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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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