Cannabidiol medication.

2015
STATE OF WYOMING
15LSO-0567
Numbered
2.1

HOUSE BILL

NO.
HB0227

Cannabidiol medication.

Sponsored by:
Representative(s) Gay

A BILL

for

AN ACT relating to public health; allowing supervised use of cannabidiol as specified; providing an exemption from prosecution for possession or use of cannabidiol 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 cannabidiol or CBD when used in
accordance with the provisions of W.S. 35
‑
7
‑
1801 through 35
‑
7
‑
1803.

ARTICLE 18
SUPERVISED MEDICAL USE OF CANNABIDIOL

35
‑
7
‑
1801
.

Definitions.

(a)

As used in this article:

(i)

"Cannabidiol" or "CBD" means an oil or other preparation
intended as a medicine
made from the cannabis plant which contains primarily
cannabidiol as its active ingredient and which contains no tetrahydrocannabinol or THC or any other psychoactive substance;

(i
i
)

"Department" means the
Wyoming
department of health;

(ii
i
)

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

(iv)

"Prescribing physician" means a person who is licensed to practice medicine pursuant to W.S. 33
‑
26
‑
301 et seq. and who
is
certified by a nationally recognized professional organization as 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;

(vi)

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

35
‑
7
‑
1802
.

CBD registration cards.

(a)

The department shall issue a
CBD
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 specifies that the
person
may benefit from treatment with
CBD
;

(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
applying for a registration card on behalf of a minor who is a resident of Wyoming
;

(iii)

Provides the department with a statement signed by a prescribing physician that the minor in the parent's care may benefit from treatment
with CBD
;

(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
each
patient who is a registrant or a minor under a registrant's care including the patient's response to
CBD
; and

(ii)

Transmit a copy of the records to the department
in accordance with rule and regulation of 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
CBD
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 CBD.

(a)

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

(i)

Possesses or uses the
CBD
pursuant to the direction of his prescribing physician;

(ii)

Possesses
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
does not contain tetrahydrocannabinol
.

(b)

Notwithstanding any other provision of this chapter, an individual who possesses
CBD
lawfully under subsection (a) of this section and administers the
CBD
to a minor is not subject to
any
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
possesses
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
HB0227