Senate File 2360 H-8375 Amend the amendment, H-8333, to Senate File 2360, as 1 passed by the Senate, as follows: 2 1. Page 1, by striking lines 1 through 39 and 3 inserting: 4 < Amend Senate File 2360, as passed by the Senate, as 5 follows: 6 1. By striking everything after the enacting clause 7 and inserting: 8 < Section 1. Section 124.401, subsection 5, Code 9 2014, is amended by adding the following new unnumbered 10 paragraph after unnumbered paragraph 2: 11 NEW UNNUMBERED PARAGRAPH . A person may knowingly 12 or intentionally recommend, possess, use, dispense, 13 deliver, transport, or administer cannabidiol if the 14 recommendation, possession, use, dispensing, delivery, 15 transporting, or administering is in accordance with 16 the provisions of chapter 124D. For purposes of this 17 paragraph, “cannabidiol” means the same as defined in 18 section 124D.2. 19 Sec. 2. NEW SECTION . 124D.1 Short title. 20 This chapter shall be known and may be cited as the 21 “Medical Cannabidiol Act” . 22 Sec. 3. NEW SECTION . 124D.2 Definitions. 23 As used in this chapter: 24 1. “Cannabidiol” means a nonpsychoactive 25 cannabinoid found in the plant Cannabis sativa L. 26 or Cannabis indica or any other preparation thereof 27 that is essentially free from plant material, and has 28 a tetrahydrocannabinol level of no more than three 29 percent. 30 2. “Department” means the department of public 31 health. 32 3. “ Intractable epilepsy” means an epileptic seizure 33 disorder for which standard medical treatment does 34 not prevent or significantly ameliorate recurring, 35 uncontrolled seizures or for which standard medical 36 treatment results in harmful side effects. 37 4. “Neurologist” means an allopathic or osteopathic 38 physician board-certified in neurology in good standing 39 and licensed under chapter 148 or an allopathic or 40 osteopathic physician board-certified in neurology in 41 good standing and licensed in any other state. 42 5. a. “Primary caregiver” means a person, at least 43 eighteen years of age, who has been designated by a 44 patient’s neurologist or a person having custody of a 45 patient, as being necessary to take responsibility for 46 managing the well-being of the patient with respect 47 to the medical use of cannabidiol pursuant to the 48 provisions of this chapter. A patient may have one or 49 more designated primary caregivers. 50 -1- H8333.4425 (2) 85 rh/rj 1/ 6 #1.

b. “Primary caregiver” includes but is not limited 1 to the following: 2 (1) An employee of a hospice program, if the 3 employee meets the definition of a primary caregiver 4 under paragraph “a” . 5 (2) An individual providing home and 6 community-based services, and including a home health 7 agency, licensed, certified, or otherwise authorized 8 or permitted by the law of this state or another state 9 to administer health care in the ordinary course of 10 business or in the practice of a profession, if the 11 individual meets the definition of a primary caregiver 12 under paragraph “a” . 13 Sec. 4. NEW SECTION . 124D.3 Neurologist 14 recommendation —— medical use of cannabidiol. 15 A neurologist who has examined and treated a patient 16 suffering from intractable epilepsy may provide but 17 has no duty to provide a written recommendation for 18 the patient’s medical use of cannabidiol to treat or 19 alleviate symptoms of intractable epilepsy if no other 20 satisfactory alternative treatment options exist for 21 the patient and all of the following conditions apply: 22 1. The patient is a permanent resident of this 23 state. 24 2. The neurologist or another neurologist has 25 treated the patient for intractable epilepsy for at 26 least six months. 27 3. The neurologist has tried alternative treatment 28 options that have not alleviated the patient’s 29 symptoms. 30 4. The neurologist determines the risks of 31 recommending the medical use of cannabidiol are 32 reasonable in light of the potential benefit for the 33 patient. 34 5. The neurologist maintains a patient treatment 35 plan. 36 Sec. 5. NEW SECTION . 124D.4 Cannabidiol 37 registration card. 38 1. Issuance to patient. The department may approve 39 the issuance of a cannabidiol registration card by the 40 department of transportation to a patient who: 41 a. Is at least eighteen years of age. 42 b. Is a permanent resident of this state. 43 c. Provides the department with a written 44 recommendation signed by a neurologist that the 45 patient may benefit from the medical use of cannabidiol 46 pursuant to section 124D.3. 47 d. Submits an application to the department, on a 48 form created by the department, in consultation with 49 the department of transportation, that contains all of 50 -2- H8333.4425 (2) 85 rh/rj 2/ 6

the following: 1 (1) The patient’s full name, Iowa residence 2 address, date of birth, and telephone number. 3 (2) A copy of the patient’s valid photo 4 identification. 5 (3) Full name, address, and telephone number of the 6 patient’s neurologist. 7 (4) Full name, residence address, date of birth, 8 and telephone number of each primary caregiver of the 9 patient, if any. 10 (5) Any other information required by rule. 11 2. Patient card contents. A cannabidiol 12 registration card issued to a patient by the department 13 of transportation pursuant to subsection 1 shall 14 contain, at a minimum, all of the following: 15 a. The patient’s full name, Iowa residence address, 16 and date of birth. 17 b. The patient’s photo. 18 c. The date of issuance and expiration date of the 19 registration card. 20 d. Any other information required by rule. 21 3. Issuance to primary caregiver. For a patient in 22 a primary caregiver’s care, the department may approve 23 the issuance of a cannabidiol registration card by the 24 department of transportation to the primary caregiver 25 who: 26 a. Is at least eighteen years of age. 27 b. Provides the department with a written 28 recommendation signed by a neurologist that a patient 29 in the primary caregiver’s care may benefit from the 30 medical use of cannabidiol pursuant to section 124D.3. 31 c. Submits an application to the department, on a 32 form created by the department, in consultation with 33 the department of transportation, that contains all of 34 the following: 35 (1) The primary caregiver’s full name, residence 36 address, date of birth, and telephone number. 37 (2) The patient’s full name. 38 (3) A copy of the primary caregiver’s valid photo 39 identification. 40 (4) Full name, address, and telephone number of the 41 patient’s neurologist. 42 (5) Any other information required by rule. 43 4. Primary caregiver card contents. A cannabidiol 44 registration card issued by the department of 45 transportation to a primary caregiver pursuant to 46 subsection 3 shall contain, at a minimum, all of the 47 following: 48 a. The primary caregiver’s full name, residence 49 address, and date of birth. 50 -3- H8333.4425 (2) 85 rh/rj 3/ 6

b. The primary caregiver’s photo. 1 c. The date of issuance and expiration date of the 2 registration card. 3 d. The full name of each patient in the primary 4 caregiver’s care. 5 e. Any other information required by rule. 6 5. Expiration date of card. A cannabidiol 7 registration card issued pursuant to this section shall 8 expire one year after the date of issuance and may be 9 renewed. 10 6. Card issuance —— department of transportation. 11 The department may enter into a chapter 28E agreement 12 with the department of transportation to facilitate the 13 issuance of a cannabidiol registration card pursuant to 14 subsections 1 and 3. 15 Sec. 6. NEW SECTION . 124D.5 Department duties —— 16 rules. 17 1. a. The department shall maintain a confidential 18 file of the names of each patient to or for whom the 19 department issues a cannabidiol registration card 20 and the name of each primary caregiver to whom the 21 department issues a cannabidiol registration card under 22 section 124D.4. 23 b. Individual names contained in the file shall be 24 confidential and shall not be subject to disclosure, 25 except as provided in subparagraph (1). 26 (1) Information in the confidential file maintained 27 pursuant to paragraph “a” may be released to the 28 following persons under the following circumstances: 29 (a) To authorized employees or agents of the 30 department and the department of transportation as 31 necessary to perform the duties of the department and 32 the department of transportation pursuant to this 33 chapter. 34 (b) To authorized employees of state or local 35 law enforcement agencies, but only for the purpose of 36 verifying that a person is lawfully in possession of a 37 cannabidiol registration card issued pursuant to this 38 chapter. 39 (2) Release of information pursuant to subparagraph 40 (1) shall be consistent with the federal Health 41 Insurance Portability and Accountability Act of 1996, 42 Pub. L. No. 104-191. 43 2. The department, in consultation with the 44 department of transportation, shall adopt rules to 45 administer this chapter which shall include but not 46 be limited to rules to establish the manner in which 47 the department shall consider applications for new and 48 renewal cannabidiol registration cards. 49 Sec. 7. NEW SECTION . 124D.6 Medical use of 50 -4- H8333.4425 (2) 85 rh/rj 4/ 6

cannabidiol —— affirmative defense. 1 1. a. A recommendation for the possession or use 2 of cannabidiol as authorized by this chapter shall be 3 provided exclusively by a neurologist for a patient who 4 has been diagnosed with intractable epilepsy. 5 b. Cannabidiol provided exclusively pursuant to the 6 recommendation of a neurologist shall be obtained from 7 an out-of-state source and shall only be recommended 8 for oral or transdermal administration. 9 c. A neurologist shall be the sole authorized 10 recommender as part of the treatment plan by the 11 neurologist of a patient diagnosed with intractable 12 epilepsy. A neurologist shall have the sole authority 13 to recommend the use or amount of cannabidiol, if any, 14 in the treatment plan of a patient diagnosed with 15 intractable epilepsy. 16 2. A neurologist, including any authorized agent 17 thereof, shall not be subject to prosecution for the 18 unlawful recommendation, possession, or administration 19 of marijuana under the laws of this state for 20 activities arising directly out of or directly related 21 to the recommendation or use of cannabidiol in the 22 treatment of a patient diagnosed with intractable 23 epilepsy. 24 3. a. In a prosecution for the unlawful possession 25 of marijuana under the laws of this state, including 26 but not limited to chapters 124 and 453B, it is an 27 affirmative and complete defense to the prosecution 28 that the patient has been diagnosed with intractable 29 epilepsy, used or possessed cannabidiol pursuant to a 30 recommendation by a neurologist as authorized under 31 this chapter, and, for a patient eighteen years of 32 age or older, is in possession of a valid cannabidiol 33 registration card. 34 b. In a prosecution for the unlawful possession 35 of marijuana under the laws of this state, including 36 but not limited to chapters 124 and 453B, it is an 37 affirmative and complete defense to the prosecution 38 that the person possessed cannabidiol because the 39 person is a primary caregiver of a patient who has 40 been diagnosed with intractable epilepsy and is in 41 possession of a valid cannabidiol registration card, 42 and where the primary caregiver’s possession of the 43 cannabidiol is on behalf of the patient and for the 44 patient’s use only as authorized under this chapter. 45 c. (1) The defenses afforded a patient under 46 paragraph “a” apply to a patient only if the quantity 47 of cannabidiol oil possessed by the patient does not 48 exceed thirty-two ounces. 49 (2) The defenses afforded a primary caregiver 50 -5- H8333.4425 (2) 85 rh/rj 5/ 6

under paragraph “b” apply to a primary caregiver only 1 if the quantity of cannabidiol oil possessed by the 2 primary caregiver does not exceed thirty-two ounces per 3 patient. 4 d. If a patient or primary caregiver is charged 5 with the commission of a crime and is not in possession 6 of the person’s cannabidiol registration card, any 7 charge or charges filed against the person shall be 8 dismissed by the court if the person produces to the 9 court at the person’s trial a cannabidiol registration 10 card issued to that person and valid at the time the 11 person was charged. 12 4. An agency of this state or a political 13 subdivision thereof, including any law enforcement 14 agency, shall not remove or initiate proceedings 15 to remove a patient under the age of eighteen from 16 the home of a parent based solely upon the parent’s 17 or patient’s possession or use of cannabidiol as 18 authorized under this chapter. 19 Sec. 8. NEW SECTION . 124D.7 Penalties. 20 A person who knowingly or intentionally possesses or 21 uses cannabidiol in violation of the requirements of 22 this chapter is subject to the penalties provided under 23 chapters 124 and 453B. 24 Sec. 9. NEW SECTION . 124D.8 Repeal. 25 This chapter is repealed July 1, 2017. 26 Sec. 10. STUDY. The university of Iowa school 27 of medicine shall establish and conduct a clinical 28 research study to determine the outcomes and results 29 of cannabidiol on patients diagnosed with intractable 30 epilepsy. The university shall submit its findings and 31 recommendations to the department of public health and 32 the general assembly on or before July 1, 2017. > 33 2. Title page, by striking line 2 and inserting 34 < penalties. >> 35 ______________________________ KLEIN of Washington -6- H8333.4425 (2) 85 rh/rj 6/ 6 #2.