HB 104 Summary

• Establishes "Carly's Law," creating an affirmative defense to charges of unlawful marijuana possession in the second degree for defendants with physician-diagnosed debilitating medical conditions who possess cannabidiol (CBD) for therapeutic or palliative relief.

• Defines debilitating medical conditions to include cachexia, severe or chronic pain, severe nausea, seizures, severe and persistent muscle spasms, and any other condition severe and resistant to conventional medicine, all requiring documentation by a physician with whom the patient has a bona fide relationship.

• Provides an affirmative defense for parents or legal guardians who possess CBD on behalf of minors who have been prescribed cannabidiol by a physician with whom the minor has an established physician-patient relationship for treatment of a debilitating medical condition.

• Specifies cannabidiol (CBD) as the nonpsychoactive cannabinoid found in Cannabis sativa L., with a specific chemical CAS number [13956-29-1].

• Becomes effective on the first day of the third month following passage and Governor approval.