SCS/SB 764 - This act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including candies, gummies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this act shall be subject to sanctions, including an administrative penalty. The Department shall develop a process by which a licensed or certified entity may seek approval of a product design, package, or label prior to manufacture or sale to determine compliance with these provisions. This provision is similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), SCS/HB 1383 (2020), HCS/SS#2/SCS/SB 523 (2020), the perfected SCS/SB 6 (2019), and SB 335 (2019).
Additionally, the Department shall require all officers, managers, contractors, employees, and other support staff of licensed or certified medical marijuana facilities, and all owners of such facilities who will have access to the facilities or the facilities' supply of medical marijuana, to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.
Finally, this act specifies the procedure for physicians certifying patients for medical marijuana. The physician shall utilize a Department-provided web-based system. Such certifications shall be issued no earlier than 30 days before the date the patient applies for a patient identification card or renewal of a patient identification card. The certification shall include specified information, including information identifying the certifying physician, the patient, and the patient's qualifying medical condition, and statements that the physician has met with the patient in-person and discussed the potential effects of medical marijuana use with the patient. The Department may request to interview the certifying physician and the physician shall arrange for the interview to occur within 30 days of the request. Physicians who violate the provisions of this act shall be subject to discipline by the Board of Registration for the Healing Arts.
This provision is identical to SB 919 (2020) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), SCS/HB 1383 (2020), and HCS/SS#2/SCS/SB 523 (2020).
SARAH HASKINS