The House Courts & Criminal Code Committee heard Rep. Friend’s HB 1148 on cannabidiol. Rep. Friend reported the bill was drafted with extensive input from the Indiana Prosecuting Attorneys Council and explained that it is intended to legalize use of the substance cannabidiol, or CBD oil, for use in the treatment of juvenile epilepsy. The bill provides an affirmative defense to the crime of possession of marijuana when based upon possession of a substance containing cannabidiol that is:
- a pharmaceutical product is approved by the FDA and provided by a wholesale drug distributor as part of a clinical trial of cannabidiol,
- delivered in a container labeled with the origin, volume, and concentration of the active ingredient,
- contains no THC, and
- possessed by a person or a parent, guardian, or caretaker of a child who has been diagnosed with Dravet syndrome or Lennox -Gastaut syndrome.
Several members of the committee expressed concern that it is impossible for a manufacturer to guarantee that a cannabidiol substance contains no THC.
A mother whose child has juvenile epilepsy testified in support of the bill as did a representative of the Indiana Prosecuting Attorney’s Council. A representative of the Indiana Public Defender Council also testified in support of the bill, but advocated for amended language that would set a percentage limit on the amount of THC that the substance could legally contain. The bill was held for the next meeting.
Read the bill at https://iga.in.gov/legislative/2017/bills/house/1148