HB 1830

Possession limits

Three mature and four immature plants, which are defined, and one ounce of marijuana.

If a patient is found to be in possession of more than these amounts, but not more than is reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of the person's medical condition, an affirmative defense is available.

Qualifying conditions

Qualifying conditions include: cancer, glaucoma, HIV/AIDS, hepatitis C, Alzheimer's disease, rheumatoid arthritis, fibromyalgia, severe migraines, and multiple sclerosis.

Patients could also qualify for the state's medical marijuana program if they are engaged in treatment that produces one or more of the following: cachexia or wasting syndrome; severe pain; severe nausea; anorexia; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS), Lou Gehrig's disease (ALS), or Crohn's disease.

Protections

The bill protects patients, caregivers, and doctors from arrest, prosecution, and other penalties.

Caregivers are only protected if it is impracticable for a patient to obtain their medicine and the caregiver's help is necessary.

Patients who have not registered with the state as a medical marijuana patient, but could qualify, have a medical necessity defense available.

A patient's right to be employed is also protected.

Search and Seizure

Protects patients' medical marijuana property from seizure, and if property is seized, then law enforcement must maintain it until it is returned to the patient.