§ 68-7-109 — Examination of laws and legislation - Recommendations and findings

(a) In anticipation of a potential rescheduling or descheduling of marijuana from Schedule I of the federal Controlled Substances Act ( 21 U.S.C. § 801 , et seq.), the commission shall examine federal laws, the effectiveness of other states' laws and legislation, and laws and legislation in this state relating to the medical use of cannabis, specifically considering issues relating to: (1) Patient qualification; (2) Patient registration; (3) The role of physicians, nurse practitioners, and physician assistants in recommending and prescribing the medical use of cannabis; (4) The role of pharmacists in medical cannabis programs for recommending, prescribing, and dispensing medical cannabis; (5) Preventing nonmedical personnel from recommending, prescribing, and dispensing medical cannabis; (6) Licensing and regulation of facilities and providers of medical cannabis services, including medical cannabis: (A) Cultivation; (B) Processing; (C) Labelling; (D) Transporting; (E) Shipping; and (F) Distributing; (7) Establishing guidelines for determining acceptable medical uses; (8) Testing of medical cannabis to ensure product safety; (9) The role of other departments and state regulatory agencies and boards; (10) The role of law enforcement; (11) Current criminal laws relating to the possession and use of marijuana; (12) Taxes and fees; (13) (A) The development of a recommended standard of care, including, but not limited to: (i) Medical certification of qualifying diseases or conditions; (ii) Treatment methods; (iii) Medical history and physical examination, prior medication history, and history of substance abuse; (iv) Alternative modalities, including modalities attempted and used; (v) Dosing and route of administration recommendations; and (vi) Drug interactions and contraindications; and (B) Requiring that a board that licenses persons who would certify a qualifying medical disease or condition, or dispense medical cannabis, must consider recommended standards of care and adopt by policy an appropriate standard of care before a person licensed by such board may qualify a medical disease or condition, or dispense medical cannabis, under a state medical cannabis program; and (14) Other issues relevant to the medical use of cannabis. (b) For the purposes of facilitating patient reciprocity with other states, the commission shall prioritize the recommendations for the creation of a patient registration process or program that includes patients with a qualifying medical disease or condition recommended by the commission. (c) The commission shall prepare recommendations for how best to establish an effective, patient-focused medical cannabis program in this state and include proposed legislation in its recommendations, including provisions that create an independent and financially self-sufficient commission, to be governed by its appointed members, to administer the program. With its recommendations regarding self-sufficiency, the commission shall also include a strategy for repaying the state general fund for appropriations it receives to establish the commission and any subsequent medical cannabis program. (d) The commission shall report its findings and recommendations to the general assembly relating to the medical use of cannabis in this state. The report must be submitted in writing to the chief clerks of the senate and the house of representatives and the legislative librarian no later than January 1 of each year, beginning in 2022. The report may be submitted electronically.

Legislative History

Acts 2021, ch. 577, § 1 enacted a new chapter 7, §§68-7-101- 68-7-108 and §68-7-201but the chapter has been reorganized so that §68-7-201was redesignated as §68-7-101and §§68-7-101- 68-7-108 were redesignated as §§68-7-102- 68-7-109, by the authority of the Code Commission.