Senate File 2152 - Introduced SENATE FILE 2152 BY BOLKCOM , GIDDENS , LYKAM , T. TAYLOR , R. TAYLOR , DOTZLER , WAHLS , JOCHUM , MATHIS , RAGAN , and CELSI A BILL FOR An Act relating to the medical cannabidiol Act. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5264XS (6) 88 ss/rh

S.F. 2152 DIVISION I 1 MEDICAL CANNABIDIOL ACT 2 Section 1. Section 124E.1, Code 2020, is amended to read as 3 follows: 4 124E.1 Short title. 5 This chapter shall be known and may be cited as the “Medical 6 Cannabidiol Cannabis Act” . 7 Sec. 2. Section 124E.2, subsection 2, Code 2020, is amended 8 by adding the following new paragraphs: 9 NEW PARAGRAPH . j. Glaucoma. 10 NEW PARAGRAPH . k. Hepatitis C. 11 NEW PARAGRAPH . l. Ehlers-Danlos syndrome. 12 NEW PARAGRAPH . m. Post-traumatic stress disorder. 13 NEW PARAGRAPH . n. Tourette’s syndrome. 14 NEW PARAGRAPH . o. Muscular dystrophy. 15 Sec. 3. Section 124E.2, subsections 5 and 6, Code 2020, are 16 amended to read as follows: 17 5. “Health care practitioner” means an individual licensed 18 under chapter 148 to practice medicine and surgery or 19 osteopathic medicine and surgery , a physician assistant 20 licensed under chapter 148C, a podiatric physician licensed 21 under chapter 149, an advanced registered nurse practitioner 22 licensed under chapter 152, or an advanced practice registered 23 nurse licensed under chapter 152E, who is a patient’s primary 24 care provider. “Health care practitioner” shall not include a 25 physician assistant licensed under chapter 148C or an advanced 26 registered nurse practitioner licensed pursuant to chapter 152 27 or 152E . 28 6. “Medical cannabidiol cannabis ” means any pharmaceutical 29 grade cannabinoid found in the plant Cannabis sativa L. or 30 Cannabis indica or any other preparation thereof that has 31 a tetrahydrocannabinol level of no more than three percent 32 and that is delivered in a form recommended by the medical 33 cannabidiol cannabis board, approved by the board of medicine, 34 and adopted by the department pursuant to rule. 35 -1- LSB 5264XS (6) 88 ss/rh 1/ 24

S.F. 2152 Sec. 4. Section 124E.4, subsection 1, unnumbered paragraph 1 1, Code 2020, is amended to read as follows: 2 Subject to subsection 7 , the department may approve the 3 issuance of issue a medical cannabidiol cannabis registration 4 card by the department of transportation to a patient who: 5 Sec. 5. Section 124E.4, subsection 1, paragraph d, 6 unnumbered paragraph 1, Code 2020, is amended to read as 7 follows: 8 Submits an application to the department, on a form created 9 by the department, in consultation with the department of 10 transportation, that contains all of the following: 11 Sec. 6. Section 124E.4, subsection 1, paragraph e, Code 12 2020, is amended to read as follows: 13 e. Submits a medical cannabidiol cannabis registration card 14 fee of one hundred twenty-five dollars to the department. If 15 the patient attests to receiving social security disability 16 benefits, supplemental security insurance payments, or being 17 enrolled in the medical assistance program, the fee shall be 18 twenty-five dollars. 19 Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph 20 1, Code 2020, is amended to read as follows: 21 A medical cannabidiol cannabis registration card issued 22 to a patient by the department of transportation pursuant to 23 subsection 1 shall contain, at a minimum, all of the following: 24 Sec. 8. Section 124E.4, subsection 3, unnumbered paragraph 25 1, Code 2020, is amended to read as follows: 26 For a patient in a primary caregiver’s care, subject to 27 subsection 7 , the department may approve the issuance of 28 issue a medical cannabidiol cannabis registration card by the 29 department of transportation to the primary caregiver who: 30 Sec. 9. Section 124E.4, subsection 3, paragraph b, 31 unnumbered paragraph 1, Code 2020, is amended to read as 32 follows: 33 Submits an application to the department, on a form created 34 by the department, in consultation with the department of 35 -2- LSB 5264XS (6) 88 ss/rh 2/ 24

S.F. 2152 transportation, that contains all of the following: 1 Sec. 10. Section 124E.4, subsection 4, unnumbered paragraph 2 1, Code 2020, is amended to read as follows: 3 A medical cannabidiol cannabis registration card issued 4 by the department of transportation to a primary caregiver 5 pursuant to subsection 3 shall contain, at a minimum, all of 6 the following: 7 Sec. 11. Section 124E.4, subsection 6, Code 2020, is amended 8 by striking the subsection. 9 Sec. 12. Section 124E.5, subsection 1, paragraph a, Code 10 2020, is amended to read as follows: 11 a. A medical cannabidiol cannabis board is created 12 consisting of eight practitioners representing the fields 13 of neurology, pain management, gastroenterology, oncology, 14 psychiatry, pediatrics, family medicine, and pharmacy, and one 15 representative from law enforcement , and three patients with 16 valid medical cannabis registration cards . 17 Sec. 13. Section 124E.5, subsection 4, Code 2020, is amended 18 to read as follows: 19 4. Recommendations made by the medical cannabidiol cannabis 20 board pursuant to subsection 3 , paragraphs “b” and “e” , shall 21 be made to the board of medicine department for consideration, 22 and if approved, shall be adopted by the board of medicine 23 department by rule. 24 Sec. 14. Section 124E.8, subsection 1, paragraph a, Code 25 2020, is amended to read as follows: 26 a. The department shall issue a request for proposals to 27 select and license by April 1, 2018 2021 , up to five seventeen 28 medical cannabidiol cannabis dispensaries to dispense medical 29 cannabidiol cannabis within this state consistent with the 30 provisions of this chapter and shall prioritize the approval 31 of licenses for new medical cannabis dispensaries in rural 32 communities . The department shall license new medical 33 cannabidiol cannabis dispensaries or relicense the existing 34 medical cannabidiol cannabis dispensaries by December 1 of each 35 -3- LSB 5264XS (6) 88 ss/rh 3/ 24

S.F. 2152 year. 1 Sec. 15. Section 124E.9, Code 2020, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 13. a. Except as otherwise provided 4 in paragraph “b” , a medical cannabis dispensary shall not 5 dispense more than a combined total of twenty-five grams of 6 tetrahydrocannabinol to a patient and the patient’s primary 7 caregiver in a ninety-day period. 8 b. The department shall adopt rules allowing the health 9 care practitioner who originally certified a patient to receive 10 a medical cannabis registration card to apply for, and the 11 medical cannabis board to expeditiously and efficiently grant, 12 a waiver to permit the patient and the patient’s primary 13 caregiver to receive more than a combined total of twenty-five 14 grams of tetrahydrocannabinol in a ninety-day period if the 15 health care practitioner submits documentation certifying all 16 of the following: 17 (1) The health care practitioner performed a physical 18 examination of the patient and has determined that twenty-five 19 grams of tetrahydrocannabinol per ninety-day period is not an 20 adequate amount to alleviate the patient’s debilitating medical 21 condition. 22 (2) The patient’s debilitating medical condition is a 23 terminal illness with a life expectancy of less than one year. 24 Sec. 16. Section 124E.11, subsection 1, paragraph b, 25 subparagraph (1), subparagraph divisions (a) and (c), Code 26 2020, are amended to read as follows: 27 (a) To authorized employees or agents of the department and 28 the department of transportation as necessary to perform the 29 duties of the department and the department of transportation 30 pursuant to this chapter . 31 (c) To authorized employees of a medical cannabidiol 32 cannabis dispensary, but only for the purpose purposes 33 of verifying that a person is lawfully in possession of 34 a medical cannabidiol cannabis registration card issued 35 -4- LSB 5264XS (6) 88 ss/rh 4/ 24

S.F. 2152 pursuant to this chapter and that a person has not purchased 1 tetrahydrocannabinol in excess of the amount authorized by this 2 chapter . 3 Sec. 17. Section 124E.11, subsection 2, paragraph c, Code 4 2020, is amended to read as follows: 5 c. Establish the form and quantity of medical cannabidiol 6 cannabis allowed to be dispensed to a patient or primary 7 caregiver pursuant to this chapter as appropriate to serve the 8 medical needs of patients with debilitating medical conditions, 9 subject to recommendation by the medical cannabidiol cannabis 10 board and approval by the board of medicine department . 11 Sec. 18. Section 124E.12, subsection 7, Code 2020, is 12 amended to read as follows: 13 7. Notwithstanding any law to the contrary, the department, 14 the department of transportation, the governor, or any employee 15 of any state agency shall not be held civilly or criminally 16 liable for any injury, loss of property, personal injury, or 17 death caused by any act or omission while acting within the 18 scope of office or employment as authorized under this chapter . 19 Sec. 19. TRANSITION PROVISIONS. A medical cannabidiol 20 registration card issued prior to July 1, 2020, remains 21 effective and continues in effect as issued for the 22 twelve-month period following its issuance. 23 DIVISION II 24 CONFORMING CHANGES 25 Sec. 20. Section 124.401, subsection 5, unnumbered 26 paragraph 3, Code 2020, is amended to read as follows: 27 A person may knowingly or intentionally recommend, possess, 28 use, dispense, deliver, transport, or administer cannabidiol 29 medical cannabis if the recommendation, possession, use, 30 dispensing, delivery, transporting, or administering is in 31 accordance with the provisions of chapter 124E . For purposes 32 of this paragraph, “cannabidiol” “medical cannabis” means the 33 same as defined in section 124E.2 . 34 Sec. 21. Section 124E.2, subsection 7, Code 2020, is amended 35 -5- LSB 5264XS (6) 88 ss/rh 5/ 24

S.F. 2152 to read as follows: 1 7. “Primary caregiver” means a person who is a resident of 2 this state or a bordering state as defined in section 331.910 , 3 including but not limited to a parent or legal guardian, at 4 least eighteen years of age, who has been designated by a 5 patient’s health care practitioner as a necessary caretaker 6 taking responsibility for managing the well-being of the 7 patient with respect to the use of medical cannabidiol cannabis 8 pursuant to the provisions of this chapter . 9 Sec. 22. Section 124E.3, subsection 1, Code 2020, is amended 10 to read as follows: 11 1. Prior to a patient’s submission of an application for 12 a medical cannabidiol cannabis registration card pursuant to 13 section 124E.4 , a health care practitioner shall do all of the 14 following: 15 a. Determine, in the health care practitioner’s medical 16 judgment, whether the patient whom the health care practitioner 17 has examined and treated suffers from a debilitating medical 18 condition that qualifies for the use of medical cannabidiol 19 cannabis under this chapter , and if so determined, provide the 20 patient with a written certification of that diagnosis. 21 b. Provide explanatory information as provided by the 22 department to the patient about the therapeutic use of medical 23 cannabidiol cannabis and the possible risks, benefits, and side 24 effects of the proposed treatment. 25 Sec. 23. Section 124E.4, subsection 1, paragraph e, Code 26 2020, is amended to read as follows: 27 e. Submits a medical cannabidiol cannabis registration card 28 fee of one hundred dollars to the department. If the patient 29 attests to receiving social security disability benefits, 30 supplemental security insurance payments, or being enrolled in 31 the medical assistance program, the fee shall be twenty-five 32 dollars. 33 Sec. 24. Section 124E.4, subsection 2, paragraph c, Code 34 2020, is amended to read as follows: 35 -6- LSB 5264XS (6) 88 ss/rh 6/ 24

S.F. 2152 c. The date of issuance and expiration date of the medical 1 cannabidiol cannabis registration card. 2 Sec. 25. Section 124E.4, subsection 3, paragraph d, Code 3 2020, is amended to read as follows: 4 d. Submits a medical cannabidiol cannabis registration card 5 fee of twenty-five dollars to the department. 6 Sec. 26. Section 124E.4, subsection 4, paragraph d, Code 7 2020, is amended to read as follows: 8 d. The medical cannabidiol cannabis registration card 9 number of each patient in the primary caregiver’s care. If 10 the patient in the primary caregiver’s care is under the age 11 of eighteen, the full name of the patient’s parent or legal 12 guardian. 13 Sec. 27. Section 124E.4, subsections 5 and 7, Code 2020, are 14 amended to read as follows: 15 5. Expiration date of card. A medical cannabidiol cannabis 16 registration card issued pursuant to this section shall expire 17 one year after the date of issuance and may be renewed. 18 7. Federally approved clinical trials. The department shall 19 not approve the issuance of a medical cannabidiol cannabis 20 registration card pursuant to this section for a patient who 21 is enrolled in a federally approved clinical trial for the 22 treatment of a debilitating medical condition with medical 23 cannabidiol cannabis . 24 Sec. 28. Section 124E.5, subsection 1, paragraph b, Code 25 2020, is amended to read as follows: 26 b. The practitioners shall be licensed in this state and 27 nationally board-certified in their area of specialty and 28 knowledgeable about the use of medical cannabidiol cannabis . 29 Sec. 29. Section 124E.5, subsections 2, 3, and 5, Code 2020, 30 are amended to read as follows: 31 2. The medical cannabidiol cannabis board shall convene at 32 least twice but no more than four times per year. 33 3. The duties of the medical cannabidiol cannabis board 34 shall include but not be limited to the following: 35 -7- LSB 5264XS (6) 88 ss/rh 7/ 24

S.F. 2152 a. Accepting and reviewing petitions to add medical 1 conditions, medical treatments, or debilitating diseases to the 2 list of debilitating medical conditions for which the medical 3 use of cannabidiol cannabis would be medically beneficial under 4 this chapter . 5 b. Making recommendations relating to the removal or 6 addition of debilitating medical conditions to the list 7 of allowable debilitating medical conditions for which the 8 medical use of cannabidiol cannabis under this chapter would 9 be medically beneficial. 10 c. Working with the department regarding the requirements 11 for the licensure of medical cannabidiol cannabis manufacturers 12 and medical cannabidiol cannabis dispensaries, including 13 licensure procedures. 14 d. Advising the department regarding the location of medical 15 cannabidiol cannabis manufacturers and medical cannabidiol 16 cannabis dispensaries throughout the state. 17 e. Making recommendations relating to the form and quantity 18 of allowable medical uses of cannabidiol cannabis . 19 5. On or before January 1 of each year, beginning January 20 1, 2018, the medical cannabidiol cannabis board shall submit a 21 report detailing the activities of the board. 22 Sec. 30. Section 124E.6, Code 2020, is amended to read as 23 follows: 24 124E.6 Medical cannabidiol cannabis manufacturer licensure. 25 1. a. The department shall issue a request for proposals 26 to select and license by December 1, 2017, up to two medical 27 cannabidiol cannabis manufacturers to manufacture and to 28 possess, cultivate, harvest, transport, package, process, 29 or supply medical cannabidiol cannabis within this state 30 consistent with the provisions of this chapter . The department 31 shall license new medical cannabidiol cannabis manufacturers 32 or relicense the existing medical cannabidiol cannabis 33 manufacturers by December 1 of each year. 34 b. Information submitted during the application process 35 -8- LSB 5264XS (6) 88 ss/rh 8/ 24

S.F. 2152 shall be confidential until a medical cannabidiol cannabis 1 manufacturer is licensed by the department unless otherwise 2 protected from disclosure under state or federal law. 3 2. As a condition for licensure, a medical cannabidiol 4 cannabis manufacturer must agree to begin supplying medical 5 cannabidiol cannabis to medical cannabidiol cannabis 6 dispensaries in this state no later than December 1, 2018. 7 3. The department shall consider the following factors in 8 determining whether to select and license a medical cannabidiol 9 cannabis manufacturer: 10 a. The technical expertise of the medical cannabidiol 11 cannabis manufacturer regarding medical cannabidiol cannabis . 12 b. The qualifications of the medical cannabidiol cannabis 13 manufacturer’s employees. 14 c. The long-term financial stability of the medical 15 cannabidiol cannabis manufacturer. 16 d. The ability to provide appropriate security measures on 17 the premises of the medical cannabidiol cannabis manufacturer. 18 e. Whether the medical cannabidiol cannabis manufacturer 19 has demonstrated an ability to meet certain medical cannabidiol 20 cannabis production needs for medical use regarding the range 21 of recommended dosages for each debilitating medical condition, 22 the range of chemical compositions of any plant of the genus 23 cannabis that will likely be medically beneficial for each 24 of the debilitating medical conditions, and the form of the 25 medical cannabidiol cannabis in the manner determined by the 26 department pursuant to rule. 27 f. The medical cannabidiol cannabis manufacturer’s 28 projection of and ongoing assessment of fees on patients with 29 debilitating medical conditions. 30 4. The department shall require each medical cannabidiol 31 cannabis manufacturer to contract with the state hygienic 32 laboratory at the university of Iowa in Iowa City or an 33 independent medical cannabidiol cannabis testing laboratory to 34 perform spot-check testing of the medical cannabidiol cannabis 35 -9- LSB 5264XS (6) 88 ss/rh 9/ 24

S.F. 2152 produced by the manufacturer as provided in section 124E.7 . 1 The department shall require that the laboratory report testing 2 results to the manufacturer in a manner determined by the 3 department pursuant to rule. 4 5. Each entity submitting an application for licensure 5 as a medical cannabidiol cannabis manufacturer shall pay a 6 nonrefundable application fee of seven thousand five hundred 7 dollars to the department. 8 Sec. 31. Section 124E.7, Code 2020, is amended to read as 9 follows: 10 124E.7 Medical cannabidiol cannabis manufacturers. 11 1. A medical cannabidiol cannabis manufacturer shall 12 contract with the state hygienic laboratory at the university 13 of Iowa in Iowa City or an independent medical cannabidiol 14 cannabis testing laboratory to perform spot-check testing of 15 the medical cannabidiol cannabis manufactured by the medical 16 cannabidiol cannabis manufacturer as to content, contamination, 17 and consistency. The cost of all laboratory testing shall be 18 paid by the medical cannabidiol cannabis manufacturer. 19 2. The operating documents of a medical cannabidiol 20 cannabis manufacturer shall include all of the following: 21 a. Procedures for the oversight of the medical cannabidiol 22 cannabis manufacturer and procedures to ensure accurate 23 recordkeeping. 24 b. Procedures for the implementation of appropriate security 25 measures to deter and prevent the theft of medical cannabidiol 26 cannabis and unauthorized entrance into areas containing 27 medical cannabidiol cannabis . 28 3. A medical cannabidiol cannabis manufacturer shall 29 implement security requirements, including requirements for 30 protection of each location by a fully operational security 31 alarm system, facility access controls, perimeter intrusion 32 detection systems, and a personnel identification system. 33 4. A medical cannabidiol cannabis manufacturer shall 34 not share office space with, refer patients to, or have any 35 -10- LSB 5264XS (6) 88 ss/rh 10/ 24

S.F. 2152 financial relationship with a health care practitioner. 1 5. A medical cannabidiol cannabis manufacturer shall not 2 permit any person to consume medical cannabidiol cannabis on 3 the property of the medical cannabidiol cannabis manufacturer. 4 6. A medical cannabidiol cannabis manufacturer is subject 5 to reasonable inspection by the department. 6 7. A medical cannabidiol cannabis manufacturer shall not 7 employ a person who is under eighteen years of age or who has 8 been convicted of a disqualifying felony offense. An employee 9 of a medical cannabidiol cannabis manufacturer shall be subject 10 to a background investigation conducted by the division of 11 criminal investigation of the department of public safety and a 12 national criminal history background check pursuant to section 13 124E.19 . 14 8. A medical cannabidiol cannabis manufacturer owner shall 15 not have been convicted of a disqualifying felony offense and 16 shall be subject to a background investigation conducted by 17 the division of criminal investigation of the department of 18 public safety and a national criminal history background check 19 pursuant to section 124E.19 . 20 9. A medical cannabidiol cannabis manufacturer shall not 21 operate at the same physical location as a medical cannabidiol 22 cannabis dispensary. 23 10. A medical cannabidiol cannabis manufacturer shall not 24 operate in any location, whether for manufacturing, possessing, 25 cultivating, harvesting, transporting, packaging, processing, 26 or supplying, within one thousand feet of a public or private 27 school existing before the date of the medical cannabidiol 28 cannabis manufacturer’s licensure by the department. 29 11. A medical cannabidiol cannabis manufacturer shall 30 comply with reasonable restrictions set by the department 31 relating to signage, marketing, display, and advertising of 32 medical cannabidiol cannabis . 33 12. a. A medical cannabidiol cannabis manufacturer shall 34 provide a reliable and ongoing supply of medical cannabidiol 35 -11- LSB 5264XS (6) 88 ss/rh 11/ 24

S.F. 2152 cannabis to medical cannabidiol cannabis dispensaries pursuant 1 to this chapter . 2 b. All manufacturing, cultivating, harvesting, packaging, 3 and processing of medical cannabidiol cannabis shall take place 4 in an enclosed, locked facility at a physical address provided 5 to the department during the licensure process. 6 c. A medical cannabidiol cannabis manufacturer shall not 7 manufacture edible medical cannabidiol cannabis products. 8 Sec. 32. Section 124E.8, subsection 1, paragraph b, Code 9 2020, is amended to read as follows: 10 b. Information submitted during the application process 11 shall be confidential until a medical cannabidiol cannabis 12 dispensary is licensed by the department unless otherwise 13 protected from disclosure under state or federal law. 14 Sec. 33. Section 124E.8, subsections 2, 3, and 4, Code 2020, 15 are amended to read as follows: 16 2. As a condition for licensure, a medical cannabidiol 17 cannabis dispensary must agree to begin supplying medical 18 cannabidiol cannabis to patients by December 1, 2018. 19 3. The department shall consider the following factors in 20 determining whether to select and license a medical cannabidiol 21 cannabis dispensary: 22 a. The technical expertise of the medical cannabidiol 23 cannabis dispensary regarding medical cannabidiol cannabis . 24 b. The qualifications of the medical cannabidiol cannabis 25 dispensary’s employees. 26 c. The long-term financial stability of the medical 27 cannabidiol cannabis dispensary. 28 d. The ability to provide appropriate security measures on 29 the premises of the medical cannabidiol cannabis dispensary. 30 e. The medical cannabidiol dispensary’s projection and 31 ongoing assessment of fees for the purchase of medical 32 cannabidiol cannabis on patients with debilitating medical 33 conditions. 34 4. Each entity submitting an application for licensure 35 -12- LSB 5264XS (6) 88 ss/rh 12/ 24

S.F. 2152 as a medical cannabidiol cannabis dispensary shall pay a 1 nonrefundable application fee of five thousand dollars to the 2 department. 3 Sec. 34. Section 124E.9, Code 2020, is amended to read as 4 follows: 5 124E.9 Medical cannabidiol cannabis dispensaries. 6 1. a. The medical cannabidiol cannabis dispensaries shall 7 be located based on geographical need throughout the state to 8 improve patient access. 9 b. A medical cannabidiol cannabis dispensary may dispense 10 medical cannabidiol cannabis pursuant to the provisions of this 11 chapter but shall not dispense any medical cannabidiol cannabis 12 in a form or quantity other than the form or quantity allowed 13 by the department pursuant to rule. 14 2. The operating documents of a medical cannabidiol 15 cannabis dispensary shall include all of the following: 16 a. Procedures for the oversight of the medical cannabidiol 17 cannabis dispensary and procedures to ensure accurate 18 recordkeeping. 19 b. Procedures for the implementation of appropriate security 20 measures to deter and prevent the theft of medical cannabidiol 21 cannabis and unauthorized entrance into areas containing 22 medical cannabidiol cannabis . 23 3. A medical cannabidiol cannabis dispensary shall 24 implement security requirements, including requirements for 25 protection by a fully operational security alarm system, 26 facility access controls, perimeter intrusion detection 27 systems, and a personnel identification system. 28 4. A medical cannabidiol cannabis dispensary shall not 29 share office space with, refer patients to, or have any 30 financial relationship with a health care practitioner. 31 5. A medical cannabidiol cannabis dispensary shall not 32 permit any person to consume medical cannabidiol cannabis on 33 the property of the medical cannabidiol cannabis dispensary. 34 6. A medical cannabidiol cannabis dispensary is subject to 35 -13- LSB 5264XS (6) 88 ss/rh 13/ 24

S.F. 2152 reasonable inspection by the department. 1 7. A medical cannabidiol cannabis dispensary shall not 2 employ a person who is under eighteen years of age or who has 3 been convicted of a disqualifying felony offense. An employee 4 of a medical cannabidiol cannabis dispensary shall be subject 5 to a background investigation conducted by the division of 6 criminal investigation of the department of public safety and a 7 national criminal history background check pursuant to section 8 124E.19 . 9 8. A medical cannabidiol cannabis dispensary owner shall 10 not have been convicted of a disqualifying felony offense and 11 shall be subject to a background investigation conducted by 12 the division of criminal investigation of the department of 13 public safety and a national criminal history background check 14 pursuant to section 124E.19 . 15 9. A medical cannabidiol cannabis dispensary shall not 16 operate at the same physical location as a medical cannabidiol 17 cannabis manufacturer. 18 10. A medical cannabidiol cannabis dispensary shall not 19 operate in any location within one thousand feet of a public 20 or private school existing before the date of the medical 21 cannabidiol cannabis dispensary’s licensure by the department. 22 11. A medical cannabidiol cannabis dispensary shall comply 23 with reasonable restrictions set by the department relating 24 to signage, marketing, display, and advertising of medical 25 cannabidiol cannabis . 26 12. Prior to dispensing of any medical cannabidiol 27 cannabis , a medical cannabidiol cannabis dispensary shall do 28 all of the following: 29 a. Verify that the medical cannabidiol cannabis dispensary 30 has received a valid medical cannabidiol cannabis registration 31 card from a patient or a patient’s primary caregiver, if 32 applicable. 33 b. Assign a tracking number to any medical cannabidiol 34 cannabis dispensed from the medical cannabidiol cannabis 35 -14- LSB 5264XS (6) 88 ss/rh 14/ 24

S.F. 2152 dispensary. 1 c. Properly package medical cannabidiol cannabis in 2 compliance with federal law regarding child resistant packaging 3 and exemptions for packaging for elderly patients, and 4 label medical cannabidiol cannabis with a list of all active 5 ingredients and individually identifying information. 6 Sec. 35. Section 124E.10, Code 2020, is amended to read as 7 follows: 8 124E.10 Fees. 9 All fees collected by the department under this chapter 10 shall be retained by the department for operation of the 11 medical cannabidiol cannabis registration card program and 12 the medical cannabidiol cannabis manufacturer and medical 13 cannabidiol cannabis dispensary licensing programs. The moneys 14 retained by the department shall be considered repayment 15 receipts as defined in section 8.2 and shall be used for any of 16 the department’s duties under this chapter , including but not 17 limited to the addition of full-time equivalent positions for 18 program services and investigations. Notwithstanding section 19 8.33 , moneys retained by the department pursuant to this 20 section shall not revert to the general fund of the state but 21 shall remain available for expenditure only for the purposes 22 specified in this section . 23 Sec. 36. Section 124E.11, subsection 1, paragraph a, Code 24 2020, is amended to read as follows: 25 a. The department shall maintain a confidential file of the 26 names of each patient to or for whom the department issues a 27 medical cannabidiol cannabis registration card and the name of 28 each primary caregiver to whom the department issues a medical 29 cannabidiol cannabis registration card under section 124E.4 . 30 Sec. 37. Section 124E.11, subsection 1, paragraph b, 31 subparagraph (1), subparagraph divisions (b) and (d), Code 32 2020, are amended to read as follows: 33 (b) To authorized employees of law enforcement agencies 34 of a state or political subdivision thereof, but only for the 35 -15- LSB 5264XS (6) 88 ss/rh 15/ 24

S.F. 2152 purpose of verifying that a person is lawfully in possession 1 of a medical cannabidiol cannabis registration card issued 2 pursuant to this chapter . 3 (d) To any other authorized persons recognized by the 4 department by rule, but only for the purpose of verifying that 5 a person is lawfully in possession of a medical cannabidiol 6 cannabis registration card issued pursuant to this chapter . 7 Sec. 38. Section 124E.11, subsection 2, paragraphs a, b, d, 8 e, f, g, h, and i, Code 2020, are amended to read as follows: 9 a. Govern the manner in which the department shall consider 10 applications for new and renewal medical cannabidiol cannabis 11 registration cards. 12 b. Ensure that the medical cannabidiol cannabis registration 13 card program operates on a self-sustaining basis. 14 d. Establish requirements for the licensure of medical 15 cannabidiol cannabis manufacturers and medical cannabidiol 16 cannabis dispensaries and set forth procedures for medical 17 cannabidiol cannabis manufacturers and medical cannabidiol 18 cannabis dispensaries to obtain licenses. 19 e. Develop a dispensing system for medical cannabidiol 20 cannabis within this state that provides for all of the 21 following: 22 (1) Medical cannabidiol cannabis dispensaries within this 23 state housed on secured grounds and operated by licensed 24 medical cannabidiol cannabis dispensaries. 25 (2) The dispensing of medical cannabidiol cannabis to 26 patients and their primary caregivers to occur at locations 27 designated by the department. 28 f. Establish and collect annual fees from medical 29 cannabidiol cannabis manufacturers and medical cannabidiol 30 cannabis dispensaries to cover the costs associated with 31 regulating and inspecting medical cannabidiol cannabis 32 manufacturers and medical cannabidiol cannabis dispensaries. 33 g. Specify and implement procedures that address public 34 safety including security procedures and product quality 35 -16- LSB 5264XS (6) 88 ss/rh 16/ 24

S.F. 2152 including measures to ensure contaminant-free cultivation of 1 medical cannabidiol cannabis , safety, and labeling. 2 h. Establish and implement a real-time, statewide medical 3 cannabidiol cannabis registry management sale tracking system 4 that is available to medical cannabidiol cannabis dispensaries 5 on a twenty-four-hour-a-day, seven-day-a-week basis for the 6 purpose of verifying that a person is lawfully in possession 7 of a medical cannabidiol cannabis registration card issued 8 pursuant to this chapter and for tracking the date of the sale 9 and quantity of medical cannabidiol cannabis purchased by a 10 patient or a primary caregiver. 11 i. Establish and implement a medical cannabidiol cannabis 12 inventory and delivery tracking system to track medical 13 cannabidiol cannabis from production by a medical cannabidiol 14 cannabis manufacturer through dispensing at a medical 15 cannabidiol cannabis dispensary. 16 Sec. 39. Section 124E.12, subsections 1, 2, 3, 4, 5, 6, 8, 17 and 9, Code 2020, are amended to read as follows: 18 1. A health care practitioner, including any authorized 19 agent or employee thereof, shall not be subject to 20 prosecution for the unlawful certification, possession, or 21 administration of marijuana under the laws of this state for 22 activities arising directly out of or directly related to the 23 certification or use of medical cannabidiol cannabis in the 24 treatment of a patient diagnosed with a debilitating medical 25 condition as authorized by this chapter . 26 2. A medical cannabidiol cannabis manufacturer, including 27 any authorized agent or employee thereof, shall not be subject 28 to prosecution for manufacturing, possessing, cultivating, 29 harvesting, transporting, packaging, processing, or supplying 30 medical cannabidiol cannabis pursuant to this chapter . 31 3. A medical cannabidiol cannabis dispensary, including 32 any authorized agent or employee thereof, shall not be subject 33 to prosecution for dispensing medical cannabidiol cannabis 34 pursuant to this chapter . 35 -17- LSB 5264XS (6) 88 ss/rh 17/ 24

S.F. 2152 4. a. In a prosecution for the unlawful possession of 1 marijuana under the laws of this state for the possession 2 of medical cannabidiol cannabis , including but not limited 3 to chapters 124 and 453B , it is an affirmative and complete 4 defense to the prosecution that the patient has been diagnosed 5 with a debilitating medical condition, used or possessed 6 medical cannabidiol cannabis pursuant to a certification by a 7 health care practitioner as authorized under this chapter , and, 8 for a patient eighteen years of age or older, is in possession 9 of a valid medical cannabidiol cannabis registration card 10 issued pursuant to this chapter . 11 b. In a prosecution for the unlawful possession of marijuana 12 under the laws of this state for the possession of medical 13 cannabidiol cannabis , including but not limited to chapters 14 124 and 453B , it is an affirmative and complete defense to 15 the prosecution that the person possessed medical cannabidiol 16 cannabis because the person is a primary caregiver of a patient 17 who has been diagnosed with a debilitating medical condition 18 and is in possession of a valid medical cannabidiol cannabis 19 registration card issued pursuant to this chapter , and where 20 the primary caregiver’s possession of the medical cannabidiol 21 cannabis is on behalf of the patient and for the patient’s use 22 only as authorized under this chapter . 23 c. If a patient or primary caregiver is charged with 24 the unlawful possession of marijuana under the laws of this 25 state for the possession of medical cannabidiol cannabis , 26 including but not limited to chapters 124 and 453B , and is not 27 in possession of the person’s medical cannabidiol cannabis 28 registration card, any charge or charges filed against the 29 person for the possession of medical cannabidiol cannabis 30 shall be dismissed by the court if the person produces to the 31 court prior to or at the person’s trial a medical cannabidiol 32 cannabis registration card issued to that person and valid at 33 the time the person was charged. 34 5. An agency of this state or a political subdivision 35 -18- LSB 5264XS (6) 88 ss/rh 18/ 24

S.F. 2152 thereof, including any law enforcement agency, shall not remove 1 or initiate proceedings to remove a patient under the age 2 of eighteen from the home of a parent based solely upon the 3 parent’s or patient’s possession or use of medical cannabidiol 4 cannabis as authorized under this chapter . 5 6. The department, the department of transportation, 6 and any health care practitioner, including any authorized 7 agent or employee thereof, are not subject to any civil 8 or disciplinary penalties by the board of medicine or any 9 business, occupational, or professional licensing board 10 or entity, solely for activities conducted relating to a 11 patient’s possession or use of medical cannabidiol cannabis as 12 authorized under this chapter . Nothing in this section affects 13 a professional licensing board from taking action in response 14 to violations of any other section of law. 15 8. An attorney shall not be subject to disciplinary action 16 by the Iowa supreme court or attorney disciplinary board for 17 providing legal assistance to a patient, primary caregiver, or 18 others based upon a patient’s or primary caregiver’s possession 19 or use of medical cannabidiol cannabis as authorized under this 20 chapter . 21 9. Possession of a medical cannabidiol cannabis 22 registration card or an application for a medical cannabidiol 23 cannabis registration card by a person entitled to possess or 24 apply for a medical cannabidiol cannabis registration card 25 shall not constitute probable cause or reasonable suspicion, 26 and shall not be used to support a search of the person or 27 property of the person possessing or applying for the medical 28 cannabidiol cannabis registration card, or otherwise subject 29 the person or property of the person to inspection by any 30 governmental agency. 31 Sec. 40. Section 124E.13, Code 2020, is amended to read as 32 follows: 33 124E.13 Medical cannabidiol cannabis source. 34 Medical cannabidiol cannabis provided exclusively pursuant 35 -19- LSB 5264XS (6) 88 ss/rh 19/ 24