Section 195.207

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 14 Jul 2014, 2 histories, see footnote   (history) 

  195.207.  Hemp extract, use of, permitted when — administration to a minor permitted, when — amount authorized. — 1.  As used in sections 192.945, 261.265, 261.267^*, and this section, the term "hemp extract" shall mean an extract from a cannabis plant or a mixture or preparation containing cannabis plant material that:

  (1)  Is composed of no more than three-tenths percent tetrahydrocannabinol by weight;

  (2)  Is composed of at least five percent cannabidiol by weight; and

  (3)  Contains no other psychoactive substance.

  2.  Notwithstanding any other provision of this chapter, an individual who has been issued a valid hemp extract registration card under section 192.945, or is a minor under a registrant's care, and possesses or uses hemp extract is not subject to the penalties described in this chapter for possession or use of the hemp extract if the individual:

  (1)  Possesses or uses the hemp extract only to treat intractable epilepsy as defined in section 192.945;

  (2)  Originally obtained the hemp extract from a sealed container with a label indicating the hemp extract's place of origin and a number that corresponds with a certificate of analysis;

  (3)  Possesses, in close proximity to the hemp extract, a certificate of analysis that:

  (a)  Has a number that corresponds with the number on the label described in subdivision (2) of this subsection;

  (b)  Indicates the hemp extract's ingredients including its percentages of tetrahydrocannabinol and cannabidiol by weight;

  (c)  Is created by a laboratory that is not affiliated with the producer of the hemp extract and is licensed in the state where the hemp extract was produced; and

  (d)  Is transmitted by the laboratory to the department of health and senior services; and

  (4)  Has a current hemp extract registration card issued by the department of health and senior services under section 192.945.

  3.  Notwithstanding any other provision of this chapter, an individual who possesses hemp extract lawfully under subsection 2 of this section and administers hemp extract to a minor suffering from intractable epilepsy is not subject to the penalties described in this chapter for administering the hemp extract to the minor if:

  (1)  The individual is the minor's parent or legal guardian; and

  (2)  The individual is registered with the department of health and senior services as the minor's parent under section 192.945.

  4.  An individual who has been issued a valid hemp extract registration card under section 192.945, or is a minor under a registrant's care, may possess up to twenty ounces of hemp extract pursuant to this section.  Subject to any rules or regulations promulgated by the department of health and senior services, an individual may apply for a waiver if a physician provides a substantial medical basis in a signed, written statement asserting that, based on the patient's medical history, in the physician's professional judgment, twenty ounces is an insufficient amount to properly alleviate the patient's medical condition or symptoms associated with such medical condition.

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(L. 2014 H.B. 2238)

Effective 7-14-14

*Section 261.267 does not exist.