[PARTIX.]  MEDICAL USE OF MARIJUANA

 

Law Journals and Reviews

 

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

 

§329-121  Definitions.  As used in thispart:

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

"Debilitating medical condition" means:

(1)  Cancer, glaucoma, positive status for humanimmunodeficiency virus, acquired immune deficiency syndrome, or the treatmentof these conditions;

(2)  A chronic or debilitating disease or medicalcondition 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 characteristicof 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 thedepartment of health pursuant to administrative rules in response to a requestfrom a physician or potentially qualifying patient.

"Marijuana" shall have the samemeaning as "marijuana" and "marijuana concentrate" asprovided in sections 329-1 and 712-1240.

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

"Physician" means a person who islicensed to practice medicine or osteopathic medicine under chapter 453 and islicensed with authority to prescribe drugs and is registered under section329-32.  "Physician" does not include physician's assistant asdescribed in section 453-5.3 or an advanced practice registered nurse withprescriptive authority as described in section 457-8.6.

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

"Qualifying patient" means a personwho has been diagnosed by a physician as having a debilitating medicalcondition.

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

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

 

Note

 

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