Dan Viets, Esq., recently informed me that our revised medical bill has been filed.  The old bill, HB 1831 is now HB 1838.  Mark Pederson, a medical marijuana patient, has nicely lined out the differences between this revised bill and the old bill.  He was even gracious enough to provide links to relevant sites.  Here is what he wrote:

Patients all over Missouri should be very frustrated.  I certainly am.  But it is not the fault of any of those who have labored on pro-MO Medical Cannabis legislation for the years leading up 'til now.

As troubling as this process is, this is a learning experience for us all.  If there is one thing all the ground we have covered up until now should have taught us is, we cannot change law and the hearts of the powers-that-be without a very loud and unified presence from all of us - medical cannabis patients and our advocates.  We're being beaten before we start primarily because the vast majority of the Middleclass do not know that we exist or do not have a valid understanding of who we are.  We can  and MUST change that.  Publicity, through education, the press, and the courts is the ONLY way we will accomplish that.  We are in the process of addressing each of these avenues of expression.

We are unfortunately caught in a catch-22.  Republicans are going to be ridiculously conservative in their interpretation of the bill. The dilemma for all of us patients to ponder is just how much we are willing to compromise to see some semblance of a medical cannabis bill comes to fruition.

I have taken the liberty of assembling a quick comparison of the original HB 1831 to the new HB 1838 to hopefully shed some light on the differences.  Many of the additions were taken from GSTLNorml's last edit.  GSTLNorml did not, however, take part in the drafting of HB1838.

All versions of the Missouri Bills are available from my website at www.markpedersen.com (or should I say, will be shortly, as in before 3pm 03/20).

Here is my synopsis:

The slang "Marijuana" is still used instead of "Cannabis", and, is still listed, along with Tetrahydrocannabinols as a Schedule 1 drug, along side heroine,  Mescaline, and Peyote.

"Marijuana" is also listed as a Schedule II drug, presenting some confusion.  This, evidently, was it's intended slot for the  HB 1838 edit.

As it was with HB 1831, "currently accepted medical use in treatment" does not occur by this definition until Schedule III.  Curiously, delta 9 (trans)-tetrahydracannabinol is listed under Schedule III as an alternate name for Dronabinol.

The limits are identical, three mature marijuana plants, four immature marijuana plants, and one ounce  of   usable marijuana per each mature plant

"Curing stage" has been added with a definition: (2) "Curing stage", harvested cannabis leaves and/or flowers in the process of drying and/or curing;

These diseases and health conditions have been added along with acronyms: (HIV), (AIDS), hepatitis C, Alzheimer's disease, rheumatoid arthritis, fibromyalgia, severe migraines, multiple sclerosis(MS), Lou Gehrig's disease (ALS),

This segment has been removed: (c) Any other medical condition or its treatment approved by the department, as provided for as follows: Not later than ninety days after the effective date of sections 195.550 to 195.568, the department shall promulgate rules governing the manner in which it will consider petitions from the public to add debilitating medical conditions to those included in sections 195.550 to 195.568. In considering such petitions, the department shall include public notice of and an opportunity to comment in a public hearing upon such petitions. The department shall, after hearing, approve or deny such petitions within one hundred eighty days of submission. The approval or denial of such a petition shall be considered a final agency action, subject to judicial review;

This segment has been added:

(5) "Immature marijuana plants", any cannabis plant, devoid of flower or buds, from seedling to the beginning states of flowering, signifying the first state of processing for consumption as medicine;

(6) "Mature marijuana plants", any cannabis plant bearing flowers or buds, signifying the second stage of processing for consumption as medicine;

(7) "Medical marijuana", cannabis sativa grown within a controlled environment for the purposes of being used as a medicine;

This segment has been rewritten:

5. Any property interest that is possessed, owned, or used in connection with the medical use of marijuana, or acts incidental to such use shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials.

6. Marijuana plants, equipment for their cultivation, as well as legal amounts of medical marijuana shall not be seized from the possession of a medical patient if the medical patient presents identification as a medical marijuana patient. Any such property interest shall not be forfeited under any provision of state or local law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to a criminal offense. Marijuana, paraphernalia, or other property seized from a qualifying patient or primary caregivers in connection with the claimed medical use of marijuana shall be returned immediately upon the determination by a court or prosecutor that the qualifying patient or primary caregivers are entitled to the protections of 195.550 to 195.568, as may be evidenced by a decision not to prosecute, the dismissal of charges, or an acquittal.

This is a very important addition to the legislation and should be the center for all medical cannabis legislation:

8. Any medical marijuana patient shall be afforded all the same rights under the law as any other pharmaceutically medicated individual, as it pertains to:

(1) Routine traffic stops as well as any interaction with law enforcement that does not involve an illegal act;

(2) Any interaction with a person's employer that pertains solely to legal medical marijuana use; or

(3) Exoneration from drug testing when such test pertains to marijuana and its metabolites whether by an employer or a member of law enforcement.

9. A patient or caregiver who has not received a registry identification card may present evidence supporting his or her need for medical marijuana for treatment of a serious medical condition. Such evidence may constitute a defense to a charge of marijuana possession or cultivation and shall be admissible in the courts of the state of Missouri if such evidence otherwise properly qualifies as admissible under the rules of evidence.

As likewise, this section is a vitally important addition to the legislation:

195.586. 1. The authorization for the medical use of marijuana in sections 195.580 to 195.598 shall not apply to:

(1) The medical use of marijuana that compromises the health or well- being of another person, such as:

(a) In a school bus, public bus, or other public vehicle;

(b) In the areas of one's employment not designated for medical marijuana use;

(c) On any school grounds other than areas designated for medical marijuana use;

(d) In any correctional facility other than areas designated for medical marijuana  use; or

(e) At any public park, public beach, public recreation center, or youth center other than areas designated for medical marijuana use; and

This insurance disclaimer has been removed:

2. Insurance companies shall not be required to cover the medical use of marijuana.

This line remains which I find particularly troubling: the potential benefits of the medical use of marijuana would likely outweigh the health risks for the person

This line has been omitted: 2. A qualifying patient or primary caregiver shall qualify for the legal protections of section 195.556 only if the qualifying patient or primary caregiver is in possession of a registry identification card.

This amount has been increased from $25 to help defer the expense of the program: one hundred dollars per qualifying patient

This line remains, which affects a considerable portion of the medical cannabis community: (2) Employ or utilize the services of any person who has a felony conviction involving a controlled substance offense

The "noxious weed" notation remains.

Mark D. Pedersen

Director / GSTLNorml

www.j4j7.info

www.markpedersen.com