Cannabidiol medication.

2016
State of Wyoming
16LSO-0250
Introduced
1.2

HOUSE BILL

NO.

HB0110

Cannabidiol medication.

Sponsored by:
Representative(s) Gay and Byrd

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; requiring registration; authorizing a fee for registration; providing regulatory authority; 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
‑
2101 through 35
‑
7
‑
2103
are
created to read:

ARTICLE 21
SUPERVISED MEDICAL USE OF CANNABIDIOL

35
‑
7
‑
2101
.

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;

(ii)

"Department" means the department of health;

(iii)

"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
the Medical Practice Act
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
‑
21
02.

35
‑
7
‑
2102
.

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 this section; and

(v)

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

(A)

The
person
's name and address;

(B)

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

(C)

Any other information the department
determines
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 in the parent's care and
is a resident of Wyoming;

(
iii
)

Provides the department with a statement signed by a prescribing physician that the minor 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
determines
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 this section; and

(ii)

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

(d)

The department shall promulgate rules and regulations to establish:

(i)

The information an applicant is required to provide to the de
partment under this article;

(ii)

The form of the registration
card issued under this article; and

(iii)

Any other requirements reasonably necessary to implement this article.

(e)

The department shall establish a fee for maintaining
and administering
the registry
required by this section
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
maintaining and
administering the registry.
Fees collected under this section shall be deposited in the general fund.

(f)

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

(g)

The prescribing physician who signs a statement
required by
this section shall:

(i)

Keep a record of his evaluation and observation of each patient who is a
n applicant, registrant
or
minor under a registrant's care including the patient's response to CBD; and

(ii)

Transmit a copy of the record
to the department in accordance with rule
s
and regulation
s

adopted by
the department.

(h)

The department shall maintain a database of records received under
this section. The department shall treat the records as confidential
and not subject to the public records act
,
W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205,
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
‑
2103
.

Exemption from criminal and civil penalties for the medical use of CBD.

(a)

Notwithstanding any other provision of this chapter,
no person
who possesses or uses CBD
shall be

subject to any penalties
provided
in this chapter for possession or use of the CBD if the individual:

(i)

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

(ii)

Possesses a registration card issued by the department under W.S. 35
‑
7
‑
2102; 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,
no person
who possesses CBD and administers the CBD to a minor
shall be
subject to any penalties
provided
in this chapter 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
‑
2102(
b).

Section 2
.

W.S. 35
‑
7
‑
1063 is amended to read:

35
‑
7
‑
1063
.

Exception to provisions.

(a)

The provisions and penalties of this chapter shall not apply to the medical use of hemp extract when used in accordance with the provisions of W.S. 35
‑
7
‑
1901 through 35
‑
7
‑
1903.

(b)

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
‑
2101 through 35
‑
7
‑
2103.

Section
3
.

This
act is effective July 1,
201
6
.

(END)

1
HB0110