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| 1 | + | Amended IN Senate June 07, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 845Introduced by Assembly Member WoodFebruary 16, 2017 An act to add Section 11150.2 to the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 845, as amended, Wood. Cannabidiol.Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places marijuana in Schedule I. Cannabidiol is a compound found in marijuana.Existing law restricts the prescription, furnishing, possession, sale, and use of controlled substances, including marijuana and synthetic cannabinoid compounds, and makes a violation of those laws a crime, except as specified.This bill, if one of specified changes in federal law regarding the controlled substance cannabidiol occurs, would provide that a physician physician, pharmacist, or other authorized healing arts licensee who prescribes and a pharmacist who prescribes, furnishes, or dispenses a product composed of cannabidiol, in accordance with federal law, is in compliance with state law governing those acts. The bill would also provide that upon the effective date of one of those changes in federal law regarding cannabidiol, the prescription, furnishing, dispensing, transfer, possession, or use of that product in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options and that cannabidiol is showing potential as one of these treatments. If federal laws prohibiting the prescription of medications composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs composed of cannabidiol, patients should have rapid access to this treatment option. The availability of this new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities currently available under state law.SEC. 2. Section 11150.2 is added to the Health and Safety Code, to read:11150.2. (a) Notwithstanding any other law, if cannabidiol is removed from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician to prescribe and a pharmacist to physician, pharmacist, or other authorized healing arts licensee acting within his or her scope of practice, to prescribe, furnish, or dispense that product, a physician who prescribes, and a pharmacist who dispenses, that product the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.(b) For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, the prescription, furnishing, dispensing, transfer, possession, or use of a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure that patients are able to obtain access to a new treatment modality as soon as federal law makes it available, it is necessary that this act take effect immediately. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 07, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 845Introduced by Assembly Member WoodFebruary 16, 2017 An act to add Section 11150.2 to the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 845, as amended, Wood. Cannabidiol.Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places marijuana in Schedule I. Cannabidiol is a compound found in marijuana.Existing law restricts the prescription, furnishing, possession, sale, and use of controlled substances, including marijuana and synthetic cannabinoid compounds, and makes a violation of those laws a crime, except as specified.This bill, if one of specified changes in federal law regarding the controlled substance cannabidiol occurs, would provide that a physician physician, pharmacist, or other authorized healing arts licensee who prescribes and a pharmacist who prescribes, furnishes, or dispenses a product composed of cannabidiol, in accordance with federal law, is in compliance with state law governing those acts. The bill would also provide that upon the effective date of one of those changes in federal law regarding cannabidiol, the prescription, furnishing, dispensing, transfer, possession, or use of that product in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 07, 2017 Amended IN Assembly March 28, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 11, 2017 | |
| 8 | 7 | Amended IN Senate June 07, 2017 | |
| 9 | 8 | Amended IN Assembly March 28, 2017 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill No. 845 | |
| 14 | 13 | ||
| 15 | 14 | Introduced by Assembly Member WoodFebruary 16, 2017 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member Wood | |
| 18 | 17 | February 16, 2017 | |
| 19 | 18 | ||
| 20 | 19 | An act to add Section 11150.2 to the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | AB 845, as amended, Wood. Cannabidiol. | |
| 27 | 26 | ||
| 28 | - | Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places marijuana | |
| 27 | + | Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places marijuana in Schedule I. Cannabidiol is a compound found in marijuana.Existing law restricts the prescription, furnishing, possession, sale, and use of controlled substances, including marijuana and synthetic cannabinoid compounds, and makes a violation of those laws a crime, except as specified.This bill, if one of specified changes in federal law regarding the controlled substance cannabidiol occurs, would provide that a physician physician, pharmacist, or other authorized healing arts licensee who prescribes and a pharmacist who prescribes, furnishes, or dispenses a product composed of cannabidiol, in accordance with federal law, is in compliance with state law governing those acts. The bill would also provide that upon the effective date of one of those changes in federal law regarding cannabidiol, the prescription, furnishing, dispensing, transfer, possession, or use of that product in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.This bill would declare that it is to take effect immediately as an urgency statute. | |
| 29 | 28 | ||
| 30 | - | Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places marijuana | |
| 29 | + | Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places marijuana in Schedule I. Cannabidiol is a compound found in marijuana. | |
| 31 | 30 | ||
| 32 | - | Existing law restricts the prescription, furnishing, possession, sale, and use of controlled substances, including marijuana | |
| 31 | + | Existing law restricts the prescription, furnishing, possession, sale, and use of controlled substances, including marijuana and synthetic cannabinoid compounds, and makes a violation of those laws a crime, except as specified. | |
| 33 | 32 | ||
| 34 | - | This bill, if one of specified changes in federal law regarding the controlled substance cannabidiol occurs, would provide that a physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses a product composed of cannabidiol, in accordance with federal law, is in compliance with state law governing those acts. The bill would also provide that upon the effective date of one of those changes in federal law regarding cannabidiol, the prescription, furnishing, dispensing, transfer, possession, or use of that product in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law. | |
| 33 | + | This bill, if one of specified changes in federal law regarding the controlled substance cannabidiol occurs, would provide that a physician physician, pharmacist, or other authorized healing arts licensee who prescribes and a pharmacist who prescribes, furnishes, or dispenses a product composed of cannabidiol, in accordance with federal law, is in compliance with state law governing those acts. The bill would also provide that upon the effective date of one of those changes in federal law regarding cannabidiol, the prescription, furnishing, dispensing, transfer, possession, or use of that product in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law. | |
| 35 | 34 | ||
| 36 | 35 | This bill would declare that it is to take effect immediately as an urgency statute. | |
| 37 | 36 | ||
| 38 | 37 | ## Digest Key | |
| 39 | 38 | ||
| 40 | 39 | ## Bill Text | |
| 41 | 40 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options and that cannabidiol is showing potential as one of these treatments. If federal laws prohibiting the prescription of medications composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs composed of cannabidiol, patients should have rapid access to this treatment option. The availability of this new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities currently available under state law.SEC. 2. Section 11150.2 is added to the Health and Safety Code, to read:11150.2. (a) Notwithstanding any other law, if cannabidiol is removed | |
| 41 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options and that cannabidiol is showing potential as one of these treatments. If federal laws prohibiting the prescription of medications composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs composed of cannabidiol, patients should have rapid access to this treatment option. The availability of this new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities currently available under state law.SEC. 2. Section 11150.2 is added to the Health and Safety Code, to read:11150.2. (a) Notwithstanding any other law, if cannabidiol is removed from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician to prescribe and a pharmacist to physician, pharmacist, or other authorized healing arts licensee acting within his or her scope of practice, to prescribe, furnish, or dispense that product, a physician who prescribes, and a pharmacist who dispenses, that product the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.(b) For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, the prescription, furnishing, dispensing, transfer, possession, or use of a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure that patients are able to obtain access to a new treatment modality as soon as federal law makes it available, it is necessary that this act take effect immediately. | |
| 43 | 42 | ||
| 44 | 43 | The people of the State of California do enact as follows: | |
| 45 | 44 | ||
| 46 | 45 | ## The people of the State of California do enact as follows: | |
| 47 | 46 | ||
| 48 | 47 | SECTION 1. The Legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options and that cannabidiol is showing potential as one of these treatments. If federal laws prohibiting the prescription of medications composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs composed of cannabidiol, patients should have rapid access to this treatment option. The availability of this new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities currently available under state law. | |
| 49 | 48 | ||
| 50 | 49 | SECTION 1. The Legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options and that cannabidiol is showing potential as one of these treatments. If federal laws prohibiting the prescription of medications composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs composed of cannabidiol, patients should have rapid access to this treatment option. The availability of this new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities currently available under state law. | |
| 51 | 50 | ||
| 52 | 51 | SECTION 1. The Legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options and that cannabidiol is showing potential as one of these treatments. If federal laws prohibiting the prescription of medications composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs composed of cannabidiol, patients should have rapid access to this treatment option. The availability of this new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities currently available under state law. | |
| 53 | 52 | ||
| 54 | 53 | ### SECTION 1. | |
| 55 | 54 | ||
| 56 | - | SEC. 2. Section 11150.2 is added to the Health and Safety Code, to read:11150.2. (a) Notwithstanding any other law, if cannabidiol is removed | |
| 55 | + | SEC. 2. Section 11150.2 is added to the Health and Safety Code, to read:11150.2. (a) Notwithstanding any other law, if cannabidiol is removed from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician to prescribe and a pharmacist to physician, pharmacist, or other authorized healing arts licensee acting within his or her scope of practice, to prescribe, furnish, or dispense that product, a physician who prescribes, and a pharmacist who dispenses, that product the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.(b) For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, the prescription, furnishing, dispensing, transfer, possession, or use of a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law. | |
| 57 | 56 | ||
| 58 | 57 | SEC. 2. Section 11150.2 is added to the Health and Safety Code, to read: | |
| 59 | 58 | ||
| 60 | 59 | ### SEC. 2. | |
| 61 | 60 | ||
| 62 | - | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed | |
| 61 | + | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician to prescribe and a pharmacist to physician, pharmacist, or other authorized healing arts licensee acting within his or her scope of practice, to prescribe, furnish, or dispense that product, a physician who prescribes, and a pharmacist who dispenses, that product the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.(b) For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, the prescription, furnishing, dispensing, transfer, possession, or use of a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law. | |
| 63 | 62 | ||
| 64 | - | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed | |
| 63 | + | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician to prescribe and a pharmacist to physician, pharmacist, or other authorized healing arts licensee acting within his or her scope of practice, to prescribe, furnish, or dispense that product, a physician who prescribes, and a pharmacist who dispenses, that product the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.(b) For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, the prescription, furnishing, dispensing, transfer, possession, or use of a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law. | |
| 65 | 64 | ||
| 66 | - | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed | |
| 65 | + | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician to prescribe and a pharmacist to physician, pharmacist, or other authorized healing arts licensee acting within his or her scope of practice, to prescribe, furnish, or dispense that product, a physician who prescribes, and a pharmacist who dispenses, that product the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.(b) For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, the prescription, furnishing, dispensing, transfer, possession, or use of a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law. | |
| 67 | 66 | ||
| 68 | 67 | ||
| 69 | 68 | ||
| 70 | - | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed | |
| 69 | + | 11150.2. (a) Notwithstanding any other law, if cannabidiol is removed from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician to prescribe and a pharmacist to physician, pharmacist, or other authorized healing arts licensee acting within his or her scope of practice, to prescribe, furnish, or dispense that product, a physician who prescribes, and a pharmacist who dispenses, that product the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts. | |
| 71 | 70 | ||
| 72 | - | (b) For purposes of this chapter, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law and is authorized pursuant to state law. | |
| 71 | + | (b) For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, the prescription, furnishing, dispensing, transfer, possession, or use of a product composed of cannabidiol may be prescribed, furnished, dispensed, transferred, possessed, or used in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law. | |
| 73 | 72 | ||
| 74 | 73 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure that patients are able to obtain access to a new treatment modality as soon as federal law makes it available, it is necessary that this act take effect immediately. | |
| 75 | 74 | ||
| 76 | 75 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure that patients are able to obtain access to a new treatment modality as soon as federal law makes it available, it is necessary that this act take effect immediately. | |
| 77 | 76 | ||
| 78 | 77 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: | |
| 79 | 78 | ||
| 80 | 79 | ### SEC. 3. | |
| 81 | 80 | ||
| 82 | 81 | In order to ensure that patients are able to obtain access to a new treatment modality as soon as federal law makes it available, it is necessary that this act take effect immediately. |