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House OKs narrowly defined hemp-extract waiver for some children with intractable epilepsy

Utah House of Representatives · March 3, 2014
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Summary

The Utah House passed Seventh Substitute House Bill 105 to allow a one-year, doctor-recommended waiver for a hemp-derived extract (≤0.3% THC, ≥0.15% CBD) for qualified patients with intractable epilepsy and to authorize university research on industrial hemp; the measure passed 62–11.

The Utah House on March 3 approved Seventh Substitute House Bill 105, a two-part measure that lets qualified Utah residents import a narrowly defined hemp extract for patients with intractable epilepsy and allows university research into industrial hemp.

Representative John Frower (speaker on HB 105) told the House the bill creates “a waiver for a qualified Utah citizen to import this hemp product” and requires a board-certified neurologist’s recommendation, lab certification of cannabinoid content and a one-year waiver period administered by the Utah Department of Health. He said the extract is limited to 0.3% or less THC and at least 0.15% CBD, and that data from a state database would be shared with medical professionals to track outcomes.

Why it matters: supporters said the narrowly tailored measure offers families an option when current medications cause serious side effects and when some children do not respond to other treatments. Representative Frower summarized evidence he relied on: “In fact, 80 percent of the children that were using this plant extract in Colorado had a significant reduction in seizures,” he said during floor remarks.

Opponents and safeguards: lawmakers raising constitutional and safety concerns pressed the sponsor about federal law and the Food and Drug Administration’s role. Representative Schroer warned that bypassing the FDA’s established review could risk patient safety and dosing standards; Representative Frower responded that the product is a plant extract, not a prescription drug, and that families and neurologists would opt into the waiver amid close monitoring. Lawmakers added an amendment requiring a sunset review and reporting so the Legislature could reassess the policy after two years.

Key provisions and limits: the bill (as adopted) requires a certified laboratory analysis, a board-certified neurologist’s written recommendation, registration with the Department of Health, a one-year waiver term, and a database to collect treatment outcomes. The measure does not authorize in-state dispensing or broad commercial distribution; it allows personal possession for registered patients under specified conditions.

Vote and next steps: Seventh Substitute House Bill 105 passed the House by 62 yes to 11 no and will be transmitted to the Senate for consideration. Sponsor Frower said university researchers have agreed to help analyze outcomes and that the legislative oversight timeline will permit a future review of the program.