SF 282 (LSB 2301XS (2) 87)

SENATE FILE 282

BY  ZAUN

A BILL FOR

An Act relating to the medical use of cannabidiol including the rescheduling of a cannabidiol investigational product approved as a prescription drug medication under federal law and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.201, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  If a cannabidiol investigational product approved as a prescription drug medication by the United States food and drug administration is designated as a schedule II controlled substance by the federal drug enforcement agency, the board shall, upon notice of the designation, similarly designate the prescription drug medication as a schedule II controlled substance under this chapter. Such designation by the board shall be immediately effective upon the date of publication in the federal register of the final order designating the prescription drug medication as a schedule II controlled substance.
   b.  The board shall adopt rules pursuant to chapter 17A to administer this subsection. The board may adopt rules on an emergency basis as provided in section 17A.4, subsection 3, and section 17A.5, subsection 2, to administer this subsection, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any emergency rules adopted in accordance with this subsection shall also be published as a notice of intended action as provided in section 17A.4, subsection 1.
    Sec. 2.  REPEAL.  Section 124D.8, Code 2017, is repealed.
    Sec. 3.  EFFECTIVE DATE.  The section of this Act repealing section 124D.8, Code 2017, takes effect June 30, 2017.
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 medical use of cannabidiol, including the rescheduling of a cannabidiol investigational product approved as a prescription drug medication under federal law.
   The bill provides if a cannabidiol investigational product approved as a prescription drug medication by the United States food and drug administration is designated as a schedule II controlled substance by the federal drug enforcement agency, the board of pharmacy shall, upon notice of the designation, similarly designate the prescription drug medication as a schedule II controlled substance. Such designation by the board shall be immediately effective upon the date of publication in the federal register of the final order designating the prescription drug medication as a schedule II controlled substance.
   The bill provides that the board shall adopt rules pursuant to Code chapter 17A to administer the bill and may adopt emergency rules which shall be effective immediately upon filing unless a later date is specified in the rules. Any emergency rules adopted shall also be published as a notice of intended action as provided in Code section 17A.4, subsection 1.
   The bill strikes the repeal of Code chapter 124D (medical cannabidiol Act) before the repeal becomes effective July 1, 2017.