or
registered caregivers in a secure database accessible by authorized department
of health employees only.
(b) In response to a
person-specific or property-specific inquiry by a law enforcement officer or
agency made in the course of a bona fide investigation or prosecution, the
department may verify the identities and registered property addresses of the
registered patient and the patient’s registered caregiver.
(c) The department shall
maintain a separate secure electronic database accessible to law enforcement
personnel 24 hours a day that uses a unique identifier system to allow law
enforcement to verify that a person is a registered patient or registered
caregiver.
(d) The department of public
safety shall implement the requirements of this act within 120 days of its
effective date. The department may adopt rules under chapter 25 of Title 3 and
shall develop forms to implement this act.
Sec. 2. REPORT
The department of public safety,
with input from the review board and the department of health, shall report by January 1, 2006 to the house and senate committees on health and welfare and
judiciary on the use of marijuana for symptom relief. The report shall
include:
(1) statistics regarding the
number of people using marijuana for symptom relief, the number of applications
received by the department for persons to become registered patients or
registered caregivers, and the types of debilitating medical conditions
presented in the applications;
(2) a summary of the current
research, including the conclusions of the Institute of Medicine,
regarding whether there are legitimate medical uses of marijuana;
(3) an evaluation of the costs
of permitting the use of marijuana for symptom relief, including any costs to
law enforcement officers and costs of any litigation;
(4) an analysis of whether
permitting the use of marijuana for symptom relief has made it more difficult
to enforce criminal laws relating to substance abuse;
(5) an analysis of whether
permitting the use of marijuana for symptom relief has increased illegal
marijuana use by creating a public perception that arrests for possession and
use of marijuana have become less likely to occur and criminal charges have
become more difficult to prosecute;
(6) statistics regarding the
number of prosecutions brought against doctors and other persons for violations
of this act; and
(7) whether the United States
Food and Drug Administration has altered its position regarding the use of
marijuana for medical purposes or has approved alternative delivery systems for
marijuana.
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