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AB-845 Cannabidiol.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB845:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 845


Introduced by Assembly Member Wood

February 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 DIGEST


AB 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 would authorize, if federal law authorizes the prescription of a controlled substance containing cannabidiol, a physician to prescribe that substance in accordance with federal law. The bill would also provide that upon the enactment of federal law authorizing the prescription or the furnishing, transferring, possession, or use of a prescription for a controlled substance containing cannabidiol, notwithstanding any other state law, the prescription, furnishing, transferring, possession, or use of that controlled substance in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.

This bill, if one of specified changes in federal law regarding the controlled substance cannabidiol occurs, would provide that a physician who prescribes and a pharmacist who 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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 containing composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs containing 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.

Notwithstanding any other law, if federal law authorizes the prescription of a controlled substance containing cannabidiol, a physician may prescribe that substance in accordance with federal law. For purposes of this chapter, including, but not limited to, Sections 11153 and 11153.5, upon the enactment of federal law authorizing the prescription or the furnishing, transferring possession, or use of a prescription for a controlled substance containing cannabidiol, notwithstanding any other state law, the prescription, furnishing, transferring, possession, or use of that controlled substance in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to 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 dispense that product, a physician who prescribes, and a pharmacist who 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 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.