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H 401

SERGEANT KITZHABER MEDICAL CANNABIS ACT – Amends and adds to existing law to authorize the possession, transportation, and use of cannabis for medical purposes and to provide that marijuana and tetrahydrocannabinols or synthetic equivalents are Schedule II controlled substances.

68th Legislature, 1st Regular Session (2025) Introduced by Ilana Rubel

House Bill 401 allows medical cannabis use for patients with specific conditions in Idaho, establishing regulations for possession, use, and practitioner recommendations.

Reported Printed; Filed in the Office of the Chief Clerk
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Bill Summary · H 401

Summary of House Bill 401: Sergeant Kitzhaber Medical Cannabis Act

Purpose and Intent

House Bill 401, titled the Sergeant Kitzhaber Medical Cannabis Act, aims to establish a regulated framework for the possession, transportation, and use of cannabis for medical purposes in Idaho. The bill seeks to reclassify cannabis from a Schedule I to a Schedule II controlled substance under Idaho law, thereby allowing its medical use for patients with specific qualifying conditions.

Key Provisions

The bill introduces several important provisions, including:

  • Eligibility for Medical Cannabis: Patients aged 21 and older with certain medical conditions, such as cancer, ALS, AIDS, Crohn's disease, epilepsy, multiple sclerosis, and terminal illness, can apply for a medical cannabis card after receiving a recommendation from a qualified medical practitioner.

  • Medical Cannabis Cards: These cards will be valid for up to one year and must be renewed. Only practitioners authorized to prescribe Schedule II controlled substances can recommend medical cannabis.

  • Possession Limits: Cardholders may possess up to 30 grams of unprocessed cannabis flower containing no more than 22% THC. All cannabis products must be in measured dosage forms, with packaging that indicates THC and CBD content.

  • Restrictions on Use: Smoking cannabis in public or in view of the public is prohibited. Additionally, cardholders are not allowed to sell or provide cannabis to non-cardholders, with violations resulting in criminal charges and potential revocation of the medical cannabis card.

  • Regulatory Framework: The bill establishes an electronic verification system for medical cannabis cards, outlines the responsibilities of medical practitioners, and includes provisions for caregiver registration and background checks.

  • Legal Protections and Limitations: The legislation clarifies that insurers are not required to cover cannabis-related treatments and establishes legal immunities for actions compliant with the act.

Affected Parties

The bill primarily affects:
- Patients: Individuals with qualifying medical conditions seeking relief through medical cannabis.
- Medical Practitioners: Licensed professionals who will be authorized to recommend cannabis for medical use.
- Caregivers: Designated individuals who assist patients in obtaining and using medical cannabis.
- Law Enforcement: Agencies responsible for enforcing the regulations outlined in the bill.

Procedural Aspects

  • Introduced: March 12, 2025
  • Current Status: Reported printed and filed in the Office of the Chief Clerk as of March 13, 2025.
  • Fiscal Impact: The bill is projected to have no fiscal impact on state or local government revenues or expenditures.

Conclusion

House Bill 401 represents a significant shift in Idaho's approach to cannabis, moving towards a regulated medical use framework. By providing legal access to cannabis for patients with serious health conditions, the bill aims to improve patient care and expand treatment options while maintaining strict controls on usage and distribution.

Compiled from official sources — confirm details with the bill’s official record.

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