ROBERT L. EHRLICH, JR., Governor                             Ch. 442

ASSESSMENT OF THE PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL
CONDITION MADE IN THE COURSE OF A BONA FIDE PHYSICIAN PATIENT
RELATIONSHIP, THE PATIENT HAS A DEBILITATINC MEDICAL CONDITION AND THE
POTENTIAL BENEFITS OF THE MEDICAL USE OF MARIJUANA WOULD LIKELY
OUTWEIGH THE HEALTH RISKS FOR THE PATIENT.

(B) (1) THE GENERAL ASSEMBLY FINDS THAT STATE LAW SHOULD MAKE A
DISTINCTION BETWEEN THE MEDICAL AND NONMEDICAL USE OF MARIJUANA.

(2) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO ENSURE THAT;

(I) THERE IS FURTHER RESEARCH AND EXPERIMENTATION
REGARDING THE USE OF MARIJUANA UNDER CERTAIN CIRCUMSTANCES;

(II) PHYSICIANS ARE NOT PENALIZED FOR DISCUSSING

MARIJUANA AS A TREATMENT OPTION WITH THEIR PATIENTS; AND

(III) SERIOUSLY ILL INDIVIDUALS WHO ENGAGE IN THE MEDICAL
USE OF MARIJUANA ON THEIR PHYSICIANS' ADVICE ARE NOT ARRESTED AND
INCARCERATED FOR USING MARIJUANA FOR MEDICAL PURPOSES.

(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY;

(1) A PATIENT WHO HAS IN THE PATIENT'S POSSESSION WRITTEN
CERTIFICATION OR A PROGRAM PARTICIPATION CARD ISSUED BY THE BOARD OF
PHYSICIAN QUALITY ASSURANCE MAY NOT BE SUBJECT TO ARREST OR
PROSECUTION, OR BE PENALIZED IN ANY MANNER, FOR THE MEDICAL USE OF
MARIJUANA, PROVIDED THE QUANTITY OF MARIJUANA DOES NOT EXCEED AN
ADEQUATE SUPPLY;

(2) WHEN THE ACQUISITION, POSSESSION, CULTIVATION,

TRANSPORTATION, OR ADMINISTRATION OF MARIJUANA BY A PARTICIPATING
PATIENT IS NOT PRACTICABLE, THE LEGAL PROTECTIONS ESTABLISHED BY THIS
SECTION FOR A PARTICIPATING PATIENT SHALL EXTEND TO THE PARTICIPATING
PATIENT'S PRIMARY CAREGIVER PROVIDED THAT THE PRIMARY CAREGIVER'S
ACTIONS ARE NECESSARY FOR THE PARTICIPATING PATIENT'S MEDICAL USE OF
MARIJUANA; AND

(3) A PHYSICIAN MAY NOT BE SUBJECTED TO ARREST OR CRIMINAL
PROSECUTION, OR BE DENIED ANY RIGHT OR PRIVILEGE, FOR PROVIDING WRITTEN
CERTIFICATION FOR THE MEDICAL USE OF MARIJUANA TO PATIENTS.

(D) (1) ANY PROPERTY THAT IS POSSESSED, OWNED, OR USED IN
CONNECTION WITH THE MEDICAL USE OF MARIJUANA OR ACTS INCIDENTAL TO THE
MEDICAL USE OF MARIJUANA MAY NOT BE HARMED, NEGLECTED, INJURED, OR
DESTROYED WHILE IN THE POSSESSION OF STATE OR LOCAL LAW ENFORCEMENT
OFFICIALS, PROVIDED THAT LAW ENFORCEMENT AGENCIES SEIZING LIVE
MARIJUANA PLANTS AS EVIDENCE SHALL NOT BE RESPONSIBLE FOR THE CARE AND
MAINTENANCE OF THE PLANTS.

(2) ANY PROPERTY DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION
MAY NOT BE FORFEITED UNDER ANY PROVISION OF STATE OR LOCAL LAW

- 3019 -