HB 410 - CBD oil legalization and regulation

HB 410 - CBD oil legalization and regulation

by
Phil Haunschild
February 1, 2018
Phil Haunschild
February 1, 2018

Bill description: HB 410 would legalize the use of cannabidiol (CBD) oil for combatting the effects of intractable illnesses and establish a regulatory apparatus to manage its use.

Rating: 0

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non- violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes? 


If enacted, HB 410 would allow patients to use CBD oil to lessen or eliminate their pain and suffering. In order to avoid the penalty that is currently in place, patients would need a signed statement from a physician or neurologist that the CBD oil will have substantial health benefits for their patient.

CBD oil currently falls under Idaho’s Uniform Controlled Substances Act as a derivative of the cannabis plant. This act places all cannabis derivatives under Schedule I, the most restrictive classification. What this does not recognize is that CBD oil is not psychoactive as other derivatives are. It bears only trace elements of THC, the chemical which would otherwise produce the high associated with marijuana use. Simple possession of substances such as this carries with it a felony conviction and a maximum of seven years in prison and a $15,000 fine.

HB 410 would protect those who have a medical need for CBD oil from the fear that comes in the face of these exorbitant penalties and would allow them to seek the treatment they need.

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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market? 


While HB 410 would substantially regulate the use of CBD oil in Idaho, it would provide an avenue for its legal use in the state. Currently, individuals who require medicine which contains CBD oil must cross state lines to buy their medicine legally in Idaho’s bordering states.

HB 410 would limit the sale of CBD oil in the state only to those who have a stated medical need and prescription for it. Because CBD oil would be deemed a prescription drug, it would have to come through the highly regulated pharmaceutical industry, severely limiting access.

Most states have allowed some form of access to CBD oil for their residents, including every state bordering Idaho. HB 410 would put Idaho in line with the majority of states and would allow residents access to the medical benefits of CBD oil.

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Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government? 


The state Board of Pharmacy would be responsible for managing the regulatory program established under HB 410. The boards’ responsibilities would include accepting applications from individuals, registering the individuals and granting identification cards, and promulgating any other rules necessary for this program to function properly.

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Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments? 


To receive access to CBD oil, individuals would have to register with the Board of Pharmacy, submit an application, and pay a fee. The application would require general identification information, a copy of a photo identification card, and other information deemed relevant by the board. The fee would be set at an amount that covers the costs incurred by the board in processing these applications. To grant the registration for an applicant, the board would also require a signed statement from a physician or neurologist stating the need for CBD oil.

To legally use CBD oil, individuals would have to go through the above process every year. Thus, the process could create a substantial barrier in time and money to patients who seek legal approval in Idaho to use CBD oil.

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