MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Human Services
By: Representative Bomgar
AN ACT TO AMEND SECTION 41-29-136, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CBD OIL TO BE OBTAINED FROM A CBD OIL PREPARATION ESTABLISHMENT OPERATED PURSUANT TO REGULATIONS ADOPTED BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE THAT CBD OIL CAN BE OBTAINED UPON RECOMMENDATION OF A PHYSICIAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-136, Mississippi Code of 1972, is amended as follows:
41-29-136. (1) "CBD oil" means processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabidiol, or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (0.5%) of tetrahydrocannabinol.
(2) (a) CBD oil may only
be obtained on the * * *
recommendation of a physician who is licensed to practice in Mississippi * * *.
(b) (i) The CBD oil
must be obtained from or tested by the National Center for Natural Products
Research at the University of Mississippi and dispensed by the Department of
Pharmacy Services at the University of Mississippi Medical Center * * *; or
(ii) The CBD oil must be obtained from a CBD oil preparation establishment operated pursuant to regulations adopted by the State Department of Health provided by paragraph (d) of this section.
( * * *iii) The patient or the patient's
parent, guardian or custodian must execute a hold-harmless agreement that
releases from liability the state and any division, agency, institution or
employee thereof involved in the research, cultivation, processing, dispensing,
prescribing or administration of CBD oil.
(c) Except as provided in paragraph (d), the National Center for Natural Products Research at the University of Mississippi, the Department of Pharmacy Services at the University of Mississippi Medical Center and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce or possess cannabidiol for research.
(d) The State Department of Health shall seek to make CBD oil available to patients in Mississippi by issuing regulations to govern the operation of not more than ten (10) private CBD oil preparation establishments. Such regulations shall be based on the best practices that are in use in the other states that have adopted similar options for patients in those states.
(3) (a) Research of CBD oil under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable.
(b) The National Center for Natural Products Research at the University of Mississippi, the Department of Pharmacy Services at the University of Mississippi Medical Center and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are authorized to pursue any federal permits or waivers necessary to conduct the programs authorized under this section.
(c) The provisions of this subsection shall not apply to the CBD oil preparation establishments regulated by the State Department of Health.
(4) (a) In a prosecution for the unlawful possession of marihuana under the laws of this state, it is an affirmative and complete defense to prosecution that:
(i) The defendant
suffered from a debilitating epileptic condition or related illness or other
qualifying medical conditions as determined by regulation by the State
Department of Health, and the use or possession of CBD oil was pursuant to
the * * * recommendation
of a physician as authorized under this section; or
(ii) The defendant
is the parent, guardian or custodian of an individual who suffered from a
debilitating epileptic condition or related illness or other qualifying
medical condition as determined by regulation by the State Department of
Health, and the use or possession of CBD oil was pursuant to the * * * recommendation of a physician as
authorized under this section.
(b) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home based solely upon the possession or use of CBD oil by the child or parent, guardian or custodian of the child as authorized under this section.
(c) An employee of the state or any division, agency, institution thereof involved in the research, cultivation, processing, dispensing, prescribing or administration of CBD oil shall not be subject to prosecution for unlawful possession, use, distribution or prescription of marihuana under the laws of this state for activities arising from or related to the use of CBD oil in the treatment of individuals diagnosed with a debilitating epileptic condition or other qualifying medical condition as determined by regulation by the State Department of Health under this section.
(5) The State Department of Health shall promulgate the final regulations authorized by this section no later than One Hundred-twenty (120) days following the effective date of this act. The State Department of Health shall report to the Legislature on the implementation of this act by January 10, 2018 and by January 10, 2019 and by January 10, 2020. The State Department of Health may appoint an advisory board to assist with the issuing of regulations, oversight of CBD oil preparation establishments, and promotion of this act.
( * * *6) This section shall be known as
"Harper Grace's Law."
( * * *7) This section shall stand repealed
from and after July 1, * * *
2020.
SECTION 2. This act shall take effect and be in force from and after its passage.