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Senate File 2076

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.401, subsection 5, Code Supplement
  1  2 1999, is amended by adding the following new unnumbered
  1  3 paragraph:
  1  4    NEW UNNUMBERED PARAGRAPH.  It is lawful for a person to
  1  5 knowingly or intentionally possess marijuana if the possession
  1  6 is in accordance with the provisions of section 124.401G or
  1  7 124.511.
  1  8    Sec. 2.  NEW SECTION.  124.401G  MARIJUANA FOR THERAPEUTIC
  1  9 PURPOSES.
  1 10    Notwithstanding other provisions of law to the contrary,
  1 11 the following provisions apply to possession of marijuana for
  1 12 therapeutic purposes in accordance with this section or
  1 13 section 124.511.
  1 14    1.  It is lawful for a person who is eighteen years of age
  1 15 or older to knowingly or intentionally possess marijuana if
  1 16 any of the following circumstances exist:
  1 17    a.  The person possessing the marijuana was diagnosed by a
  1 18 physician as having glaucoma before the person was alleged to
  1 19 unlawfully possess the marijuana.
  1 20    b.  The person possessing the marijuana is being treated
  1 21 with chemotherapy or radiation therapy and has suffered from
  1 22 significant nausea or vomiting as a result of the treatment.
  1 23    c.  The person possessing the marijuana was diagnosed by a
  1 24 physician as having multiple sclerosis, hyperparathyroidism,
  1 25 nail patella syndrome, or acquired immune deficiency syndrome,
  1 26 and having symptoms of pain or spasms due to the diagnosed
  1 27 condition, before the person was alleged to unlawfully possess
  1 28 the marijuana.
  1 29    d.  The person possessing the marijuana has obtained the
  1 30 marijuana from a licensed physician or surgeon, osteopath,
  1 31 osteopathic physician or surgeon, or pharmacist and the
  1 32 marijuana is dispensed in accordance with section 147.107.
  1 33    2.  Possession of marijuana in accordance with this section
  1 34 or section 124.511 is an affirmative defense to a prosecution
  1 35 for possession of marijuana.
  2  1    3.  A person who possesses marijuana in accordance with
  2  2 this section or section 124.511 is not subject to the
  2  3 provisions of chapter 809 and 809A, relating to seizable and
  2  4 forfeitable property, based upon that possession.
  2  5    Sec. 3.  Section 124.506, subsection 2, Code 1999, is
  2  6 amended to read as follows:
  2  7    2.  Upon written application by the board, the court by
  2  8 whom the forfeiture of controlled substances has been decreed
  2  9 may order the delivery of any of them, except controlled
  2 10 substances listed in schedule I, to the board for distribution
  2 11 or destruction, as provided by this section or section
  2 12 124.511.
  2 13    Sec. 4.  NEW SECTION.  124.511  MARIJUANA THERAPEUTIC
  2 14 RESEARCH PROGRAM.
  2 15    1.  The general assembly finds that research has indicated
  2 16 that the use of marijuana may alleviate nausea and other side
  2 17 effects of chemotherapy and radiation therapy as well as some
  2 18 symptoms of glaucoma and other conditions with symptoms of
  2 19 pain, stress, spasms, nausea, or loss of appetite.  The
  2 20 general assembly finds that further research and strictly
  2 21 controlled experimentation regarding the therapeutic uses of
  2 22 marijuana is necessary and desirable.  The purpose of this
  2 23 section is to encourage this research and experimentation.
  2 24    2.  As used in this section, unless the context otherwise
  2 25 requires, "program" means the marijuana therapeutic research
  2 26 program established in this section.
  2 27    3.  A marijuana therapeutic research program is established
  2 28 under the board.  The board shall adopt rules for the proper
  2 29 administration of the program.  In adopting rules, the board
  2 30 shall consider pertinent rules adopted by the United States
  2 31 drug enforcement agency, United States food and drug
  2 32 administration, national institute on drug abuse, and any
  2 33 other applicable federal agency.
  2 34    4.  The board shall contract with the national institute on
  2 35 drug abuse for the receipt of marijuana under pertinent rules
  3  1 adopted by the national institute on drug abuse, the United
  3  2 States food and drug administration, and the United States
  3  3 drug enforcement administration.  However, if within a
  3  4 reasonable period of time, the board is unable to complete a
  3  5 contract with the national institute on drug abuse, the board
  3  6 shall apply to the court for delivery of marijuana under
  3  7 section 124.506.  The board may receive the confiscated
  3  8 marijuana and shall distribute it in accordance with this
  3  9 section.  Any marijuana received under this subsection shall
  3 10 be made free of impurities and analyzed for potency by the
  3 11 board.
  3 12    5.  The board shall deliver marijuana received under
  3 13 subsection 4 to appropriate licensed pharmacists designated by
  3 14 the board.  Any marijuana delivered to a pharmacist shall only
  3 15 be distributed to a patient pursuant to a written prescription
  3 16 of a licensed physician who is approved by the participation
  3 17 review committee established by this section.  A pharmacist
  3 18 designated by the board is not liable, except for intentional
  3 19 misconduct or gross negligence, in any civil action related to
  3 20 marijuana distributed to a patient in accordance with this
  3 21 section.
  3 22    6.  A participation review committee is established and
  3 23 staffing for the committee shall be provided by the board.
  3 24 The membership of the committee shall consist of three members
  3 25 appointed as follows:  a registered pharmacist appointed by
  3 26 the board of pharmacy examiners, a licensed physician who is
  3 27 board certified in ophthalmology or otorhinolaryngology
  3 28 appointed by the board of medical examiners, and a licensed
  3 29 physician who is board certified in internal medicine with a
  3 30 subspecialty certification in medical oncology appointed by
  3 31 the board of medical examiners.  Committee members shall serve
  3 32 at the pleasure of the appointing authority and are eligible
  3 33 for payment of per diem and reimbursement of actual and
  3 34 necessary expenses incurred while performing official duties.
  3 35 The committee shall have authority to review and approve
  4  1 physician applications to participate in the program.  The
  4  2 committee meetings to review applications shall be closed in
  4  3 the same manner as a meeting to discuss the contents of a
  4  4 licensing examination in accordance with section 21.5,
  4  5 subsection 1, paragraph "d".  Applicants must submit a twenty-
  4  6 five dollar fee with the application.
  4  7    7.  A physician approved by the participation review
  4  8 committee for participation in the program is authorized to
  4  9 prescribe marijuana for a patient under any of the following
  4 10 circumstances:
  4 11    a.  The patient is diagnosed as having glaucoma by the
  4 12 physician.
  4 13    b.  The patient is being treated with chemotherapy or
  4 14 radiation therapy and has suffered from significant nausea or
  4 15 vomiting as a result of the treatment.
  4 16    c.  The patient is diagnosed by a physician as having
  4 17 multiple sclerosis, hyperparathyroidism, nail patella
  4 18 syndrome, acquired immune deficiency syndrome, or other
  4 19 condition with symptoms of pain or spasms.
  4 20    8.  A physician approved by the participation review
  4 21 committee for participation in the program is expressly
  4 22 authorized to prescribe marijuana.  A patient for whom
  4 23 marijuana is prescribed by a physician approved to participate
  4 24 in the program is expressly authorized to possess marijuana.
  4 25 A registered pharmacist designated by the board under this
  4 26 section is expressly authorized to possess and distribute
  4 27 marijuana under this section.
  4 28    9.  Only the following persons shall have access to the
  4 29 name and other identifying characteristics of a patient for
  4 30 whom marijuana is prescribed under this section:
  4 31    a.  The board.
  4 32    b.  The attorney general or a designee of the attorney
  4 33 general.
  4 34    c.  A person directly connected with the program who has a
  4 35 legitimate need for the information.
  5  1    d.  A person for whom access has been specifically
  5  2 authorized by that patient.
  5  3    10.  The board and the participation review committee shall
  5  4 annually report findings and recommendations concerning the
  5  5 program to the governor and the general assembly.
  5  6    Sec. 5.  Section 453B.6, Code 1999, is amended by adding
  5  7 the following new unnumbered paragraph:
  5  8    NEW UNNUMBERED PARAGRAPH.  A person who is in possession of
  5  9 marijuana for medical purposes in accordance with section
  5 10 124.401G or 124.511 is in lawful possession of a taxable
  5 11 substance and is not subject to the requirements of this
  5 12 chapter.  
  5 13                           EXPLANATION
  5 14    This bill relates to the use of marijuana for therapeutic
  5 15 purposes by expressly authorizing its use for certain medical
  5 16 conditions and establishing a marijuana therapeutic research
  5 17 program.
  5 18    Code section 124.401, relating to prohibited acts involving
  5 19 controlled substances, is amended to provide that it is lawful
  5 20 to knowingly posses marijuana if the possession is in
  5 21 accordance with the provisions of the bill.
  5 22    New Code section 124.401G authorizes adult persons to
  5 23 possess marijuana under any of the following circumstances:
  5 24 the person was diagnosed as having glaucoma before being
  5 25 charged with unlawful possession; the person is being treated
  5 26 with chemotherapy or radiation therapy and has suffered from
  5 27 significant nausea or vomiting due to that treatment; the
  5 28 person was diagnosed as having any of the following illnesses:
  5 29 multiple sclerosis, hyperparathyroidism, nail patella
  5 30 syndrome, or acquired immune deficiency syndrome, and as
  5 31 having pain or spasms due to the illness; or the person
  5 32 obtained the marijuana in accordance with a legal
  5 33 prescription.  Possession in accordance with the bill's
  5 34 requirements is an affirmative defense to prosecution for
  5 35 possession of marijuana and such possession is not subject to
  6  1 Code chapter 809 and 809A, relating to seizable and
  6  2 forfeitable property.
  6  3    Code section 124.506, relating to disposal of controlled
  6  4 substances, is amended to allow the board of pharmacy
  6  5 examiners to apply to the court to take possession of
  6  6 confiscated controlled substances, except those listed in
  6  7 schedule I.  Upon taking possession, the board may either
  6  8 destroy the drugs or utilize them in the marijuana therapeutic
  6  9 research program.
  6 10    The therapeutic research program is created in new Code
  6 11 section 124.511.  The bill includes legislative findings as to
  6 12 the need for the program.  The program is to be administered
  6 13 by the board of pharmacy examiners.  The board is to consult
  6 14 with various federal bodies in implementing the program and to
  6 15 enter into a contract to receive illegal drugs from the
  6 16 national institute on drug abuse.  If unable to contract
  6 17 within a reasonable period, the board is to apply to the court
  6 18 to receive confiscated drugs.  The board is to establish a
  6 19 participation review committee to review and approve physician
  6 20 applications to participate in the program.  Approved
  6 21 physicians may legally prescribe the drug for the illnesses
  6 22 and medical conditions specified in the bill.  Physicians,
  6 23 pharmacists, and patients participating in the program are
  6 24 expressly authorized to prescribe, dispense, and possess
  6 25 marijuana.  The bill contains provisions to address
  6 26 confidentiality.  The board and the committee are to report
  6 27 annually to the governor and general assembly.
  6 28    Code section 453B.6, relating to tax stamps for controlled
  6 29 substances, is amended to specify that possession in
  6 30 accordance with the bill is lawful possession and a tax stamp
  6 31 is not required.  
  6 32 LSB 5283XS 78
  6 33 jp/gg/8.1
     

Text: SF02075                           Text: SF02077
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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