Plant derived pain medication.

2015
STATE OF WYOMING
15LSO-0339
Numbered
2.1

HOUSE BILL

NO.
HB0078

Plant derived pain medication.

Sponsored by:
Representative(s) Gay and Byrd and Senator(s) Case

A BILL

for

AN ACT relating to public health; allowing supervised use of plant derived pain medication as specified; providing an exemption from prosecution for possession or use of plant derived pain medication as specified; authorizing a fee for registration; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
7
‑
1063 and 35
‑
7
‑
1801 through 35
‑
7
‑
1803 are created to read:

35
‑
7
‑
1063
.

Exception to provisions.

The provisions and penalties of this chapter shall not apply to the medical use of
plant derived pain medication
when used in accordance with the provisions of W.S. 35
‑
7
‑
1801 through 35
‑
7
‑
1803.

ARTICLE 18
SUPERVISED MEDICAL USE OF PLANT DERIVED PAIN MEDICATION

35
‑
7
‑
1801
.

Definitions.

(a)

As used in this article:

(i)

"Department" means the state department of health;

(ii)

"Parent" means a parent or legal guardian of a minor who is responsible for the minor’s medical care;

(i
i
i)

"
Plant derived pain medication
" means
a preparation
containing cannabis plant material that:

(A)

Is composed of less than
five
percen
t (5
%) tetrahydrocannabinol by weight;

(B)

Is composed of at least fifteen percent
(15%) cannabidiol by weight;

(C)

Contains no other psychoactive substance
;

(D)

Does not consist only of cannabis plant material in its untreated form; and

(E)

Is not intended for ingestion by smoking.

(iv)

"Prescribing physician" means a person who is licensed to practice medicine pursuant to W.S. 33
‑
26
‑
301 et seq. and who
certified by a nationally recognized professional organization a
s a neurosurgeon, neurologist, pain management specialist, psychiatrist, oncologist or
ophthalmologist
;

(v)

"Registrant" means the person who holds a registration card issued by the department pursuant to this article;

(
v
i
)

"R
egistration card" means a card issued by the department under W.S. 35
‑
7
‑
1802.

35
‑
7
‑
1802
.

Plant derived pain medication registration cards.

(a)

The department shall issue a
plant derived pain medication
registration card to a person who:

(i)

Is at least eighteen (18) years of age;

(ii)

Is a resident of Wyoming;

(iii)

Provides a statement to the department which is signed by a
prescribing

physician
and specifi
es that the person suffers from long term pain, glaucoma or migraine
and may benefit from treatment with
plant derived pain medication
;

(iv)

Pays a fee to the department as specified in subsection (e) of this section; and

(v)

Submits an application to the department on a form created by the department that contains:

(A)

The individual's name and address;

(B)

A copy of the individual's valid photo identification; and

(C)

Any other information the department considers necessary to implement this article.

(b)

The department shall issue a registration card to a parent who:

(i)

Is at least eighteen (18) years of age;

(ii)

Is a Wyoming resident;

(iii)

Provides the department with a statement signed by a
prescribing
physician that the minor in the parent's care
suffers from long term pain, glaucoma or migraine and
may benefit from treatment
plant derived pain medication
;

(iv)

Pays the department a fee as provided in subsection (e) of this section; and

(v)

Submits an application to the department on a form created by the department, which contains:

(A)

The parent's name and address;

(B)

The minor's name;

(C)

A copy of the parent's valid photo identification; and

(D)

Any other information the department considers necessary to implement this article.

(c)

The department shall maintain a registry of:

(i)

The names of each applicant to whom the department issues a registration card under subsection (a) of this section; and

(ii)

The names of each minor receiving care from a parent who is issued a registration card under subsection (b) of this section.

(d)

The department shall promulgate rules and regulations to establish:

(i)

The information an applicant is required to provide to the department under this article; and

(ii)

The form of the registration card issued under this article.

(e)

The department shall establish a fee for maintaining the registry in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the registry.

(f)

A registration card issued under subsection (a) or (b) of this section is valid for one (1) year and is renewable if, at the time of renewal, the registrant meets the requirements of subsection (a) or (b) of this section.

(g)

The
prescribing physician
who signs a statement as provided in this section shall:

(i)

Keep a record of
his
evaluation and observation of a patient who is a registrant or a minor under a registrant's care including the patient's response to
plant derived pain medication
; and

(ii)

Transmit a copy of the records to the department.

(h)

The department shall maintain a database of records received under subsection (g) of this section. The department shall treat the records as confidential, provided that the department may share the records with a higher education institution for the purpose of studying
plant derived pain medication
if the records are redacted so that the patient cannot be identified individually.

35
‑
7
‑
1803
.

Exemption from criminal and civil penalties for the medical use of plant derived pain medication.

(a)

Notwithstanding any other provision of this chapter, an individual who possesses or uses
plant derived pain medication
is not subject to the penalties described in this chapter for possession or use of the
medication
if the individual:

(i)

Possesses or uses the
plant derived pain medication pursuant to the direction of his prescribing physician
;

(ii)

Obtains a
registration card issued by the department under W.S. 35
‑
7
‑
1802; and

(iii)

Can provide, through a certificate of analysis or otherwise, evidence that the
medication
meets the percentages for tetrahydrocannabinol and cannabidiol provided in W.S. 37
‑
7
‑
1801(a)(ii
i
).

(b)

Notwithstanding any other provision of this chapter, an individual who possesses
plant derived pain medication
lawfully under subsection (a) of this section and administers the
pain medication
to a minor is not
subject to the penalties described in this chapter for administering the
medication
to the minor if:

(i)

The individual is the minor's parent or legal guardian; and

(ii)

The individual obtains a registration card issued by the department under W.S. 35
‑
7
‑
1802(b).

Section 2
.

W.S. 35
‑
7
‑
1002(a)(xxviii) is amended to read:

35
‑
7
‑
1002
.

Definitions.

(a)

As used in this act:

(xxviii)

"This act" means W.S. 35
‑
7
‑
1001 through
35
‑
7
‑
1060

35
‑
7
‑
1063
.

Section
3
.

This
act is effective July 1,
2015
.

(END)

1
HB0078