PETITION OF:

SECTION 1. Section 34 of Chapter 94C is amended in the fourth paragraph by inserting after the words, “is a patient certified to participate in a therapeutic program described in ch. 94D,” the words, “, or is a registered caregiver to a patient so certified as defined in section 1 of chapter 94D,” and further amended by inserting after the words “and possessed the marijuana for,” the words “the certified patient’s”.

SECTION 2. Section 1 of Chapter 94D is amended by adding the following new definitions:—
“Registered caregiver,” a person at least 18 years old who has agreed to undertake responsibility for assisting in the health care of a patient with respect to the medical use of marijuana and who registers and is approved for this purpose by the Department of Public Health (which approval shall not be unreasonably withheld by the agency).
“Personal medical use,” is an amount of marijuana that is not more than is reasonably necessary to ensure the uninterrupted availability of marijuana, for the purpose of alleviating the symptoms or effects of the certified patient’s medical condition for which he or she has been certified to use marijuana, and shall be presumed to be not more than four ounces of dried, useable, cannabis, and no more than ten plants, four of which can be mature (flowering).

SECTION 3. Section 2 of Chapter 94D is amended by adding the following new paragraph:—
A physician shall not be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana to patients who qualify based on his or her clinical judgment.

SECTION 4. Section 2 of Chapter 94D is amended by striking after the word “cancer” appearing in the first sentence of the existing section, the words, “chemotherapy and radiation therapy, in decreasing intraocular pressure in glaucoma patients, and in decreasing airway resistance in asthmatics.” and, inserting in place of the foregoing stricken words, the words, “and its treatment, the condition or symptoms of glaucoma, asthma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome or the treatment of the following conditions: A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease; or any other medical condition or its treatment approved by a patient’s doctor in the exercise of his or her professional judgment.

SECTION 5. Section 2 of Chapter 94D is amended by inserting after the words “whom a physician has certified” in the second paragraph, the words “on a form approved by the Department of Public Health” and further amended, by striking the words, “the following: that the patient is threatened by loss of life or sight, or asthmatics who experience severe respiratory problems of discomfort; that the patient is not responding to or has incurred severe side effects from the administration of conventional controlled substances;” which follow the words “Public Health” inserted above; and inserting in place of the foregoing stricken words, the words, “that the use of marijuana may alleviate the symptoms or effects of their medical condition as described in the preceding paragraph;”

SECTION 6. Section 2 of Chapter 94D is amended by striking in its entirety the third paragraph, and replacing the stricken paragraph by inserting the following paragraph:—
“The Department shall contract with the national institute on drug abuse, the national cancer institute or any other manufacturer, distributor or analytical laboratory for the receipt of analyzed marijuana for distribution to patients upon the written certification of a physician. If the Department is unable to provide physician certified patients with marijuana in a timely and effective manner from the foregoing sources (but not later than six months after the effective date of this amendment), and prior to the review and approval of any study protocol pursuant to the therapeutic research program by an Institutional Review Board in accordance with the provisions of 45 CFR part 46 and 21 CFR part 56, those patients or their caregivers may participate in the program by growing indoors in a locked facility or otherwise obtaining marijuana for the patient’s own personal use in an amount consistent with personal medical use, that is not more than is reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of the certified patient’s medical condition for which he or she has been certified to use marijuana.”

SECTION 7. Section 3 of Chapter 94D is amended by inserting after the words “The department shall approve participation in the program” appearing in the second sentence of the existing section, the words, “and issue identification cards to certified patients and registered caregivers. Such approvals and issuance of cards shall not be unreasonably withheld or delayed by the agency. A certified patient or registered caregiver who has in his or her possession an identification card issued by the agency shall not be subject to arrest, prosecution or other penalty for the cultivation, possession or use of marijuana, provided the quantity of marijuana in the certified patient or registered caregiver’s possession does not exceed the “reasonably necessary” amount for personal medical use described in section 1 of chapter 94D.”

SECTION 8. Section 32C of Chapter 94C is amended by adding the following new paragraph:—
“(c) It shall be a prima facie defense to any charge under this section that the defendant is a patient certified to participate in a therapeutic research program described in Chapter 94D, or is a registered caregiver to a patient so certified, and possessed the marijuana for the certified patient’s personal use pursuant to such program.”