JEFFERSON CITY • A personal plea from a senator whose 9-year-old son has intractable epilepsy caused tears on the Senate floor today.
The Missouri Legislature passed a bill to allow people with severe, persistent seizures to try an oil derived from cannabis plants as a treatment.
The legalization of oils high in cannabidiol (CBD) and low in tetrahydrocannabinol (THC), the chemical that creates the “high” experienced from marijuana consumption, is part of a national trend. The CBD oil has shown promise in treating children with intractable epilepsy.
The bill, which unanimously passed the Missouri Senate, would strictly regulate the production and distribution of the CBD oil. Only two nonprofit companies would be licensed to grow cannabis plants, produce and distribute the oil to registered patients. A neurologist would have to certify the child or adult had already tried at least three other treatments for their epilepsy.
The bill also includes provisions for the state’s agriculture department to make rules to ensure the security of the plants, test them to make sure they are high in CBD and below .03 percent THC, and audit the licensed centers.
Sen. Eric Schmitt, R-Glendale, said his son had his first infantile spasm at 11 months old and a four-hour seizure when he was 2 years old.
“He was convulsing uncontrollable, foaming at the mouth, the bedspread was wet. It was a terrible moment for us,” Schmitt said. “There was nothing anybody could do. I remember holding his hand and praying.”
Schmitt said Stephen was “maxed out” on all of his medications and that after looking into the CBD oil as a treatment, it sounded like a good option.
“The hardest part is the fear. The fear that you live with that the next one could be that four hour one – or worse,” Schmitt said. “The promise of CBD oil is real… I don’t know if this will work. We’ve had hope before. It might or it might not.”
Clinical trials on a CBD extract are underway in the United States, but they are limited to particular locations. The drug derived from marijuana plants is produced by a British-based company called GW Pharmaceuticals and FDA clinical trials are being conducted at six U.S. locations.
Some lawmakers expressed concern about the lack of FDA approval for CBD oil. Rep. Dave Schatz, R-Sullivan, opposed the bill and said he was concerned there was not enough medical evidence that this treatment worked. He said there could be harmful side effects and that the best route was to do controlled clinical trials.
“We may be promoting an issue that it may be detrimental to someone’s child,” Schatz said. “We should gather accurate information on whether this is snake oil or the magic pill we’ve been looking for.”
The bill does allow the state’s health department to set up clinical trials. Rep. Keith Frederick, R-Rolla, said he had similar concerns about gathering more information to ensure the oil was effective but he supported the bill. Frederick said he’d been assured by bill sponsor Rep. Caleb Jones, R-Columbia, that the Legislature would continue to work on making sure there was adequate research into the issue of efficacy and safety.
Jones said he introduced the bill after hearing the story of a personal friend and lobbyist. The parents of June Jessee, Matt and Genny, are moving to Colorado this month to try the CBD oil. June has intractable epilepsy.
Jones has emphasized that the bill is not related to medical marijuana.
Supporters of broader legalization of medical and potentially recreational marijuana have also supported the hemp oil bill as a positive step. Sen. Jason Holsman, D-Kansas City, said during debate on the senate floor that this bill acknowledged the medical potential of cannabis plants.
“This is a remarkable step given how far we’ve come,” Holsman said. “The day is coming when that prohibition will end… (This bill) is the first step and I wholeheartedly support it.”
Holsman introduced a broader medical marijuana bill that would not have restricted THC content and allowed use by patients with more afflictions beyond epilepsy. It passed out of committee but has not yet been taken up by the full Senate.
Holsman said the route to “tax and regulate” marijuana would have to come from the people of Missouri by initiative petition. John Payne, the director of Show-Me Cannabis, which supports full legalization of marijuana, said the passage of the CBD oil bill would provide relief for some people but that it did not address all the potential medical uses. Payne said the bill would not diminish support for a ballot initiative to legalize marijuana in Missouri.
Although several legalization petitions were approved this year, the organization decided not to gather signatures because polling results showed 2014 voters were not as supportive as voters in a presidential election year would be.
Matt Cook, who was part of drafting medical marijuana laws in Colorado and is a retired law enforcement officer, drew a distinction between marijuana and hemp at the Senate hearing on the CBD oil bill. He said there was no potential for a black market with the hemp oil because it lacked any THC.
“You also have probably the most restrictive legalization path to do (CBD oil) in the United States today,” Cook said.
The bill passed the House 136-12 and the Senate 32-0 today. The proposal now goes to Gov. Jay Nixon.
(The bill is HB 2238.)
Hemp extract bill to treat epilepsy sent to Missouri governor
