HB 1026 would permit use of medical marijuana

INDIANA — The 2021 Legislative Session of the Indiana General assembly began on Monday with a myriad of proposed bills from both the Senate and House being introduced. House bill 1026 (Hb 1026) is one such bill that had its first reading in the House of Representatives on Monday.

authored by District 69 Representative Jim Lucas, Hb 1026 pertains to medical marijuana.

“Permits the use of medical marijuana by persons with serious medical conditions as determined by their physician,” the digest for the bill explains.

after the first reading, it was referred to the Committee on Public Health for review.

In the bill, several amendments to Indiana Code 9-30-5-1 are proposed. One amendment would stipulate that a person who operates a vehicle with a controlled substance other than tetrahydrocannabinol

in that person’s blood, or has ten or more nanograms of tetrahydrocannabinol per milliliter of the person’s whole blood commits a Class C misdemeanor.

Tetrahydrocannabinol is a crystalline compound that is the main active ingredient of cannabis.

Another amendment to that code would be added as a defense stating “controlled substance is marijuana, the accused person is a person authorized to use medical marijuana under IC 16-51, and the accused person used the medical marijuana in substantial compliance with the requirements of IC 16-51.”

The same type of amendment is also added when used in the section concerning those that cause serious bodily injury to another person when operating a vehicle.

The largest amendment is Article 51 titled “Medical Marijuana.” In it, the Indiana State Department of Health (ISDH) would be the entity that administers the program and would have regulatory and enforcement authority over the growing, processing, sale, dispensing, transporting, and use of medical marijuana.

The ISDH would have several duties as the administrator of the program:

• Issuing permits to qualifying medical marijuana organizations authorizing them to grow, process, dispense, or test medical marijuana.

• Establishing and maintaining an electronic data base to store and track information relating to the program. Per the proposed bill, that data base must have the ability to authenticate in real time an identification card presented to a dispensary. It must also track in real time the amount of marijuana provided to a patient or caregiver at a dispensary and share that information in real time with other dispensaries to prevent diversion. Store records relating to a physician’s certification, including, if applicable, the recommended form of marijuana and any early expiration date recommended by the physician. Lastly, it must track the cultivation, processing, transport, storage, and dispensing of medical marijuana.

• The ISDH will have to maintain with the department’s data base an electronic directory of patients and caregivers approved to use or assist in medical marijuana’s administration.

• Development of enforcement procedures, including announced and unannounced inspections of a dispensary, a growing facility, a processor facility, and all records of a medical marijuana organization.

• The ISDH will also establish a program to authorize the use of medical marijuana for medical research purposes. Documents will be issued to permit a researcher to obtain medical marijuana for research purposes.

• Establishment and maintenance of public outreach programs about the medical marijuana program including a dedicated telephone number for patients, caregivers, and members of the public to obtain basic information about the dispensing of medical marijuana; and a publicly accessible internet web site with similar information.

• The ISDH will collaborate with other state agencies, and contract with third parties to carryout the program as necessary.

• The administrator of the program will also develop record keeping requirements for all books, papers, any electronic data base or tracking system data, and other information of a medical marijuana organization. Those records shall be retained for at least four years unless otherwise provided by the department.

• The ISDH will restrict the advertising and marketing of medical marijuana. That advertising and marketing must be consistent with the federal regulations governing prescription drug advertising and marketing.

While this bill would make medical marijuana legal, it would still not authorize a person to operate a motor vehicle, motorboat, or any other device or equipment while under the influence of medical marijuana.

In the bill, it proposes that “medical marijuana may be dispensed only to: (A) a patient who receives a certification from a physician and is in possession of a valid identification card issued by the department that authorizes dispensing marijuana to the patient; (B) a caregiver who possesses a valid identification card issued by the department; or (C) a research facility authorized by the department, under terms and conditions established by the department.

The bill also prohibits packaging of medical marijuana in a manner that is appealing to children. It also prohibits the discrimination against medical marijuana users and prohibits the harassment of users by law enforcement officers.

If approved, this bill would take into effect July

1.

To view the entire proposed bill, head to http:// iga.in.gov/legislative/2021/bills/house/1026