HB2079 HFA Byrd, Westfall, Hornbuckle and Fluharty 2-26

Delegates Byrd, Hornbuckle, Westfall and Fluharty moves to amend the committee substitute for HB 2709 on page 4, after section 13 by inserting §16A-8-1 with the language amended and restated as follows:

“§16A-8-1.  Dispensing to patients and caregivers.


(a)  General rule. — A dispensary that has been issued a permit under article six of this chapter may lawfully dispense medical cannabis to a patient or caregiver upon presentation to the dispensary of a valid identification card for that patient or caregiver. The dispensary shall provide to the patient or caregiver a receipt, as appropriate. The receipt shall include all of the following:

(1)  The name, address and any identification number assigned to the dispensary by the bureau.

(2)  The name and address of the patient and caregiver.

(3)  The date the medical cannabis was dispensed.

(4)  Any requirement or limitation by the practitioner as to the form of medical cannabis for the patient.

(5)  The form and the quantity of medical cannabis dispensed.

(b)  Requirements. — A dispensary shall have a physician or a pharmacist onsite at all times during the hours the dispensary is open to receive patients and caregivers. A physician or a pharmacist shall, prior to assuming duties under this paragraph, successfully complete the course established in subsection (a), section one, article three of this chapter. A physician may not issue a certification to authorize patients to receive medical cannabis or otherwise treat patients at the dispensary.

(c)  Filing with bureau. — Prior to dispensing medical cannabis to a patient or caregiver, the dispensary shall file the receipt information with the bureau utilizing the electronic tracking system. When filing receipts under this subsection, the dispensary shall dispose of any electronically recorded certification information as provided by rule.

(d)  Limitations. — No dispensary may dispense to a patient or caregiver:

(1)  A quantity of medical cannabis greater than that which the patient or caregiver is permitted to possess under the certification; or

(2)  A form of medical cannabis prohibited by this act.

(e)  Supply. — When dispensing medical cannabis to a patient or caregiver, the dispensary may not dispense an amount greater than a 30-day supply until the patient has exhausted all but a seven-day supply provided pursuant to section five, article four of this chapter.

(f)  Verification. — Prior to dispensing medical cannabis to a patient or caregiver, the dispensary shall verify the information in subsections (e) and (g) of this section by consulting the electronic tracking system included in the bureau’s electronic database established under section one, article three of this chapter and the dispensary tracking system under section one, article seven of this chapter.

(g)  Form of medical cannabis. — Medical cannabis dispensed to a patient or caregiver by a dispensary shall conform to any requirement or limitation set by the practitioner as to the form of medical cannabis for the patient.

(h)  Safety insert. — When a dispensary dispenses medical cannabis to a patient or caregiver, the dispensary shall provide to that patient or caregiver, as appropriate, a safety insert. The insert shall be developed and approved by the bureau. The insert shall provide the following information:

(1)  Lawful methods for administering medical cannabis in individual doses.

(2)  Any potential dangers stemming from the use of medical cannabis.

(3)  How to recognize what may be problematic usage of medical cannabis and how to obtain appropriate services or treatment for problematic usage.

(4)  How to prevent or deter the misuse of medical cannabis by minors or others.

(5)  Any other information as determined by the bureau.

(i)  Sealed and labeled package. — Medical cannabis shall be dispensed by a dispensary to a patient or caregiver in a sealed, properly labeled and child-resistant package. The labeling shall contain the following:

(1)  The information required to be included in the receipt provided to the patient or caregiver, as appropriate, by the dispensary.

(2)  The packaging date.

(3)  Any applicable date by which the medical cannabis should be used.

(4)  A warning stating:

“This product is for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the practitioner who issued the certification and, in the case of breastfeeding, the infant’s pediatrician. This product might impair the ability to drive or operate heavy machinery. Keep out of reach of children.”

(5)  The amount of individual doses contained within the package and the species and percentage of tetrahydrocannabinol and cannabidiol.

(6)  A warning that the medical cannabis must be kept in the original container in which it was dispensed.

(7)  A warning that unauthorized use is unlawful and will subject the person to criminal penalties.

(8)  Any other information required by the bureau.”