§2430. Medical Use of Marijuana Fund established

1.  Fund established.  The Medical Use of Marijuana Fund, referred to in this section as "the fund," is established as an Other Special Revenue Funds account in the department for the purposes specified in this section.

[PL 2017, c. 409, Pt. E, §10 (AMD).]

2.  Sources of fund.  The State Controller shall credit to the fund:

A. All money received as a result of applications and reapplications for registration as a qualifying patient, caregiver, dispensary, manufacturing facility and marijuana testing facility;   [PL 2017, c. 452, §19 (AMD).]

B. All money received as a result of applications and reapplications for registry identification cards for registered patients, caregivers, dispensaries and officers or directors or assistants of registered caregivers, dispensaries, manufacturing facilities and marijuana testing facilities;   [PL 2017, c. 452, §20 (AMD).]

C. All penalties and fines assessed for violations of this chapter;   [PL 2009, c. 631, §45 (NEW); PL 2009, c. 631, §51 (AFF).]

D. All money from any other source, whether public or private, designated for deposit into or credited to the fund;   [PL 2019, c. 312, §2 (AMD).]

E. Interest earned or other investment income on balances in the fund; and   [PL 2019, c. 312, §2 (AMD).]

F. All money received as a result of a reorganization of a registered dispensary operating as a nonprofit entity to a for-profit entity pursuant to section 2428, subsection 13, paragraph D.   [PL 2019, c. 312, §3 (NEW).]

[PL 2019, c. 312, §§2, 3 (AMD).]

3.  Uses of the fund.  The fund may be used for expenses of the department to administer this chapter or for research in accordance with subsection 5, as allocated by the Legislature. To the extent that funds remain in the fund after the expenses of the department to administer this chapter and for research in accordance with subsection 5, any remaining funds must be used to fund:

A. The cost of the tax deductions provided pursuant to Title 36, section 5122, subsection 2, paragraph PP and Title 36, section 5200-A, subsection 2, paragraph BB. By June 1st annually, the State Tax Assessor shall determine the cost of those deductions during the prior calendar year and report that amount to the State Controller, who shall transfer that amount from the remaining funds in the fund to the General Fund; and   [PL 2017, c. 452, §21 (NEW).]

B. The cost of the position in the Department of Administrative and Financial Services, Bureau of Revenue Services to administer the tax deductions provided pursuant to Title 36, section 5122, subsection 2, paragraph PP and Title 36, section 5200-A, subsection 2, paragraph BB. By June 1st annually, the Commissioner of Administrative and Financial Services shall determine the cost of the position in the bureau to administer those deductions during the prior calendar year and report that amount to the State Controller, who shall transfer that amount from the remaining funds in the fund to the General Fund.   [PL 2017, c. 452, §21 (NEW).]

[PL 2017, c. 452, §21 (AMD).]

4.  Review of fund balance.  Beginning January 2018 and every 2 years thereafter, the department shall review the balance in the fund. If the balance in the fund exceeds $400,000, the department shall reduce the fees established under section 2425-A, subsection 10 for a 2-year period beginning with the calendar year following the review.

[PL 2017, c. 452, §22 (NEW).]

5.  Medical marijuana research grant program established.  The medical marijuana research grant program, referred to in this subsection as "the program," is established within the department to provide grant money to support objective scientific research, including observational and clinical trials and existing research, on the efficacy of harvested marijuana as part of medical treatment and the health effects of harvested marijuana used as part of medical treatment. The program must be funded from the fund. The department shall adopt rules necessary to implement the program, including, but not limited to, required qualifications of persons conducting the research; determining the scientific merit and objectivity of a research proposal; criteria for determining the amount of program funds distributed; criteria for determining the duration of the research; procedures for soliciting research participants, including outreach to patients, and for obtaining the informed consent of participants; and reporting requirements for the results of the research and evaluation of the research results. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[PL 2019, c. 331, §31 (AMD).]

SECTION HISTORY

PL 2009, c. 631, §45 (NEW). PL 2009, c. 631, §51 (AFF). PL 2015, c. 475, §25 (AMD). PL 2017, c. 409, Pt. E, §10 (AMD). PL 2017, c. 452, §§19-22 (AMD). PL 2019, c. 312, §§2, 3 (AMD). PL 2019, c. 331, §31 (AMD).