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HB 1408

TO ALLOW QUALIFYING PATIENTS OR DESIGNATED CAREGIVERS TO PURCHASE MEDICAL MARIJUANA USING A FLEXIBLE SPENDING ACCOUNT OR A HEALTH SAVINGS ACCOUNT.

2025 Regular Session Introduced by Josh Bryant and 1 co-sponsor

HB 1408 aimed to allow Arkansas patients and caregivers to use FSAs and HSAs for medical marijuana, reducing costs and improving access to essential treatment.

Died in House Committee at Sine Die adjournment.
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WeVote Research Nonpartisan
Bill Summary · HB 1408

Summary of House Bill 1408

Bill Number: HB 1408
Introduced: February 5, 2025
Status: Died in House Committee at Sine Die adjournment
Sponsors: Representative Pilkington, Senator J. Bryant

Purpose and Intent

House Bill 1408 aimed to expand the financial options available to qualifying patients and designated caregivers in Arkansas for purchasing medical marijuana. Specifically, the bill sought to allow these individuals to utilize Flexible Spending Accounts (FSAs) and Health Savings Accounts (HSAs) for their medical marijuana purchases. This legislative effort was intended to alleviate some of the financial burdens associated with obtaining medical marijuana, thereby improving access for those in need.

Key Provisions

The bill proposed the following key changes to existing law:

  • Definitions:

    • Flexible Spending Account (FSA): Defined as a medical expense account linked to a cafeteria plan, as permitted under the Internal Revenue Code of 1986.
    • Health Savings Account (HSA): Defined as an account established under a medical care savings program to cover eligible medical expenses for qualifying patients under a high-deductible health plan, as specified in federal law.

  • Usage Authorization:

    • The bill explicitly allowed qualifying patients or designated caregivers, as defined under the Arkansas Medical Marijuana Amendment of 2016, to use FSAs or HSAs to purchase medical marijuana.

Impact

If enacted, HB 1408 would have had the following impacts:

  • Financial Relief: By permitting the use of FSAs and HSAs for medical marijuana purchases, the bill aimed to reduce out-of-pocket expenses for patients and caregivers, making medical marijuana more financially accessible.
  • Healthcare Integration: The bill would have integrated medical marijuana into broader healthcare financing options, aligning it with other medical expenses that can be covered by tax-advantaged accounts.

Procedural Aspects

  • Legislative Journey:
    • The bill was filed on February 5, 2025, and was read for the first time, with rules suspended for a second reading. It was then referred to the House Committee on Insurance & Commerce.
    • Ultimately, the bill did not progress beyond the committee stage and was declared dead on May 5, 2025, at the Sine Die adjournment.

Conclusion

While HB 1408 aimed to enhance access to medical marijuana for qualifying patients and caregivers in Arkansas by allowing the use of FSAs and HSAs, it did not advance through the legislative process. The proposal highlighted ongoing discussions regarding the integration of medical marijuana into healthcare financing and the need for supportive measures to assist patients in managing their medical expenses.

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

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