[PART
IX.]  MEDICAL USE OF MARIJUANA



 



Law Journals and Reviews



 



  Gonzales v. Raich:  How the Medical Marijuana Debate Invoked
Commerce Clause Confusion.  28 UH L. Rev. 261.



 



§329-121  Definitions.  As used in this
part:



"Adequate supply" means an amount of
marijuana jointly possessed between the qualifying patient and the primary
caregiver that is not more than is reasonably necessary to assure the
uninterrupted availability of marijuana for the purpose of alleviating the
symptoms or effects of a qualifying patient's debilitating medical condition;
provided that an "adequate supply" shall not exceed three mature
marijuana plants, four immature marijuana plants, and one ounce of usable
marijuana per each mature plant.



"Debilitating medical condition" means:



(1)  Cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency syndrome, or the treatment
of these conditions;



(2)  A chronic or debilitating disease or medical
condition or its treatment that produces one or more of the following:



(A)  Cachexia or wasting syndrome;



(B)  Severe pain;



(C)  Severe nausea;



(D)  Seizures, including those characteristic
of epilepsy; or



(E)  Severe and persistent muscle spasms,
including those characteristic of multiple sclerosis or Crohn's disease; or



(3)  Any other medical condition approved by the
department of health pursuant to administrative rules in response to a request
from a physician or potentially qualifying patient.



"Marijuana" shall have the same
meaning as "marijuana" and "marijuana concentrate" as
provided in sections 329-1 and 712-1240.



"Medical use" means the acquisition,
possession, cultivation, use, distribution, or transportation of marijuana or
paraphernalia relating to the administration of marijuana to alleviate the
symptoms or effects of a qualifying patient's debilitating medical condition. 
For the purposes of "medical use", the term distribution is limited
to the transfer of marijuana and paraphernalia from the primary caregiver to
the qualifying patient.



"Physician" means a person who is
licensed to practice medicine or osteopathic medicine under chapter 453 and is
licensed with authority to prescribe drugs and is registered under section
329-32.  "Physician" does not include physician's assistant as
described in section 453-5.3 or an advanced practice registered nurse with
prescriptive authority as described in section 457-8.6.



"Primary caregiver" means a person,
other than the qualifying patient and the qualifying patient's physician, who
is eighteen years of age or older who has agreed to undertake responsibility
for managing the well-being of the qualifying patient with respect to the
medical use of marijuana.  In the case of a minor or an adult lacking legal
capacity, the primary caregiver shall be a parent, guardian, or person having
legal custody.



"Qualifying patient" means a person
who has been diagnosed by a physician as having a debilitating medical
condition.



"Usable marijuana" means the dried
leaves and flowers of the plant Cannabis family Moraceae, and any mixture [or]
preparation thereof, that are appropriate for the medical use of marijuana.  "Usable
marijuana" does not include the seeds, stalks, and roots of the plant.



"Written certification" means the
qualifying patient's medical records or a statement signed by a qualifying
patient's physician, stating that in the physician's professional opinion, the
qualifying patient has a debilitating medical condition and the potential
benefits of the medical use of marijuana would likely outweigh the health risks
for the qualifying patient.  The department of public safety may require,
through its rulemaking authority, that all written certifications comply with a
designated form.  "Written certifications" are valid for only one
year from the time of signing. [L 2000, c 228, pt of §2; am L 2009, c 11, §43
and c 169, §7]



 



Note



 



  The L 2009, c 11, §43 amendment is retroactive to April 3,
2008.  L 2009, c 11, §76(2).