Sixty-first Legislature Second Regular Session - 2012
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 370
BY TRAIL
AN ACT
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- ter 47, Title 39, Idaho Code, and to read as follows:
39-4701. SHORT TITLE. This act shall be known and may be cited as the
"Idaho Compassionate Use Medical Marijuana Act."
39-4702. LEGISLATIVE FINDINGS. (1) Modern medical research has dis-
covered a beneficial use for marijuana in treating or alleviating the pain
or other symptoms associated with certain debilitating medical conditions,
as found by the national academy of sciences institute of medicine in March
1999;
(2) According to the U.S. sentencing commission and the federal bureau
of investigation, ninety-nine (99) out of every one hundred (100) marijuana
arrests in the country are made under state law, rather than under federal
law. Consequently, changing state law will have the practical effect of pro-
tecting from arrest the vast majority of seriously ill people who have a med-
ical need to use marijuana.
(3) Although federal law currently prohibits the use of marijuana, the
laws of Alaska, Arizona, California, Colorado, Delaware, the District of Co-
lumbia, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico,
Oregon, Rhode Island, Vermont and Washington permit the use of marijuana for
medical purposes. Idaho joins this effort for the health and welfare of its
citizens.
(4) States are not required to enforce federal law or prosecute people
for engaging in activities prohibited by federal law; therefore, compliance
with the provisions of this chapter does not put the state of Idaho in viola-
tion of federal law.
(5) Many patients with severe chronic medical conditions are pre-
scribed costly addictive drugs such as morphine and oxycodone, which can
result in additional negative impacts to the health of the patient. The use
of medical marijuana can provide significant pain relief to the patient and
at the same time be a major cost savings to the patient, their families and
the state.
(6) Compassion dictates that a distinction be made between medical and
nonmedical uses of marijuana. Hence, the purpose of this chapter is to pro-
tect from arrest, prosecution, property forfeiture, and criminal and other
penalties those patients who use marijuana to alleviate suffering from de-
bilitating medical conditions, as well as their physicians, primary care-
givers and those who are authorized to produce marijuana for medical pur-
poses.
39-4703. DEFINITIONS. As used in this chapter:
(1) "Bona fide physician-patient relationship" means a relationship in
which the physician has ongoing responsibility for the assessment, care and
treatment of a patient's debilitating medical condition;
(2) "Certification" means a document signed by a physician licensed and
in good standing to practice in the state, stating that in the physician's
professional opinion the patient is likely to receive therapeutic or pal-
liative benefit from the medical use of marijuana to treat or alleviate the
patient's debilitating medical condition or symptoms associated with the
debilitating medical condition. A certification shall be made only in the
course of a bona fide physician-patient relationship;
(3) "Debilitating medical condition" means:
(a) One (1) of the following conditions: A seizure disorder, including
epilepsy, intractable skeletal muscular spasticity or glaucoma;
(b) One (1) or more of the following conditions: A chronic or debil-
itating disease or medical condition, or its treatment, that produces
one (1) or more of the following: severe debilitating pain, severe nau-
sea or vomiting, cachexia or wasting syndrome, seizures or severe and
persistent muscle spasms;
(c) Amyotrophic lateral sclerosis, multiple sclerosis, terminal can-
cer, muscular dystrophy, or inflammatory bowel disease, including
Crohn's disease;
(d) Terminal illness, if the physician has determined a prognosis of
less than twelve (12) months of life; or
(e) Any other medical condition or its treatment that is approved by the
department by rule;
(4) "Department" means the Idaho department of health and welfare;
(5) "Director" means the director of the Idaho department of health and
welfare;
(6) "Marijuana" has the meaning given in section 37-2701, Idaho Code;
(7) "Medical marijuana alternative treatment center" or "alternative
treatment center" means an organization approved by the department to per-
form activities necessary to provide registered qualifying patients with
usable marijuana and related paraphernalia in accordance with the provi-
sions of this chapter. This term shall include the organization's officers,
directors, board members and employees;
(8) "Medical use of marijuana" means the acquisition, possession,
transport or use of marijuana or paraphernalia by a registered qualifying
patient as authorized by this chapter, or the acquisition, possession or
transport of marijuana or paraphernalia by a designated caregiver on behalf
of a registered qualifying patient as authorized by this chapter;
(9) "Minor" means a person who is under eighteen (18) years of age and
who has not been married or previously declared by a court to be emancipated;
(10) "Paraphernalia" has the same meaning as the term "drug parapherna-
lia" given in section 37-2701, Idaho Code;
(11) "Physician" means a person licensed to practice medicine in the
state of Idaho with whom the patient has a bona fide physician-patient
relationship and who is the primary care physician, hospice physician or
physician responsible for the ongoing treatment of a patient's debilitating
medical condition. Provided however, that such ongoing treatment shall not
be limited to the provision of authorization for a patient to use medical
marijuana or consultation solely for that purpose;
(12) "Primary caregiver" or "caregiver" means a resident of the state
who:
(a) Is at least eighteen (18) years old;
(b) Has agreed to assist with a registered qualifying patient's medical
use of marijuana, is not currently serving as a primary caregiver for
another qualifying patient, and is not the qualifying patient's physi-
cian;
(c) Has never been convicted of possession or sale of a controlled
substance, unless such conviction occurred after the effective date of
this act and was for a violation of federal law related to possession or
sale of marijuana that is authorized under this chapter;
(d) Has registered with the department pursuant to section 39-4704,
Idaho Code, and has satisfied the criminal history record background
check requirement of section 39-4704, Idaho Code; and
(e) Has been designated as a primary caregiver on the qualifying pa-
tient's application or renewal for a registry identification card or in
other written notification to the department;
(13) "Qualifying patient" or "patient" means a resident of the state who
has been provided with a certification by a physician pursuant to a bona fide
physician-patient relationship;
(14) "Registry identification card" means a document issued by the de-
partment that identifies a person as a registered qualifying patient or pri-
mary caregiver;
(15) "Usable marijuana" means the dried leaves and flowers of mari-
juana, and any mixture or preparation thereof, and does not include the
seeds, stems, stalks or roots of the plant.
39-4704. REGISTRATION. (1) The department shall establish a registry
of qualifying patients and their primary caregivers and shall issue a reg-
istry identification card that shall be valid for two (2) years to a qualify-
ing patient and primary caregiver, if applicable, who submits the following,
in accordance with rules adopted by the department:
(a) A certification that meets the requirements of section 39-4705,
Idaho Code;
(b) An application or renewal fee, which may be based on a sliding scale
as determined by the director;
(c) The name, address and date of birth of the patient and caregiver, as
applicable; and
(d) The name, address and telephone number of the patient's physician.
(2) Before issuing a registry identification card, the department
shall verify the information contained in the application or renewal form
submitted pursuant to this section. In the case of a primary caregiver, the
department shall provisionally approve an application pending the results
of a criminal history record background check, if the caregiver otherwise
meets the requirements of this chapter. The department shall approve or deny
an application or renewal within thirty (30) days of receipt of the completed
application or renewal, and shall issue a registry identification card
within five (5) days of approving the application or renewal. The department
may deny an application or renewal only if the applicant fails to provide
the information required pursuant to this section, or if the department
determines that the information was incorrect or falsified or does not meet
the requirements of this chapter. Denial of an application shall be a final
agency decision, subject to review pursuant to the provisions of chapter 52,
title 67, Idaho Code.
(3) (a) The director shall require each applicant seeking to serve as
a primary caregiver to undergo a criminal history record background
check. The director is authorized to exchange fingerprint data with
and receive criminal history record background information from the
Idaho state police and the federal bureau of investigation consistent
with the provisions of applicable federal and state laws, rules and
regulations. The Idaho state police shall forward criminal history
record background information to the director in a timely manner when
requested pursuant to the provisions of this section.
An applicant seeking to serve as a primary caregiver shall submit to be-
ing fingerprinted in accordance with applicable state and federal laws,
rules and regulations. No check of criminal history record background
information shall be performed pursuant to this section unless the ap-
plicant has furnished his written consent to that check. An applicant
who refuses to consent to, or cooperate in, the securing of a check of
criminal history record background information shall not be considered
for inclusion in the registry as a primary caregiver or issuance of an
identification card. An applicant shall bear the cost for the criminal
history record background check, including all costs of administering
and processing the check.
(b) The director shall not approve an applicant seeking to serve as a
primary caregiver if the criminal history record background informa-
tion of the applicant reveals a disqualifying conviction. For the pur-
poses of this section, a disqualifying conviction shall mean a convic-
tion of a crime involving any controlled substance as set forth in the
provisions of Idaho law.
(c) Upon receipt of the criminal history record background information
from the Idaho state police and the federal bureau of investigation,
the director shall provide written notification to the applicant of his
qualification or disqualification for serving as a primary caregiver.
If the applicant is disqualified because of a disqualifying conviction
pursuant to the provisions of this section, the conviction that con-
stitutes the basis for the disqualification shall be identified in the
written notice.
(d) The Idaho state police shall promptly notify the director in the
event that an individual who was the subject of a criminal history
record background check conducted pursuant to this section is convicted
of a crime or offense in this state after the date the background check
was performed. Upon receipt of that notification, the director shall
make a determination regarding the continued eligibility of the appli-
cant to serve as a primary caregiver.
(e) Notwithstanding the provisions of subsection (2) of this section
to the contrary, no applicant shall be disqualified from serving as a
registered primary caregiver on the basis of any conviction disclosed
by a criminal history record background check conducted pursuant to
this section if the individual has affirmatively demonstrated to the
director clear and convincing evidence of rehabilitation. In determin-
ing whether clear and convincing evidence of rehabilitation has been
demonstrated, the following factors shall be considered:
(i) The nature and responsibility of the position that the con-
victed individual would hold, has held or currently holds;
(ii) The nature and seriousness of the crime or offense;
(iii) The circumstances under which the crime or offense occurred;
(iv) The date of the crime or offense;
(v) The age of the individual when the crime or offense was com-
mitted;
(vi) Whether the crime or offense was an isolated or repeated in-
cident;
(vii) Any social conditions that may have contributed to the com-
mission of the crime or offense; and
(viii) Any evidence of rehabilitation, including good conduct
in prison or in the community, counseling or psychiatric treat-
ment received, acquisition of additional academic or vocational
schooling, successful participation in correctional work release
programs, or the recommendation of those who have had the individ-
ual under their supervision.
(4) A registry identification card shall contain the following infor-
mation:
(a) The name, address and date of birth of the patient and primary care-
giver, if applicable;
(b) The expiration date of the registry identification card;
(c) Photo identification of the cardholder;
(d) A random ten (10) digit alphanumeric identification number, con-
taining at least four (4) numbers and at least four (4) letters, which is
unique to the cardholder;
(e) If the cardholder is a primary caregiver, the random identifica-
tion number of the registered qualifying patient the primary caregiver
is assisting; and
(f) Such other information that the department may specify by rule.
(5) (a) A patient who has been issued a registry identification card
shall notify the department of any change in the patient's name, ad-
dress, or physician or change in status of the patient's debilitating
medical condition, within thirty (30) days of such change, or the reg-
istry identification card shall be deemed null and void.
(b) A primary caregiver who has been issued a registry identification
card shall notify the department of any change in the caregiver's name
or address within thirty (30) days of such change, or the registry iden-
tification card shall be deemed null and void.
(6) The department shall maintain a confidential list of the persons
to whom it has issued registry identification cards. Individual names and
other identifying information on the list, and information contained in any
application form or accompanying or supporting document, shall be confiden-
tial and shall not be considered a public record under chapter 3, title 9,
Idaho Code, and shall not be disclosed except to:
(a) Authorized employees of the department as necessary to perform of-
ficial duties of the department; and
(b) Authorized employees of state or local law enforcement agencies,
only as necessary to verify that a person who is engaged in the suspected
or alleged medical use of marijuana is lawfully in possession of a reg-
istry identification card.
(7) Applying for or receiving a registry card does not constitute a
waiver of the qualifying patient's patient-physician privilege.
(8) A registered qualifying patient may be registered at only one (1)
alternative treatment center at a time. A registered qualifying patient
shall notify the department of which alternative treatment center the pa-
tient designates and the department shall update the registered qualifying
patient's record and the patient's primary caregiver's record, if any, to
reflect the designation.
(9) A registered qualifying patient may change his alternative treat-
ment center. A fee of fifteen dollars ($15.00) shall be paid to the depart-
ment. The department shall, within five (5) business days of receiving the
notification, update the registered qualifying patient's record and the pa-
tient's primary caregiver's record, if any, to reflect the change in desig-
nation, and notify the patient that the change has been processed. The de-
partment may limit the frequency a designation can be changed to once every
thirty (30) days.
(10) Within one hundred twenty (120) days of the effective date of
this chapter, the department shall establish a verification system. The
verification system must allow law enforcement personnel and alternative
treatment centers to enter a registry identification number to determine
whether or not the number corresponds with a current, valid registry iden-
tification card. The system shall disclose only whether the identification
card is valid, whether the cardholder is a registered qualifying patient or a
registered primary caregiver, and the registry identification number of the
alternative treatment center that serves the registered qualifying patient
who holds the card or the registry identification number of the patient who
is assisted by the registered primary caregiver who holds the card.
39-4705. CERTIFICATION. If the registered qualifying patient's cer- tifying physician notifies the department in writing that either the reg- istered qualifying patient has ceased to suffer from a debilitating medical condition or that the practitioner no longer believes the patient would re- ceive therapeutic or palliative benefit from the medical use of marijuana, the card shall become null and void upon notification of the patient by the department. However, the registered qualifying patient shall have fifteen (15) days to dispose of his or her marijuana.
39-4706. PROTECTIONS. (1) A qualifying patient or primary care-
giver possessing a valid registry identification card and possessing two
(2) ounces or less of usable marijuana, an alternative treatment center,
a physician, or any other person acting in accordance with the provisions
of this chapter shall not be subject to arrest, prosecution or any civil or
administrative penalty, or denied any right or privilege including, but not
limited to, civil penalty or disciplinary action by a professional licens-
ing board related to the medical use of marijuana as authorized under this
chapter.
(2) Possession of, or application for, a registry identification card
shall not alone constitute probable cause to search the person or the prop-
erty of the person possessing or applying for the registry identification
card, or otherwise subject the person or his property to inspection by any
governmental agency.
(3) No person shall be subject to arrest or prosecution for construc-
tive possession, conspiracy or any other offense for simply being in the
presence or vicinity of the medical use of marijuana as authorized under this
chapter.
(4) No custodial parent, guardian, or person who has legal custody of a
qualifying patient who is a minor shall be subject to arrest or prosecution
for constructive possession, conspiracy or any other offense for assisting
the minor in the medical use of marijuana as authorized under this chapter.
(5) A qualifying patient shall not be denied employment in the public or
private sector on the basis of a positive test for marijuana.
39-4707. ALTERNATIVE TREATMENT CENTERS. (1) The department shall ac-
cept applications from entities for permits to operate as alternative treat-
ment centers, and may charge a reasonable fee for the issuance of a permit
under this section. The department shall seek to ensure the availability of
a sufficient number of alternative treatment centers throughout the state,
pursuant to need, including at least two (2) each in the northern, central
and southern regions of the state. The first two (2) centers issued a permit
in each region shall be nonprofit entities, and centers subsequently issued
permits may be nonprofit or for-profit entities.
An alternative treatment center shall be authorized to acquire a rea-
sonable initial and ongoing inventory, as determined by the department, of
marijuana seeds or seedlings and paraphernalia, possess, cultivate, plant,
grow, harvest, process, display, manufacture, deliver, transfer, trans-
port, distribute, supply, sell or dispense marijuana, or related supplies to
qualifying patients or their primary caregivers who are registered with the
department pursuant to section 39-4704, Idaho Code.
Applicants for authorization as nonprofit alternative treatment cen-
ters shall be subject to all applicable state laws governing nonprofit en-
tities, but need not be recognized as a 50l(c)(3) organization by the federal
internal revenue service.
(2) The department shall require that an applicant provide such in-
formation as the department determines to be necessary pursuant to rules
adopted pursuant to this chapter.
(3) A person who has been convicted of a crime involving any controlled
substance as set forth in title 37, Idaho Code, or any similar law of the
United States or any other state, shall not be issued a permit to operate
as an alternative treatment center or be a director, officer or employee of
an alternative treatment center, unless such conviction occurred after the
effective date of this act and was for a violation of federal law relating
to possession or sale of marijuana for conduct that is authorized under this
chapter.
(4) (a) The director shall require each applicant seeking a permit to
operate as an alternative treatment center to undergo a criminal his-
tory record background check. For purposes of this section, the term
"applicant" shall include any owner, director, officer or employee
of an alternative treatment center. The director is authorized to
exchange fingerprint data with and receive criminal history record
background information from the Idaho state police and the federal
bureau of investigation consistent with the provisions of applicable
federal and state laws, rules and regulations. The Idaho state police
shall forward criminal history record background information to the
director in a timely manner when requested pursuant to the provisions of
this section.
An applicant shall submit to being fingerprinted in accordance with
applicable state and federal laws, rules and regulations. No check
of criminal history record background information shall be performed
pursuant to this section unless the applicant has furnished his written
consent to that check. An applicant who refuses to consent to, or coop-
erate in, the securing of a check of criminal history record background
information shall not be considered for a permit to operate, or be
authorized to be employed at, an alternative treatment center. An ap-
plicant shall bear the cost for the criminal history record background
check, including all costs of administering and processing the check.
(b) The director shall not approve an applicant for a permit to oper-
ate, or authorize employment at, an alternative treatment center if
the criminal history record background information of the applicant
reveals a disqualifying conviction as set forth in paragraph (c) of this
subsection.
(c) Upon receipt of the criminal history record background information
from the Idaho state police and the federal bureau of investigation,
the director shall provide written notification to the applicant of his
qualification for or disqualification for a permit to operate or be a
director, officer or employee of an alternative treatment center. If
the applicant is disqualified because of a disqualifying conviction
pursuant to the provisions of this section, the conviction that con-
stitutes the basis for the disqualification shall be identified in the
written notice.
(d) The Idaho state police shall promptly notify the director in the
event that an individual who was the subject of a criminal history
record background check conducted pursuant to this section is convicted
of a crime or offense in this state after the date the background check
was performed. Upon receipt of that notification, the director shall
make a determination regarding the continued eligibility to operate or
be a director, officer or employee of an alternative treatment center.
(e) Notwithstanding any other provisions of this section to the con-
trary, the director may offer provisional authority for an applicant to
be an employee of an alternative treatment center for a period not to ex-
ceed three (3) months if the applicant submits to the director a sworn
statement attesting that the person has not been convicted of any dis-
qualifying conviction pursuant to this section.
(f)
Notwithstanding any other provisions of this section to the
contrary, no employee of an alternative treatment center shall be
disqualified on the basis of any conviction disclosed by a criminal
history record background check conducted pursuant to this section if
the individual has affirmatively demonstrated to the director clear and
convincing evidence of rehabilitation. In determining whether clear
and convincing evidence of rehabilitation has been demonstrated, the
following factors shall be considered:
(i) The nature and responsibility of the position that the con-
victed individual would hold, has held or currently holds;
(ii) The nature or seriousness of the crime or offense;
(iii) The circumstances under which the crime or offense occurred;
(iv) The date of the crime or offense;
(v) The age of the individual when the crime or offense was com-
mitted;
(vi) Whether the crime or offense was an isolated or repeated in-
cident;
(vii) Any social conditions that may have contributed to the com-
mission of the crime or offense; and
(viii) Any evidence of rehabilitation, including good conduct
in prison or in the community, counseling or psychiatric treat-
ment received, acquisition of additional academic or vocational
schooling, successful participation in correctional work release
programs, or the recommendation of those who have had the individ-
ual under their supervision.
(5) The department shall issue a permit to a person to operate as an
alternative treatment center if the department finds that issuing such a
permit would be consistent with the purposes of this chapter, the require-
ments of this section are met and the department has verified the information
contained in the application. The department shall approve or deny an ap-
plication within sixty (60) days after receipt of a completed application.
The denial of an application shall be considered a final agency decision,
subject to review pursuant to the provisions of chapter 52, title 67, Idaho
Code. The department may suspend or revoke a permit to operate as an alterna-
tive treatment center for cause, which shall be subject to review pursuant to
the provisions of chapter 52, title 67, Idaho Code.
(6) A person who has been issued a permit pursuant to this section shall
display the permit at the premises of the alternative treatment center at all
times when marijuana is being produced or dispensed to a registered quali-
fying patient or the patient's primary caregiver. The department shall in-
clude on each permit a random ten (10) digit registry identification number
that shall be unique to the alternative treatment center.
(7) An alternative treatment center shall report any change in informa-
tion to the department not later than ten (10) days after such change, or the
permit shall be deemed null and void.
(8) An alternative treatment center may charge a registered qualifying
patient or primary caregiver for the reasonable costs associated with the
production and distribution of marijuana for the cardholder.
(9) The director shall adopt rules to:
(a) Require such written documentation of each delivery of marijuana
to, and pickup of marijuana for, a registered qualifying patient, in-
cluding the date and amount dispensed, to be maintained in the records
of the alternative treatment center as the director determines neces-
sary to ensure effective documentation of the operations of each alter-
native treatment center;
(b) Monitor, oversee and investigate all activities performed by an al-
ternative treatment center; and
(c) Ensure adequate security of all facilities twenty-four (24) hours
per day, including production and retail locations, and security of all
delivery methods to registered qualifying patients.
(10) Alternative treatment centers shall be located only in those areas
that do not violate zoning laws.
39-4708. ACTIVITY NOT PERMITTED. The provisions of this chapter shall
not be construed to permit a person to:
(1) Operate, navigate or be in actual physical control of any vehicle,
aircraft, railroad train, stationary heavy equipment or vessel while under
the influence of marijuana; or
(2) Smoke marijuana in a school bus or other form of public transporta-
tion, in a private vehicle unless the vehicle is not in operation, on any
school grounds, in any correctional facility, at any public park or beach,
at any recreation center, or in any place where smoking is otherwise prohib-
ited.
A person who commits an act as provided in this section shall be subject to
such penalties as are provided by law.
39-4709. CRIMINAL CONDUCT. A person who knowingly sells, offers, or
exposes for sale, or otherwise transfers, or possesses with the intent to
sell, offer or expose for sale or transfer, a document that falsely purports
to be a registration card issued pursuant to this chapter, or a registration
card issued pursuant to this chapter that has been altered, is guilty of a
misdemeanor. A person who knowingly presents to a law enforcement officer a
document that falsely purports to be a registration card issued pursuant to
this chapter, or a registration card that has been issued pursuant to this
chapter that has been altered, is guilty of a misdemeanor. The provisions of
this section are intended to supplement current law and shall not limit pros-
ecution or conviction for any other offense.
39-4710. DISPENSATION OF MARIJUANA. (1) Before marijuana may be
dispensed to a registered qualifying patient or the patient's primary care-
giver, the alternative treatment center shall verify that the person holds
a valid registry identification card and that the alternative treatment
center is the designated alternative treatment center for the registered
qualifying patient who is obtaining the marijuana directly or via his pri-
mary caregiver.
(2) An alternative treatment center shall not dispense more than two
(2) ounces of marijuana to a registered qualifying patient, directly or via a
primary caregiver, in any twenty-eight (28) day period. Alternative treat-
ment centers shall ensure compliance with this limitation by maintaining in-
ternal confidential records that include records specifying how much mari-
juana was dispensed to the registered qualifying patient and whether it was
dispensed directly to the registered qualifying patient or to his primary
caregiver. Each entry shall include the date and time the marijuana was dis-
pensed. All dispensing records created by an alternative treatment center
shall identify qualifying patients and primary caregivers by their registry
identification numbers and may not contain names or other personally identi-
fying information.
39-4711. EXEMPTION -- BURDEN OF PROOF. (1) If conduct is authorized
by the provisions of this chapter, that authorization shall, subject to the
provisions of this section, constitute an exemption from criminal liabil-
ity, and the absence of such authorization shall not be construed to be an
element of any offense. It is an affirmative defense to any criminal ac-
tion arising under this chapter or any other provision of Idaho law that the
defendant is the authorized holder of an appropriate registration, permit
or order form or is otherwise exempted or excepted from criminal liability
by virtue of any provision of this chapter. The affirmative defense estab-
lished herein shall be proven by the defendant by a preponderance of the
evidence. It shall not be necessary for the state to negate any exemption
set forth in this chapter in any complaint, information, indictment or other
pleading or in any trial, hearing or other proceeding under this chapter.
(2) No liability shall be imposed by virtue of this chapter upon any
duly authorized state officer engaged in the enforcement of any law or munic-
ipal ordinance relating to controlled substances.
39-4712. RECEIPT OF FUNDS -- FEES. (1) The director may accept from
any governmental department or agency, public or private body, or any other
source, grants or contributions to be used in carrying out the purposes of
this chapter.
(2) All fees collected pursuant to this chapter, including those from
qualifying patients and alternative treatment centers' initial, modifica-
tion and renewal applications, shall be used to offset the cost of the de-
partment's administration of the provisions of this chapter.
39-4713. REPORTS. (1) The director shall report to the governor and to
the legislature:
(a) No later than one (1) year after the effective date of this act, on
the actions taken to implement the provisions of this chapter; and
(b) Annually thereafter on the number of applications for registry
identification cards, the number of qualifying patients registered,
the number of primary caregivers registered, the nature of the debil-
itating medical conditions of the patients, the number of registry
identification cards revoked, the number of alternative treatment cen-
ter permits issued and revoked, and the number of physicians providing
certifications for patients.
(2) The reports shall not contain any identifying information of pa-
tients, caregivers or physicians.
(3) Within two (2) years after the effective date of this act and ev-
ery two (2) years thereafter, the director shall: evaluate whether there
are sufficient numbers of alternative treatment centers to meet the needs
of registered qualifying patients throughout the state; evaluate whether
the maximum amount of medical marijuana allowed pursuant to this chapter is
sufficient to meet the medical needs of qualifying patients; and determine
whether any alternative treatment center has charged excessive prices for
marijuana that the center dispensed.
The director shall report his findings no later than two (2) years after the
effective date of this act, and every two (2) years thereafter, to the gover-
nor and to the legislature.
39-4714. ACTIONS NOT REQUIRED. Nothing in this chapter shall be con- strued to require a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana, or an employer to accommodate the medical use of marijuana in any workplace.
39-4715. STATE NOT LIABLE. In addition to any immunity or defense provided by law, the state and any employee or agent of the state shall not be held liable for any actions taken in accordance with this chapter or for any deleterious outcomes from the medical use of marijuana by any registered qualifying patient.
39-4716. RULES -- ADVISORY COMMITTEE. The director shall, within ninety (90) days of the effective date of this act, promulgate such rules as he deems necessary to implement the provisions of this chapter unless otherwise specified pursuant to the provisions of this chapter. Rules shall include, but not be limited to, rules for the selection and function of an advisory committee which shall be established on the effective date of this act for the purpose of advising the director on the administrative aspects of the Idaho compassionate use medical marijuana act, reviewing current and proposed administrative rules of the program and providing annual input on the fee structure of the program. Members of the committee shall include representatives of the medical community, law enforcement, patient advocate groups and the legislature and any other fields as determined by the direc- tor. The committee shall meet at least three (3) times per year, at times and places specified by the director and shall serve without compensation. The department shall provide staff support to the committee. To the extent per- mitted by laws relating to confidentiality, state agencies shall furnish any information that the members of the committee consider necessary to perform their duties.