House File 2179 - Introduced HOUSE FILE 2179 BY MASCHER A BILL FOR An Act relating to the creation of a medical marijuana Act 1 including the creation of compassion centers, and providing 2 for civil and criminal penalties and fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5955YH (2) 83 rh/nh

H.F. 2179 Section 1. Section 124.401, subsection 5, Code Supplement 1 2009, is amended by adding the following new unnumbered 2 paragraph: 3 NEW UNNUMBERED PARAGRAPH . A person may knowingly or 4 intentionally possess marijuana if the possession is in 5 accordance with the provisions of chapter 124D. 6 Sec. 2. NEW SECTION . 124D.1 Citation. 7 This chapter shall be known and may be cited as the “Medical 8 Marijuana Act” . 9 Sec. 3. NEW SECTION . 124D.2 Definitions. 10 As used in this chapter, the following definitions shall 11 apply: 12 1. “Cardholder” means a qualifying patient, a designated 13 caregiver, or a compassion center staff person who has been 14 issued and possesses a valid registry identification card. 15 2. “Compassion center staff person” means a principal 16 officer, board member, employee, volunteer, or agent of a 17 registered compassion center. 18 3. “Debilitating medical condition” means any of the 19 following: 20 a. Cancer, glaucoma, positive status for human 21 immunodeficiency virus, acquired immune deficiency syndrome, 22 hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, 23 agitation of Alzheimer’s disease, nail patella, or the 24 treatment of any of these conditions. 25 b. A chronic or debilitating disease or medical condition or 26 its treatment that produces any of the following: 27 (1) Cachexia or wasting syndrome. 28 (2) Severe pain. 29 (3) Severe nausea. 30 (4) Seizures, including but not limited to those 31 characteristic of epilepsy. 32 (5) Severe and persistent muscle spasms, including but not 33 limited to those characteristic of multiple sclerosis. 34 c. Any other medical condition or its treatment approved by 35 -1- LSB 5955YH (2) 83 rh/nh 1/ 30

H.F. 2179 the department. 1 4. “Department” means the department of public health. 2 5. “Designated caregiver” means a person twenty-one years 3 of age or older who has agreed to assist with a patient’s 4 medical use of marijuana, and who has never been convicted of a 5 felony drug offense. A designated caregiver shall not assist 6 more than five qualifying patients with their medical use of 7 marijuana. 8 6. “Enclosed, locked facility” means a closet, room, 9 greenhouse, or other enclosed area equipped with locks or other 10 security devices that permit access only by a cardholder. 11 7. “Felony drug offense” means a violation of a state or 12 federal controlled substance law that was classified as a 13 felony in the jurisdiction where the person was convicted. 14 “Felony drug offense” does not include any of the following: 15 a. An offense for which the sentence, including any term of 16 probation, incarceration, or supervised release, was completed 17 ten or more years earlier. 18 b. An offense that involved conduct that would have been 19 permitted under this chapter. 20 8. “Marijuana” means the same as defined in section 124.101, 21 subsection 19. 22 9. “Medical use” means the acquisition, possession, 23 cultivation, manufacture, use, delivery, sale, transfer, or 24 transportation of marijuana or paraphernalia relating to the 25 administration of marijuana to treat or alleviate a registered 26 qualifying patient’s debilitating medical condition or symptoms 27 associated with the patient’s debilitating medical condition. 28 10. “Possession” means the possession, acquisition, 29 manufacture, use, delivery, transfer, transportation, or 30 administration of marijuana by a qualifying patient or 31 designated caregiver possessing a valid registry identification 32 card, for certified medical use; provided that the marijuana 33 that may be possessed by a qualifying patient and such 34 qualifying patient’s designated caregiver does not, in total, 35 -2- LSB 5955YH (2) 83 rh/nh 2/ 30

H.F. 2179 exceed twelve plants and a total aggregate weight of two and 1 one-half ounces of usable marijuana. 2 11. “Practitioner” means a physician, dentist, podiatric 3 physician, or other person licensed or registered to distribute 4 or dispense a prescription drug or device in the course of 5 professional practice in Iowa or a person licensed by another 6 state in a health field in which, under Iowa law, licensees in 7 this state may legally prescribe drugs. “Practitioner” does not 8 include a veterinarian. 9 12. “Qualifying patient” means a person who has been 10 diagnosed by a practitioner with a debilitating medical 11 condition. 12 13. “Registered compassion center” means a not-for-profit 13 organization registered pursuant to section 124D.4 that 14 acquires, possesses, cultivates, manufactures, delivers, 15 transfers, transports, supplies, or dispenses marijuana or 16 related supplies and educational materials to cardholders. A 17 registered compassion center may receive compensation for all 18 expenses incurred in its operation. 19 14. “Registry identification card” means a document issued 20 by the department that identifies a person as a registered 21 qualifying patient, registered designated caregiver, or a 22 registered compassion center staff person. 23 15. “Unusable marijuana” means marijuana seeds, stalks, 24 seedlings, and unusable roots. “Seedling” means a marijuana 25 plant without flowers which is less than twelve inches in 26 height and less than twelve inches in diameter. 27 16. “Usable marijuana” means the dried leaves and flowers of 28 the marijuana plant, and any mixture or preparation thereof, 29 but does not include the seeds, stalks, and roots of the plant 30 and does not include the weight of any nonmarijuana ingredients 31 combined with marijuana and prepared for consumption as food or 32 drink. 33 17. “Verification system” means a secure, 34 password-protected, internet-based system established by the 35 -3- LSB 5955YH (2) 83 rh/nh 3/ 30

H.F. 2179 department pursuant to section 124D.6, that is accessible 1 twenty-four hours per day that law enforcement personnel and 2 compassion center staff persons may use to verify registry 3 identification cards established and maintained by the 4 department pursuant to section 124D.4. 5 18. “Visiting qualifying patient” means a qualifying patient 6 who is not a resident of this state or who has been a resident 7 of this state for less than thirty days. 8 19. “Written certification” means a document signed by a 9 practitioner, stating that in the practitioner’s professional 10 opinion the patient is likely to receive therapeutic or 11 palliative benefit from the medical use of marijuana to treat 12 or alleviate the patient’s debilitating medical condition or 13 symptoms associated with the debilitating medical condition. 14 A written certification shall be made only in the course 15 of a bona fide practitioner-patient relationship after the 16 practitioner has completed a full assessment of the qualifying 17 patient’s medical history. The written certification 18 shall specify the qualifying patient’s debilitating medical 19 condition. 20 Sec. 4. NEW SECTION . 124D.3 Medical use of marijuana. 21 1. A qualifying patient who has been issued and possesses a 22 registry identification card shall not be subject to arrest, 23 prosecution, or penalty in any manner, or denied any right 24 or privilege, including but not limited to a civil penalty 25 or disciplinary action by a business or occupational or 26 professional licensing board or bureau, for the medical use 27 of marijuana in accordance with this chapter, provided the 28 marijuana possessed by the qualifying patient does not exceed 29 the amount described in section 124D.2, subsection 10. The 30 marijuana plants shall be kept in an enclosed, locked facility, 31 unless the plants are being transported because the qualifying 32 patient is moving or if the plants are being transported to the 33 qualifying patient’s property. 34 2. A designated caregiver who has been issued and possesses 35 -4- LSB 5955YH (2) 83 rh/nh 4/ 30

H.F. 2179 a registry identification card shall not be subject to 1 arrest, prosecution, or penalty in any manner, or denied any 2 right or privilege, including but not limited to a civil 3 penalty or disciplinary action by a business or occupational 4 or professional licensing board or bureau, for assisting 5 a qualifying patient to whom the designated caregiver is 6 connected through the department’s registration process with 7 the medical use of marijuana in accordance with this chapter, 8 provided that the marijuana possessed by the designated 9 caregiver does not exceed the amount described in section 10 124D.2, subsection 10, for each qualifying patient to whom the 11 designated caregiver is connected through the department’s 12 registration process. The marijuana plants shall be kept in 13 an enclosed, locked facility, unless the plants are being 14 transported because the designated caregiver or qualifying 15 patient is moving or if the plants are being transported to 16 a designated caregiver’s or a qualifying patient’s property. 17 Registered designated caregivers and registered qualifying 18 patients are allowed to possess a reasonable amount of unusable 19 marijuana, including up to twelve seedlings, which shall not be 20 counted toward the limits in this section. 21 3. a. There shall be a presumption that a qualifying 22 patient or designated caregiver is engaged in the medical use 23 of marijuana pursuant to this chapter if the qualifying patient 24 or designated caregiver does both of the following: 25 (1) Possesses a registry identification card. 26 (2) Possesses an amount of marijuana that does not exceed 27 the amount allowed pursuant to section 124D.2, subsection 10. 28 b. The presumption may be rebutted by evidence that 29 conduct related to marijuana use or possession was not for the 30 purpose of treating or alleviating the qualifying patient’s 31 debilitating medical condition or symptoms associated with 32 the debilitating medical condition, in accordance with this 33 chapter. 34 4. A registered qualifying patient or registered designated 35 -5- LSB 5955YH (2) 83 rh/nh 5/ 30

H.F. 2179 caregiver shall not be subject to arrest, prosecution, or 1 penalty in any manner, or denied any right or privilege, 2 including but not limited to civil penalty or disciplinary 3 action by a business or occupational or professional licensing 4 board or bureau, for giving marijuana to a registered 5 qualifying patient or a registered designated caregiver for the 6 registered qualifying patient’s medical use where nothing of 7 value is transferred in return, or to offer to do the same, 8 provided that the registered qualifying patient or registered 9 designated caregiver does not knowingly cause the recipient to 10 possess more marijuana than is permitted in section 124D.2, 11 subsection 10. 12 5. A school, employer, or landlord shall not refuse to 13 enroll, employ, or lease to, or otherwise penalize, a person 14 solely on the basis of the person’s status as a registered 15 qualifying patient or a registered designated caregiver, unless 16 failing to do so would put the school, employer, or landlord 17 in violation of federal law or cause the school, employer, or 18 landlord to lose a federal contract or funding. 19 6. For the purposes of medical care, including organ 20 transplants, a registered qualifying patient’s authorized 21 use of marijuana in accordance with this chapter shall be 22 considered the equivalent of the authorized use of any other 23 medication used at the direction of a physician, and shall not 24 constitute the use of an illicit substance. 25 7. Unless a failure to do so would put an employer in 26 violation of federal law or federal regulations, an employer 27 may not discriminate against a person in hiring, termination, 28 or any term or condition of employment, or otherwise penalize 29 a person, if the discrimination is based upon any of the 30 following: 31 a. The person’s status as a registered qualifying patient or 32 registered designated caregiver. 33 b. A registered qualifying patient’s positive drug test for 34 marijuana components or metabolites, unless the patient used, 35 -6- LSB 5955YH (2) 83 rh/nh 6/ 30

H.F. 2179 possessed, or was impaired by marijuana on the premises of the 1 place of employment or during the hours of employment. 2 8. A person shall not be denied custody or visitation of 3 a minor for acting in accordance with this chapter, unless 4 the person’s behavior is such that it creates an unreasonable 5 danger to the safety of the minor as established by clear and 6 convincing evidence. 7 9. A registered designated caregiver may receive 8 compensation for costs associated with assisting a registered 9 qualifying patient’s medical use of marijuana, provided 10 that the registered designated caregiver is connected to 11 the registered qualifying patient through the department’s 12 registration process. Any such compensation shall not 13 constitute the sale of controlled substances. 14 10. A practitioner shall not be subject to arrest, 15 prosecution, or penalty in any manner, or denied any right or 16 privilege, including but not limited to a civil penalty or 17 disciplinary action by the board of medicine or by any other 18 business or occupational or professional licensing board or 19 bureau, solely for providing written certifications or for 20 otherwise stating that, in the practitioner’s professional 21 opinion, a patient is likely to receive therapeutic benefit 22 from the medical use of marijuana to treat or alleviate the 23 patient’s debilitating medical condition or symptoms associated 24 with the debilitating medical condition, provided that nothing 25 shall prevent a professional licensing board from sanctioning 26 a practitioner for failing to properly evaluate a patient’s 27 medical condition or otherwise violating the standard of care 28 for evaluating medical conditions. 29 11. A person shall not be subject to arrest, prosecution, 30 or penalty in any manner, or denied any right or privilege, 31 including but not limited to a civil penalty or disciplinary 32 action by a business or occupational or professional licensing 33 board or bureau, for providing a registered qualifying 34 patient or a registered designated caregiver with marijuana 35 -7- LSB 5955YH (2) 83 rh/nh 7/ 30

H.F. 2179 paraphernalia for purposes of a qualifying patient’s medical 1 use of marijuana. 2 12. Any marijuana, marijuana paraphernalia, licit property, 3 or interest in licit property that is possessed, owned, or used 4 in connection with the medical use of marijuana, as allowed 5 under this chapter, or acts incidental to such use, shall not 6 be seized or forfeited. 7 13. A person shall not be subject to arrest, prosecution, 8 or penalty in any manner, or denied any right or privilege, 9 including but not limited to a civil penalty or disciplinary 10 action by a business or occupational or professional licensing 11 board or bureau, simply for being in the presence or vicinity 12 of the medical use of marijuana as allowed under this chapter, 13 or for assisting a registered qualifying patient with using or 14 administering marijuana. 15 14. A registry identification card, or its equivalent, that 16 is issued under the laws of another state, district, territory, 17 commonwealth, or insular possession of the United States that 18 allows the medical use of marijuana by a visiting qualifying 19 patient, shall have the same force and effect as a registry 20 identification card issued by the department for purposes of 21 this chapter. 22 Sec. 5. NEW SECTION . 124D.4 Compassion centers. 23 1. The department shall register and issue a registration 24 certificate to the compassion center, with a random 25 twenty-digit alphanumeric identification number, within 26 ninety days of receiving an application for registration of a 27 compassion center if all of the following conditions are met: 28 a. The prospective compassion center provided all of the 29 following, in accordance with the department’s rules: 30 (1) An application or renewal fee. 31 (2) The legal name of the compassion center. 32 (3) The physical address of the compassion center and the 33 physical address of one additional location, if any, where 34 marijuana will be cultivated, neither of which may be within 35 -8- LSB 5955YH (2) 83 rh/nh 8/ 30

H.F. 2179 five hundred feet of a preexisting public or private school. 1 (4) The name, address, and date of birth of each compassion 2 center staff person. 3 (5) Operating regulations that include procedures for 4 oversight of the compassion center and procedures to ensure 5 accurate recordkeeping and security measures, in accordance 6 with rules adopted by the department pursuant to section 7 124D.5. 8 (6) If the city or county in which the compassion center 9 is to be located has enacted reasonable zoning ordinances, a 10 sworn and truthful statement that the compassion center is in 11 compliance with those ordinances. 12 b. The compassion center staff persons have not been 13 convicted of an offense that was classified as a felony in the 14 jurisdiction where the person was convicted, unless the offense 15 consisted of conduct for which this chapter would likely 16 have prevented a conviction, but the conduct either occurred 17 prior to the enactment of this chapter or was prosecuted by an 18 authority other than in this state. 19 c. None of the prospective principal officers or board 20 members of the compassion center have served as a principal 21 officer or board member for a compassion center that had its 22 registration certificate revoked. 23 d. None of the principal officers or board members of the 24 compassion center are younger than twenty-one years of age. 25 2. Except as provided in subsection 3, the department 26 shall issue each compassion center staff person a registry 27 identification card and log-in information for the verification 28 system within ten days of receipt of the person’s name, 29 address, date of birth, and a fee in an amount established 30 by the department. Each registry identification card shall 31 specify that the cardholder is a compassion center staff person 32 of a registered compassion center and shall contain all of the 33 following information: 34 a. The name, address, and date of birth of the compassion 35 -9- LSB 5955YH (2) 83 rh/nh 9/ 30

H.F. 2179 center staff person. 1 b. The legal name of the registered compassion center with 2 which the compassion center staff person is affiliated. 3 c. A random twenty-digit alphanumeric identification number 4 that is unique to the cardholder. 5 d. The date of issuance and expiration date of the registry 6 identification card. 7 e. A photograph, if the department requires inclusion of a 8 photograph by rule. 9 f. A statement signed by the prospective compassion center 10 staff person pledging not to divert marijuana to anyone who is 11 not allowed to possess marijuana pursuant to this chapter. 12 3. a. The department shall not issue a registry 13 identification card to a compassion center staff person who 14 has been convicted of an offense that was classified as a 15 felony in the jurisdiction where the person was convicted, 16 unless the offense consisted of conduct for which this chapter 17 would likely have prevented a conviction, but the conduct 18 either occurred prior to the enactment of this chapter or was 19 prosecuted by an authority other than in this state. The 20 department may conduct a background check of each compassion 21 center staff person in order to carry out this paragraph. The 22 department shall notify the registered compassion center in 23 writing of the reason for denying the registry identification 24 card. 25 b. The department shall not issue a registry identification 26 card to a compassion center staff person who is under the age 27 of twenty-one. 28 c. The department may refuse to issue a registry 29 identification card to a compassion center staff person who has 30 had a card revoked for violating this chapter. 31 4. a. A registered compassion center’s registration 32 certificate and the registry identification card for each 33 compassion center staff person shall expire one year after 34 the date of issuance. The department shall issue a renewal 35 -10- LSB 5955YH (2) 83 rh/nh 10/ 30

H.F. 2179 compassion center registration certificate within ten days 1 to any registered compassion center that submits a renewal 2 fee, provided that the compassion center’s registration is 3 not suspended and has not been revoked. The department shall 4 issue a renewal registry identification card within ten days to 5 any compassion center staff person who submits a renewal fee, 6 except as otherwise provided. 7 b. A registry identification card of a compassion center 8 staff person shall expire and the person’s log-in information 9 to the verification system shall be deactivated upon 10 notification by a registered compassion center that such person 11 ceases to work at the registered compassion center. 12 5. Registered compassion centers are subject to reasonable 13 inspection by the department. The department shall give at 14 least twenty-four hours’ notice of an inspection. 15 6. a. A registered compassion center shall be operated on a 16 not-for-profit basis for the mutual benefit of its members and 17 patrons. The bylaws of a registered compassion center or its 18 contracts with patrons shall contain such provisions relative 19 to the disposition of revenues and receipts as may be necessary 20 and appropriate to establish and maintain its not-for-profit 21 status. However, a registered compassion center need not be 22 recognized as tax-exempt by the Internal Revenue Service and is 23 not required to incorporate pursuant to chapter 504. 24 b. A registered compassion center shall notify the 25 department within ten days of when a compassion center staff 26 person ceases to work at the registered compassion center. 27 c. A registered compassion center shall notify the 28 department in writing of the name, address, and date of birth 29 of any new compassion center staff person and shall submit 30 a fee in an amount established by the department for a new 31 registry identification card before the new compassion center 32 staff person begins working at the registered compassion 33 center. 34 d. A registered compassion center shall implement 35 -11- LSB 5955YH (2) 83 rh/nh 11/ 30

H.F. 2179 appropriate security measures to deter and prevent unauthorized 1 entrance into areas containing marijuana and the theft of 2 marijuana including the use of enclosed, locked facilities for 3 the storage of marijuana. The cultivation of marijuana by a 4 registered compassion center shall take place in an enclosed, 5 locked facility, which can only be accessed by compassion 6 center staff persons who are cardholders. 7 e. The operating documents of a registered compassion 8 center shall include procedures for the oversight of the 9 registered compassion center and procedures to ensure accurate 10 recordkeeping. 11 f. A registered compassion center is prohibited from 12 acquiring, possessing, cultivating, manufacturing, delivering, 13 transferring, transporting, supplying, or dispensing marijuana 14 for any purpose except to assist registered qualifying patients 15 with the medical use of marijuana directly or through the 16 qualifying patients’ designated caregivers. 17 g. All principal officers and board members of a registered 18 compassion center shall be residents of the state of Iowa. 19 h. The governing body of a county or city may enact 20 reasonable limits on the number of registered compassion 21 centers that can operate in their jurisdiction, and may enact 22 zoning ordinances that reasonably limit registered compassion 23 centers to certain areas of their jurisdiction. 24 7. a. Before marijuana may be dispensed to a registered 25 designated caregiver or a registered qualifying patient, a 26 compassion center staff person shall verify the registered 27 qualifying patient for whom the marijuana is intended, and the 28 registered designated caregiver transporting the marijuana to 29 the registered qualifying patient, if any, in the verification 30 system and shall verify all of the following: 31 (1) That the registry identification card presented to the 32 registered compassion center is valid. 33 (2) That the person presenting the registry identification 34 card is the person identified on the card. 35 -12- LSB 5955YH (2) 83 rh/nh 12/ 30

H.F. 2179 (3) That the amount of marijuana to be dispensed would not 1 cause the registered qualifying patient to exceed a limit of 2 obtaining six ounces of marijuana during any thirty-day period. 3 b. Upon verification of the information in paragraph “a” , 4 but before dispensing marijuana to a registered qualifying 5 patient or a registered designated caregiver on a registered 6 qualifying patient’s behalf, a compassion center staff person 7 shall make an entry in the verification system, specifying how 8 much marijuana is being dispensed to the registered qualifying 9 patient and whether it was dispensed directly to the registered 10 qualifying patient or to the registered qualifying patient’s 11 registered designated caregiver. The entry must include the 12 date and time the marijuana was dispensed. 13 8. a. A registered compassion center shall not be subject 14 to a search, except inspection by the department pursuant to 15 subsection 5; seizure; or penalty, or be denied any right or 16 privilege, including but not limited to a civil penalty or 17 disciplinary action by a court or business licensing board or 18 entity, solely for acting in accordance with this chapter and 19 department rules to acquire, possess, cultivate, manufacture, 20 deliver, transfer, transport, supply, or dispense marijuana 21 or related supplies and educational materials to registered 22 qualifying patients, to registered designated caregivers 23 on behalf of registered qualifying patients, or to other 24 registered compassion centers. 25 b. A compassion center staff person shall not be subject 26 to arrest, prosecution, search, seizure, or penalty in any 27 manner or denied any right or privilege, including but not 28 limited to a civil penalty or disciplinary action by a court or 29 occupational or professional licensing board or entity, solely 30 for working for a registered compassion center in accordance 31 with this chapter and department rules to acquire, possess, 32 cultivate, manufacture, deliver, transfer, transport, supply, 33 or dispense marijuana or related supplies and educational 34 materials to registered qualifying patients, to registered 35 -13- LSB 5955YH (2) 83 rh/nh 13/ 30

H.F. 2179 designated caregivers on behalf of registered qualifying 1 patients, or to other registered compassion centers. 2 9. a. A registered qualifying patient shall not directly, 3 or through the registered qualifying patient’s registered 4 designated caregiver, obtain more than six ounces of marijuana 5 from a registered compassion center in any thirty-day period. 6 b. A registered compassion center may not dispense, deliver, 7 or otherwise transfer marijuana to a person other than another 8 registered compassion center staff person, a registered 9 qualifying patient, or a registered qualifying patient’s 10 registered designated caregiver. 11 c. A registered compassion center shall not obtain marijuana 12 from outside this state. 13 d. Except as otherwise provided, a person who has been 14 convicted of an offense that was classified as a felony in 15 the jurisdiction where the person was convicted shall not be 16 eligible to be a compassion center staff person. A person who 17 works as a compassion center staff person for a registered 18 compassion center in violation of this paragraph is subject 19 to a civil violation punishable by a penalty of up to one 20 thousand dollars. A subsequent violation of this paragraph is 21 an aggravated misdemeanor. In addition, such person’s registry 22 identification card shall be immediately revoked. 23 e. A registered compassion center shall not acquire usable 24 marijuana or mature marijuana plants from any person other than 25 another registered compassion center, a registered qualifying 26 patient, or a registered designated caregiver. A registered 27 compassion center is only allowed to acquire usable marijuana 28 or marijuana plants from a registered qualifying patient or a 29 registered designated caregiver if the registered qualifying 30 patient or registered designated caregiver receives no 31 compensation for the marijuana. A registered compassion center 32 in violation of this paragraph shall have its registration 33 immediately revoked. 34 Sec. 6. NEW SECTION . 124D.5 Departmental rules. 35 -14- LSB 5955YH (2) 83 rh/nh 14/ 30

H.F. 2179 1. Not later than January 1, 2011, the department shall 1 adopt rules governing the manner in which the department shall 2 consider petitions from the public to approve debilitating 3 medical conditions in addition to those debilitating medical 4 conditions set forth in section 124D.2, subsection 3. In 5 considering such a petition, the department shall include 6 public notice of, and an opportunity to comment in a public 7 hearing upon, such petition. The department shall, after 8 hearing, approve or deny such petition within sixty days of 9 submission of the petition. The approval or denial of such a 10 petition shall be considered a final agency action subject to 11 judicial review pursuant to chapter 17A. 12 2. Not later than November 1, 2010, the department shall 13 adopt rules governing the manner in which the department 14 shall consider applications for and renewals of registry 15 identification cards and compassion center registration 16 certificates. The rules shall establish application and 17 renewal fees. The fees shall meet all of the following 18 requirements: 19 a. The total fees collected must generate revenues 20 sufficient to offset all expenses of implementing and 21 administering this chapter. 22 b. A compassion center application fee shall not exceed five 23 thousand dollars. 24 c. A compassion center renewal fee shall not exceed one 25 thousand dollars. 26 d. The total revenue generated from fees relating to a 27 single compassion center including the compassion center 28 application fee, renewal fee, and registry identification card 29 fees for compassion center staff persons must be sufficient 30 to offset all expenses of implementing and administering the 31 compassion center, including the verification system. 32 e. The department may establish a sliding scale of 33 application and renewal fees based upon a qualifying patient’s 34 family income. 35 -15- LSB 5955YH (2) 83 rh/nh 15/ 30

H.F. 2179 f. The department may accept donations from private sources 1 in order to reduce the application and renewal fees. 2 3. Not later than November 1, 2010, the department shall 3 adopt rules governing the manner in which it shall consider 4 applications for and renewals of registration certificates 5 for registered compassion centers, including reasonable rules 6 governing all of the following: 7 a. The form and content of registration and renewal 8 applications. 9 b. Minimum oversight requirements for registered compassion 10 centers. 11 c. Minimum recordkeeping requirements for registered 12 compassion centers. 13 d. Minimum security requirements for registered compassion 14 centers, which shall include that each registered compassion 15 center location must be protected by a fully operational 16 security alarm system. 17 e. Procedures for suspending or terminating the registration 18 of registered compassion centers that violate this chapter or 19 the rules adopted pursuant to this section. 20 4. The department shall design rules with the goal of 21 protecting against diversion and theft, without imposing an 22 undue burden on registered compassion centers or compromising 23 the confidentiality of registered qualifying patients and their 24 registered designated caregivers. Any dispensing records that 25 a registered compassion center is required to keep shall track 26 transactions according to the qualifying patient’s, designated 27 caregiver’s, or compassion center’s registry identification 28 card number or registration certificate number, as applicable, 29 rather than their name, to protect their confidentiality. 30 Sec. 7. NEW SECTION . 124D.6 Registry identification cards 31 —— application —— fee —— penalty. 32 1. The department shall issue a registry identification 33 card to a qualifying patient who submits an application 34 containing all of the following: 35 -16- LSB 5955YH (2) 83 rh/nh 16/ 30

H.F. 2179 a. A written certification. 1 b. An application or renewal fee. 2 c. The name, address, and date of birth of the qualifying 3 patient except that if the applicant is homeless, no address 4 is required. 5 d. The name, address, and telephone number of the qualifying 6 patient’s practitioner. 7 e. The name, address, and date of birth of each designated 8 caregiver, if any, of the qualifying patient. 9 f. A statement signed by the qualifying patient pledging 10 not to divert marijuana to other persons not allowed to possess 11 marijuana under this chapter. 12 g. A signed statement from the designated caregiver pledging 13 not to divert marijuana to other persons not allowed to possess 14 marijuana under this chapter. 15 2. The department shall not issue a registry identification 16 card to a qualifying patient who is under the age of eighteen 17 unless all of the following requirements are met: 18 a. The qualifying patient’s practitioner has explained the 19 potential risks and benefits of the medical use of marijuana 20 to the qualifying patient and to a parent, guardian, or legal 21 custodian of the qualifying patient. 22 b. The parent, guardian, or person having legal custody 23 consents in writing to all of the following: 24 (1) Allowing the qualifying patient’s medical use of 25 marijuana. 26 (2) Serving as the qualifying patient’s designated 27 caregiver. 28 (3) Controlling the acquisition of the marijuana, the 29 dosage, and the frequency of the medical use of marijuana by 30 the qualifying patient. 31 3. The department shall verify the information contained 32 in an application or renewal application submitted pursuant 33 to this section, and shall approve or deny an application 34 or renewal application within fifteen days of receiving the 35 -17- LSB 5955YH (2) 83 rh/nh 17/ 30

H.F. 2179 application or renewal application. The department may deny 1 an application or a renewal application only if the applicant 2 fails to provide the information required pursuant to this 3 section, the applicant previously had a registry identification 4 card revoked for violating this chapter, or the department 5 determines that the information provided was falsified. 6 Rejection of an application or a renewal application is 7 considered a final agency action subject to judicial review 8 pursuant to chapter 17A. 9 4. The department shall issue a registry identification 10 card to the designated caregiver, if any, who is named in 11 a qualifying patient’s approved application or renewal 12 application, up to a maximum of one designated caregiver per 13 qualifying patient, provided the designated caregiver meets the 14 requirements of section 124D.2, subsection 5. 15 5. The department shall issue a registry identification 16 card to a qualifying patient and to the designated caregiver 17 within five days of approving an application or a renewal 18 application, which shall expire one year after the date 19 of issuance, unless a practitioner states in a written 20 certification that the qualifying patient would benefit from 21 the use of medical marijuana until a specified earlier or later 22 date. In such a case, the registry identification card shall 23 expire on that date. A registry identification card shall 24 contain all of the following: 25 a. The name, address, and date of birth of the qualifying 26 patient. 27 b. The name, address, and date of birth of the designated 28 caregiver, if any, of the qualifying patient. 29 c. The date of issuance and expiration date of the registry 30 identification card. 31 d. A random twenty-digit alphanumeric identification number 32 containing at least four numbers and at least four letters that 33 is unique to the cardholder. 34 e. If the cardholder is a designated caregiver, the random 35 -18- LSB 5955YH (2) 83 rh/nh 18/ 30

H.F. 2179 identification number of the registered qualifying patient the 1 designated caregiver is assisting. 2 f. A photograph, if the department requires a photograph. 3 6. a. A registered qualifying patient shall notify the 4 department of any change in the registered qualifying patient’s 5 name, address, or designated caregiver, or if the registered 6 qualifying patient ceases to have a debilitating medical 7 condition, within ten days of such change. 8 b. A registered qualifying patient who fails to notify the 9 department of any of the changes in paragraph “a” is subject 10 to a civil penalty of up to one hundred fifty dollars. If 11 the registered qualifying patient’s certifying practitioner 12 notifies the department in writing that either the registered 13 qualifying patient no longer suffers from a debilitating 14 medical condition or that the practitioner no longer believes 15 the patient would receive therapeutic or palliative benefit 16 from the medical use of marijuana, the card shall become null 17 and void upon notification by the department to the qualifying 18 patient. 19 c. A registered designated caregiver or compassion center 20 staff person shall notify the department of any change in the 21 registered designated caregiver’s or compassion center staff 22 person’s name or address within ten days of such change. A 23 registered designated caregiver or compassion center staff 24 person who fails to notify the department of such change is 25 subject to a civil penalty of up to one hundred fifty dollars. 26 d. When a cardholder notifies the department of any changes 27 listed in this subsection and submits a fee of ten dollars, 28 the department shall issue the cardholder a new registry 29 identification card within ten days of receiving the updated 30 information. If the person notifying the department is a 31 registered qualifying patient, the department shall also issue 32 the patient’s registered designated caregiver, if any, a new 33 registry identification card within ten days of receiving the 34 updated information. 35 -19- LSB 5955YH (2) 83 rh/nh 19/ 30

H.F. 2179 e. When a registered qualifying patient ceases to be 1 a registered qualifying patient or changes the registered 2 qualifying patient’s registered designated caregiver, the 3 department shall notify the designated caregiver within ten 4 days. The registered designated caregiver’s protections 5 as provided in this chapter shall expire ten days after 6 notification by the department. 7 f. If a cardholder loses their registry identification card, 8 the cardholder shall notify the department and submit a fee of 9 ten dollars within ten days of losing the card. Within five 10 days after such notification, the department shall issue a new 11 registry identification card with a new random identification 12 number to the cardholder, and if the cardholder is a registered 13 qualifying patient, to the registered qualifying patient’s 14 registered designated caregiver, if any. 15 7. Possession of, or application for, a registry 16 identification card shall not constitute probable cause or 17 reasonable suspicion and shall not be used to support the 18 search of the person or property of the person possessing or 19 applying for the registry identification card. 20 8. The following confidentiality rules shall apply to all 21 of the following: 22 a. Applications and supporting information submitted 23 by a qualifying patient or designated caregiver, including 24 information regarding the qualifying patient’s designated 25 caregiver and practitioner, are confidential. 26 b. Applications and supporting information submitted by a 27 compassion center or compassion center staff person operating 28 in compliance with this chapter, including the physical address 29 of a compassion center, are confidential. 30 c. The department shall maintain a confidential list 31 of the persons to whom the department has issued registry 32 identification cards. Individual names and other identifying 33 information on the list shall be confidential and not subject 34 to disclosure, except to authorized employees of the department 35 -20- LSB 5955YH (2) 83 rh/nh 20/ 30