Senate File 2360 H-8343 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 . 124.401G Medical 5 cannabidiol —— affirmative defense. 6 1. In a prosecution for the unlawful possession 7 of marijuana under the laws of this state, it is an 8 affirmative and complete defense to the prosecution 9 that a patient has been diagnosed with intractable 10 epilepsy and used or possessed medical cannabidiol to 11 treat or alleviate symptoms of intractable epilepsy. 12 2. In a prosecution for the unlawful possession 13 of marijuana under the laws of this state, it is an 14 affirmative and complete defense to the prosecution 15 that the person possessed medical cannabidiol because 16 the person is a primary caregiver of a patient who 17 has been diagnosed with intractable epilepsy, where 18 the primary caregiver’s possession of the medical 19 cannabidiol is on behalf of the patient and for the 20 patient’s use only. 21 3. a. For purposes of this section, “ primary 22 caregiver” means a person, at least eighteen years of 23 age, who has been designated by a patient’s neurologist 24 or a person having custody of a patient, as being 25 necessary to take responsibility for managing the 26 well-being of the patient with respect to the medical 27 use of cannabidiol. A patient may have one or more 28 designated primary caregivers. 29 b. “Primary caregiver” includes but is not limited 30 to the following: 31 (1) An employee of a hospice program, if the 32 employee meets the definition of a primary caregiver 33 under paragraph “a” . 34 (2) An individual providing home and 35 community-based services, and including a home health 36 agency, licensed, certified, or otherwise authorized 37 or permitted by the law of this state or another state 38 to administer health care in the ordinary course of 39 business or in the practice of a profession, if the 40 individual meets the definition of a primary caregiver 41 under paragraph “a” . 42 4. This section is repealed July 1, 2017. > 43 2. Title page, by striking lines 1 and 2 and 44 inserting < An Act providing an affirmative defense for 45 the medical use of cannabidiol. > 46 ______________________________ ROGERS of Black Hawk -1- SF2360.4392 (1) 85 rh/rj 1/ 1 #1. #2.