Senate File 2360 H-8337 Amend Senate File 2360, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. NEW SECTION . 124D.1 Definitions. 5 As used in this chapter: 6 1. “Bona fide physician-patient relationship” means 7 a relationship in which a neurologist has ongoing 8 responsibility for the assessment, care, and treatment 9 of a patient’s intractable epilepsy. 10 2. “Cannabidiol” means a nonpsychoactive 11 cannabinoid found in the plant Cannabis sativa L. or 12 any other preparation thereof that is free from plant 13 material, and has a tetrahydrocannabinol level of no 14 more than three percent. 15 3. “Intractable epilepsy” means an epileptic seizure 16 disorder from which a person suffers and which has not 17 responded to adequate trials of at least two seizure 18 medications in order to become and stay seizure free. 19 4. “Neurologist” means an allopathic physician or 20 osteopathic physician who is licensed under chapter 148 21 and is board-certified in neurology. 22 5. “Primary caregiver” means a person, at least 23 eighteen years of age, who has been designated by 24 a patient’s neurologist as being necessary to take 25 responsibility for managing the well-being of the 26 patient with respect to the medical use of cannabidiol 27 pursuant to the provisions of this chapter. A patient 28 may have one or more designated primary caregivers. 29 Sec. 2. NEW SECTION . 124D.2 Affirmative defenses. 30 1. In a prosecution for the unlawful possession 31 of marijuana under the laws of this state, it is 32 an affirmative defense that the defendant used or 33 possessed cannabidiol because the defendant suffers 34 from intractable epilepsy that has been diagnosed by 35 a neurologist with whom the defendant has a bona fide 36 physician-patient relationship and the cannabidiol is 37 likely to provide the defendant with therapeutic relief 38 from the intractable epilepsy. 39 2. In a prosecution for the unlawful possession 40 of marijuana under the laws of this state, it is an 41 affirmative defense that the defendant possessed 42 cannabidiol because the defendant is the primary 43 caregiver of a patient who was recommended cannabidiol 44 for therapeutic relief from intractable epilepsy by 45 a neurologist with whom the patient has a bona fide 46 physician-patient relationship. > 47 2. Title page, by striking lines 1 and 2 and 48 inserting < An Act relating to the use or possession of 49 medical cannabidiol. > 50 -1- SF2360.4378 (1) 85 rh/rj 1/ 2 #1.