Bill > A5363

Introduced Session

This bill authorizes the home cultivation of medical cannabis for a registered qualifying patient's personal medical use. Specifically, the bill provides that a registered qualifying patient who is 21 years of age or older who provides notice to the Cannabis Regulatory Commission of the intent to home cultivate medical cannabis will be allowed to either home cultivate medical cannabis himself or herself, or authorize a designated caregiver to home cultivate medical cannabis on the patient's behalf. A home cultivator will be allowed to cultivate and possess up to four mature cannabis plants and up to four immature cannabis plants. Medical cannabis may only be home cultivated at the residence of the authorized home cultivator that is on file with the commission. The notice of intent to home cultivate medical cannabis provided to the commission is to specify which individual will home cultivate the medical cannabis. In no case may more than one individual home cultivate medical cannabis for a registered qualifying patient at one time. A patient may change the designated home cultivator upon providing 10 days' notice to the commission. At least 10 days after providing the notice of change, but no more than 30 days after providing notice, any medical cannabis plants in the former home cultivator's possession may be transferred to the new designated home cultivator. Any plants that are not transferred to the new home cultivator are to be promptly surrendered to law enforcement for destruction. The failure to provide notice of a change in designated home cultivator will result in the patient's registration with the commission being deemed null and void. The commission will be required to promptly update the registry information for the patient and any affected designated caregiver upon receiving notice of the patient's intent to home cultivate medical cannabis or of a change in who is authorized to home cultivate medical cannabis for the patient. Any designated caregiver of a patient who elects to home cultivate medical cannabis will be authorized to possess, transport, and assist the patient with the administration of home-cultivated medical cannabis in dried form or in any other consumable form, regardless of whether the designated caregiver is designated as the patient's home cultivator. In addition to any other civil or criminal penalties as may apply, any individual in possession of home-cultivated medical cannabis in the form of a mature or immature plant or in any consumable form, who sells, donates, or furnishes the home-cultivated medical cannabis to any individual who is not authorized to be in possession of the home-cultivated medical cannabis under the bill, will be liable to a civil penalty of up to $1,000. In addition, the individual's registration with the commission will be deemed null and void, and the individual will be permanently ineligible for re-registration with the commission as a qualifying patient, a designated caregiver, or an institutional caregiver. It is the sponsor's intent to expand access to medical cannabis for registered qualifying patients who may find the medical cannabis that is available through a medical cannabis dispensary unaffordable, or who may otherwise benefit from the convenience of home cultivation or the ability to readily access medical cannabis in the strain and form appropriate to the patient's individual treatment needs. Of the 36 states that have approved a comprehensive medical cannabis program, 17, or nearly half, currently allow for home cultivation of medical cannabis: Alaska, Arizona, California, Colorado, Hawaii, Maine, Massachusetts, Michigan, Missouri, Montana, Nevada, New Mexico, Oklahoma, Oregon, Rhode Island, Vermont, and Washington.

AI Summary

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Verlina Reynolds-Jackson (D)*, 

Introduced, Referred to Assembly Health Committee (on 02/23/2021)