Petitions to add medical conditions or treatments
Arkansas Constitution, Amendment 98, sec. 4
- (a) The Department of Health will only accept petitions that are sent via United States mail: Arkansas Department of Health Medical Marijuana Program 4815 West Markham, Slot 50 Little Rock, AR 72205
- (b) Each petition is limited to a single medical condition or disease.
(c) Each petition must include:
- (1) The specific name and brief description of the proposed debilitating medical condition or disease, including any applicable ICD-10 diagnostic code or codes;
- (2) The extent to which the debilitating medical condition or disease itself, and/or the treatments, cause severe suffering and impair a person's daily life;
- (3) A description of the conventional medical therapies, other than those that cause suffering, available to alleviate the suffering caused by the proposed debilitating medical condition or disease;
- (4) A description of the proposed benefits from the medical use of cannabis specific to the proposed debilitating medical condition or disease;
(5)
- (A) Evidence generally accepted by the medical community and other experts that the use of medical cannabis alleviates suffering caused by the debilitating medical disease and/or treatment.
- (B) This includes but is not limited to:
(i) Full-text peer-reviewed published journals; or
- (ii) Other completed medical studies; and
(6) Letters of support for the use of medical cannabis from physicians and/or other licensed healthcare providers knowledgeable about the condition or disease including, if applicable, a letter from the physician with whom the petitioner has a bona fide physician-patient relationship along with any medical, testimonial, or scientific documentation.
- (d)
- (1) If the petition meets all requirements, it will be referred for a public hearing.
- (2) Petitioners will be notified in advance of the date, time, and location of the public hearing, and will be allowed to offer verbal or written comments, as will other members of the public.
- (3) Notice of the public hearing shall conform.
- (e) If a medical condition, medical treatment, or disease in a petition has been previously considered and rejected or is determined to be substantially similar to a previously rejected condition, treatment, or disease, the department may deny the petition without first referring for a public hearing unless new scientific research that supports the request is offered in the petition.
(f)
- (1) After reviewing the petitions, supporting evidence, and public comments, the program will issue a recommendation to the director as to which of the conditions, diseases, or treatments should be added as qualifying conditions.
- (2) In considering a petition, the department shall recommend to add medical conditions or treatments to the list of qualifying medical conditions if patients suffering from the medical conditions or undergoing the treatments in question would derive therapeutic benefit from the use of marijuana, taking into account the positive and negative health effects of such use.
(g)
- (1) The director shall, after hearing, approve or deny a petition within one hundred twenty (120) days of submission of the petition.
- (2) The director will make the final determination.
- (3) If the decision is to add the condition, treatment, or disease, the department will proceed to propose rules to expand the list.