SF 2405 (LSB 6120SZ (1) 87)

SENATE FILE 2405

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO SF 2372)
(SUCCESSOR TO SSB 3135)

A BILL FOR

An Act relating to the regulation of medical cannabidiol, by altering the list of debilitating medical conditions and changing the definition of medical cannabidiol under the medical cannabidiol Act, and exempting sales of medical cannabidiol products from Iowa sales tax.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124E.2, subsections 2 and 6, Code 2018, are amended to read as follows:
   2.  “Debilitating medical condition” means any of the following:
   a.  Cancer, if the underlying condition or treatment produces one or more of the following:
   (1)  Severe or chronic pain.
   (2)  Nausea or severe vomiting.
   (3)  Cachexia or severe wasting.
   b.  Multiple sclerosis with severe and persistent muscle spasms.
   c.  Seizures, including those characteristic of epilepsy.
   d.  AIDS or HIV as defined in section 141A.1.
   e.  Crohn’s disease.
   f.  Amyotrophic lateral sclerosis.
   g.  Any terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following:
   (1)  Severe or chronic pain.
   (2)  Nausea or severe vomiting.
   (3)  Cachexia or severe wasting.
   h.  Parkinson’s disease.
   i.  Untreatable pain Severe or chronic pain.
   j.  Any other medical condition for which the patient’s health care practitioner determines the use of medical cannabidiol could be medically beneficial.
   6.  “Medical cannabidiol” means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that has a tetrahydrocannabinol level of no more than three percent and that is delivered in a form recommended by the medical cannabidiol board, approved by the board of medicine, and adopted by the department pursuant to rule.
    Sec. 2.  Section 124E.2, subsection 8, Code 2018, is amended by striking the subsection.
    Sec. 3.  Section 124E.3, subsection 1, paragraph a, Code 2018, is amended to read as follows:
   a.  (1)  Determine, in the health care practitioner’s medical judgment, whether the patient whom the health care practitioner has examined and treated suffers from a debilitating medical condition that qualifies for the use of medical cannabidiol under this chapter, and if so determined, provide the patient with a written certification of that diagnosis.
   (2)  If a health care practitioner determines that the patient whom the health care practitioner has examined and treated suffers from a debilitating medical condition pursuant to section 124E.2, subsection 2, paragraph “j”, that qualifies for the use of medical cannabidiol under this chapter, the health care practitioner’s written certification shall be based on reasonable medical evidence, and shall be made in good faith, in the best interest of the patient, without fraudulent intent, and with the same reasonable medical judgment and prudence exercised according to generally accepted medical practice.
    Sec. 4.  Section 124E.5, subsection 6, Code 2018, is amended by striking the subsection.
    Sec. 5.  Section 423.3, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  103.  The sales price of any medical cannabidiol product sold by a medical cannabidiol manufacturer or a medical cannabidiol dispensary pursuant to chapter 124E.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the regulation of medical cannabidiol. 
   The bill amends the definition of “debilitating medical condition” under the medical cannabidiol Act (Code chapter 124E) by removing the requirement that multiple sclerosis be accompanied by severe and persistent muscle spasms, replacing the term “untreatable pain” with “severe or chronic pain”, and including any medical condition for which a patient’s health care practitioner determines the use of medical cannabidiol could be medically beneficial. 
   The bill requires that any certification made by a health care practitioner for a patient for a debilitating medical condition not explicitly included on the list of debilitating medical conditions shall be made by a health care practitioner pursuant to reasonable medical evidence, in good faith, in the best interest of the patient, without fraudulent intent, and with the same reasonable medical judgment and prudence exercised according to generally accepted medical practice. Under current law, a health care practitioner may only issue a written certification for a debilitating medical condition explicitly included on the list of debilitating medical conditions. A written certification may be renewed on an annual basis if the health care practitioner determines that the patient continues to suffer from the debilitating medical condition.
   The bill alters the definition of medical cannabidiol by removing the requirements that medical cannabidiol be any pharmaceutical grade cannabinoid and that the cannabinoid has a tetrahydrocannabinol (THC) level of 3 percent or less.
   The bill exempts sales of medical cannabidiol products by a medical cannabidiol manufacturer or a medical cannabidiol dispensary pursuant to Code chapter 124E from sales tax.