HB 1996

I n recognition of the president's executive order rescheduling cannabis from Schedule I to Schedule III under federal law, this bill provides that it is an offense for a person to knowingly possess cannabis unless it was obtained directly from a physician licensed under the board of medical examiners or the board of osteopathic examination for a qualifying medical condition . Such qualifying medical conditions include all of the following:  Alzheimer's disease  ALS  Inflammatory bowel disease, including Crohn's disease and ulcerative colitis  Epilepsy or seizures  Multiple sclerosis  Parkinson's disease  HIV or AIDS  Sickle cell disease  Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain PENALTY This bill provides a violation with respect to cannabis, tetrahydrocannabinol, or chemical derivatives thereof, is a Class A misdemeanor and must be punished as described below. One Ounce or Less For a violation in which the person possesses one ounce or less of cannabis , this bill authorizes the court to impose a fine up to $100, require the person to perform up to 10 hours of community service, or both. However, t he court m ust not impose a period of confinement for possession of one ounce or less of cannabis. If a person upon whom a fine has been imposed alleges indigency or otherwise fails to pay the fine, th is bill requires the court to determine whether the person has willfully refused to pay or has made bona fide efforts to legally acquire resources to pay. If the person has not willfully refused to pay and has made bona fide efforts to attempt to pay the fine imposed, then the court must use its discretion regarding alternatives, including installment payments or additional community service. This bill requires a n officer enforcing this bill to issue a person a citation in lieu of custodial arrest . One Ounce to One-Half Pound For a violation in which the person possesses more than one ounce but less than one-half pound of cannabis , th is bill authorizes a court to impose a fine of up to $500, require the person to perform up to 40 hours of community service, or both. For a second such violation, th is bill authorizes a court to impose a fine of up to $1,000, a period of confinement of up to 30 days, or both. For a third or subsequent such violation, th is bill authorizes a court to impose a fine of up to $ 2,500 , a period of confinement of up to six months, or both.