Senate File 510 H-1379 Amend the amendment, H-1365, to Senate File 510, 1 as amended, passed, and reprinted by the Senate, as 2 follows: 3 1. Page 17, after line 5 by inserting: 4 < Sec. ___. Section 124.204, subsection 4, 5 paragraphs m and u, Code 2015, are amended by striking 6 the paragraphs. > 7 2. Page 18, after line 13 by inserting: 8 < Sec. ___. Section 124.204, subsection 7, Code 9 2015, is amended by striking the subsection. > 10 3. Page 20, after line 15 by inserting: 11 < Sec. ___. Section 124.206, subsection 7, Code 12 2015, is amended to read as follows: 13 7. Hallucinogenic substances. Unless specifically 14 excepted or unless listed in another schedule, any 15 material, compound, mixture, or preparation which 16 contains any quantity of the following substances , 17 or, for purposes of paragraphs “a” and “b” , which 18 contains any of its salts, isomers, or salts of isomers 19 whenever the existence of such salts, isomers, or salts 20 of isomers is possible within the specific chemical 21 designation (for purposes of this paragraph only, the 22 term “isomer” includes the optical, positional, and 23 geometric isomers) : 24 a. Marijuana when used for medicinal purposes 25 pursuant to rules of the board . 26 b. Tetrahydrocannabinols, meaning 27 tetrahydrocannabinols naturally contained in a 28 plant of the genus Cannabis (Cannabis plant) as well 29 as synthetic equivalents of the substances contained 30 in the Cannabis plant, or in the resinous extractives 31 of such plant, and synthetic substances, derivatives, 32 and their isomers with similar chemical structure and 33 pharmacological activity to those substances contained 34 in the plant, such as the following: 35 (1) 1 cis or trans tetrahydrocannabinol, and their 36 optical isomers. 37 (2) 6 cis or trans tetrahydrocannabinol, and their 38 optical isomers. 39 (3) 3,4 cis or trans tetrahydrocannabinol, and 40 their optical isomers. (Since nomenclature of these 41 substances is not internationally standardized, 42 compounds of these structures, regardless of numerical 43 designation of atomic positions covered.) 44 b. c. Nabilone [another name for 45 nabilone: (+-) - 46 trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 47 hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. > 48 4. Page 22, after line 47 by inserting: 49 < Sec. ___. Section 124.401, subsection 5, 50 -1- SF510.2102 (3) 86 rh/rn 1/ 18 #1. #2. #3. #4.

unnumbered paragraph 3, Code 2015, is amended to read 1 as follows: 2 A person may knowingly or intentionally recommend, 3 possess, use, dispense, deliver, transport, or 4 administer cannabidiol medical cannabis if the 5 recommendation, possession, use, dispensing, delivery, 6 transporting, or administering is in accordance with 7 the provisions of chapter 124D 124E . For purposes of 8 this paragraph, “cannabidiol” “medical cannabis” means 9 the same as defined in section 124D.2 124E.2 . > 10 5. Page 25, after line 19 by inserting: 11 < Sec. ___. NEW SECTION . 124E.1 Short title. 12 This chapter shall be known and may be cited as the 13 “Medical Cannabis Act” . 14 Sec. ___. NEW SECTION . 124E.2 Definitions. 15 As used in this chapter: 16 1. “Debilitating medical condition” means any of the 17 following: 18 a. Cancer. 19 b. Multiple sclerosis. 20 c. Epilepsy. 21 d. AIDS or HIV as defined in section 141A.1. 22 e. Glaucoma. 23 f. Hepatitis C. 24 g. Crohn’s disease or ulcerative colitis. 25 h. Amyotrophic lateral sclerosis. 26 i. Ehlers-danlos syndrome. 27 j. Post-traumatic stress disorder. 28 k. Severe, chronic pain caused by an underlying 29 medical condition that is not responsive to 30 conventional treatment or conventional treatment that 31 produces debilitating side effects. 32 l. Any other chronic or debilitating disease or 33 medical condition or its medical treatment approved by 34 the department pursuant to rule. 35 2. “Department” means the department of public 36 health. 37 3. “Disqualifying felony offense” means a violation 38 under federal or state law of a felony offense, which 39 has as an element the possession, use, or distribution 40 of a controlled substance, as defined in 21 U.S.C. 41 §802(6). 42 4. “Enclosed, locked facility” means a closet, room, 43 greenhouse, or other enclosed area equipped with locks 44 or other security devices that permit access only by a 45 cardholder. 46 5. “Health care practitioner” means an individual 47 licensed under chapter 148 to practice medicine 48 and surgery or osteopathic medicine and surgery, a 49 physician assistant licensed under chapter 148C, or 50 -2- SF510.2102 (3) 86 rh/rn 2/ 18 #5.

an advanced registered nurse practitioner licensed 1 pursuant to chapter 152 or 152E. 2 6. “Medical cannabis” means any species of the genus 3 cannabis plant, or any mixture or preparation of them, 4 including whole plant extracts and resins. 5 7. “Medical cannabis dispensary” means an entity 6 licensed under section 124E.8 that acquires medical 7 cannabis from a medical cannabis manufacturer in this 8 state for the purpose of dispensing medical cannabis in 9 this state pursuant to this chapter. 10 8. “Medical cannabis manufacturer” means an entity 11 licensed by the department to manufacture and to 12 possess, cultivate, transport, or supply medical 13 cannabis pursuant to the provisions of this chapter. 14 9. “Primary caregiver” means a person, at least 15 eighteen years of age, who has been designated by a 16 patient’s health care practitioner or a person having 17 custody of a patient, as a necessary caretaker taking 18 responsibility for managing the well-being of the 19 patient with respect to the use of medical cannabis 20 pursuant to the provisions of this chapter. 21 10. “Written certification” means a document signed 22 by a health care practitioner, with whom the patient 23 has established a patient-provider relationship, which 24 states that the patient has a debilitating medical 25 condition and identifies that condition and provides 26 any other relevant information. 27 Sec. ___. NEW SECTION . 124E.3 Health care 28 practitioner certification —— duties. 29 1. Prior to a patient’s submission of an 30 application for a medical cannabis card pursuant to 31 section 124E.4, a health care practitioner shall do all 32 of the following: 33 a. Determine, in the health care practitioner’s 34 medical judgment, whether the patient whom the health 35 care practitioner has examined and treated suffers from 36 a debilitating medical condition that qualifies for 37 the use of medical cannabis under this chapter, and 38 if so determined, provide the patient with a written 39 certification of that diagnosis. 40 b. Provide explanatory information as provided by 41 the department to the patient about the therapeutic use 42 of medical cannabis. 43 2. Determine, on an annual basis, if the patient 44 continues to suffer from a debilitating medical 45 condition and, if so, issue the patient a new 46 certification of that diagnosis. 47 3. Otherwise comply with all requirements 48 established by the department pursuant to rule. 49 4. A health care practitioner may provide, but has 50 -3- SF510.2102 (3) 86 rh/rn 3/ 18

no duty to provide, a written certification pursuant 1 to this section. 2 Sec. ___. NEW SECTION . 124E.4 Medical cannabis 3 registration card. 4 1. Issuance to patient. The department may approve 5 the issuance of a medical cannabis registration card by 6 the department of transportation to a patient who: 7 a. Is at least eighteen years of age. 8 b. Is a permanent resident of this state. 9 c. Submits a written certification to the 10 department signed by the patient’s health care 11 practitioner that the patient is suffering from a 12 debilitating medical condition. 13 d. Submits an application to the department, on a 14 form created by the department, in consultation with 15 the department of transportation, that contains all of 16 the following: 17 (1) The patient’s full name, Iowa residence 18 address, date of birth, and telephone number. 19 (2) A copy of the patient’s valid photo 20 identification. 21 (3) Full name, address, and telephone number of the 22 patient’s health care practitioner. 23 (4) Full name, residence address, date of birth, 24 and telephone number of each primary caregiver of the 25 patient, if any. 26 (5) Any other information required by rule. 27 e. Submits a medical cannabis registration card 28 fee of one hundred dollars to the department. If the 29 patient attests to receiving social security disability 30 benefits, supplemental security insurance payments, or 31 being enrolled in medical assistance, the fee shall be 32 twenty-five dollars. 33 2. Patient card contents. A medical cannabis 34 registration card issued to a patient by the department 35 of transportation pursuant to subsection 1 shall 36 contain, at a minimum, all of the following: 37 a. The patient’s full name, Iowa residence address, 38 and date of birth. 39 b. The patient’s photo. 40 c. The date of issuance and expiration date of the 41 registration card. 42 d. Any other information required by rule. 43 3. Issuance to primary caregiver. For a patient in 44 a primary caregiver’s care, the department may approve 45 the issuance of a medical cannabis registration card 46 by the department of transportation to the primary 47 caregiver who: 48 a. Is at least eighteen years of age. 49 b. Submits a written certification to the 50 -4- SF510.2102 (3) 86 rh/rn 4/ 18

department signed by the patient’s health care 1 practitioner that the patient in the primary 2 caregiver’s care is suffering from a debilitating 3 medical condition. 4 c. Submits an application to the department, on a 5 form created by the department, in consultation with 6 the department of transportation, that contains all of 7 the following: 8 (1) The primary caregiver’s full name, residence 9 address, date of birth, and telephone number. 10 (2) The patient’s full name. 11 (3) A copy of the primary caregiver’s valid photo 12 identification. 13 (4) Full name, address, and telephone number of the 14 patient’s health care practitioner. 15 (5) Any other information required by rule. 16 d. Submits a medical cannabis registration card fee 17 of twenty-five dollars to the department. 18 4. Primary caregiver card contents. A medical 19 cannabis registration card issued by the department 20 of transportation to a primary caregiver pursuant to 21 subsection 3 shall contain, at a minimum, all of the 22 following: 23 a. The primary caregiver’s full name, residence 24 address, and date of birth. 25 b. The primary caregiver’s photo. 26 c. The date of issuance and expiration date of the 27 registration card. 28 d. The registration card number of each patient 29 in the primary caregiver’s care. If the patient 30 in the primary caregiver’s care is under the age of 31 eighteen, the full name of the patient’s parent or 32 legal guardian. 33 e. Any other information required by rule. 34 5. Expiration date of card. A medical cannabis 35 registration card issued pursuant to this section shall 36 expire one year after the date of issuance and may be 37 renewed. 38 6. Card issuance —— department of 39 transportation. The department may enter into 40 a chapter 28E agreement with the department of 41 transportation to facilitate the issuance of medical 42 cannabis registration cards pursuant to subsections 1 43 and 3. 44 Sec. ___. NEW SECTION . 124E.5 Medical advisory 45 board —— duties. 46 1. No later than August 15, 2015, the director 47 of public health shall establish a medical advisory 48 board consisting of nine practitioners representing the 49 fields of neurology, pain management, gastroenterology, 50 -5- SF510.2102 (3) 86 rh/rn 5/ 18

oncology, psychiatry, pediatrics, infectious disease, 1 family medicine, and pharmacy, and three patients 2 with valid medical cannabis registration cards. The 3 practitioners shall be nationally board-certified in 4 their area of specialty and knowledgeable about the use 5 of medical cannabis. 6 2. A quorum of the advisory board shall consist of 7 seven members. 8 3. The duties of the advisory board shall include 9 but not be limited to the following: 10 a. Reviewing and recommending to the department for 11 approval additional chronic or debilitating diseases or 12 medical conditions or their treatments as debilitating 13 medical conditions that qualify for the use of medical 14 cannabis under this chapter. 15 b. Accepting and reviewing petitions to add chronic 16 or debilitating diseases or medical conditions or their 17 medical treatments to the list of debilitating medical 18 conditions that qualify for the use of medical cannabis 19 under this chapter. 20 c. Advising the department regarding the location 21 of medical cannabis dispensaries throughout the state, 22 the form and quantity of allowable medical cannabis to 23 be dispensed to a patient or primary caregiver, and the 24 general oversight of medical cannabis manufacturers and 25 medical cannabis dispensaries in this state. 26 d. Convening at least twice per year to conduct 27 public hearings and to evaluate petitions, which 28 shall be maintained as confidential personal health 29 information, to add chronic or debilitating diseases or 30 medical conditions or their medical treatments to the 31 list of debilitating medical conditions that qualify 32 for the use of medical cannabis under this chapter. 33 Sec. ___. NEW SECTION . 124E.6 Medical cannabis 34 manufacturer licensure. 35 1. a. The department shall license four medical 36 cannabis manufacturers to manufacture medical cannabis 37 within this state consistent with the provisions of 38 this chapter by December 1, 2015. The department shall 39 license new medical cannabis manufacturers or relicense 40 the existing medical cannabis manufacturers by December 41 1 of each year. 42 b. Information submitted during the application 43 process shall be confidential until the medical 44 cannabis manufacturer is licensed by the department 45 unless otherwise protected from disclosure under state 46 or federal law. 47 2. As a condition for licensure, a medical cannabis 48 manufacturer must agree to begin supplying medical 49 cannabis to medical cannabis dispensaries in this state 50 -6- SF510.2102 (3) 86 rh/rn 6/ 18

by July 1, 2016. 1 3. The department shall consider the following 2 factors in determining whether to license a medical 3 cannabis manufacturer: 4 a. The technical expertise of the medical cannabis 5 manufacturer in medical cannabis. 6 b. The qualifications of the medical cannabis 7 manufacturer’s employees. 8 c. The long-term financial stability of the medical 9 cannabis manufacturer. 10 d. The ability to provide appropriate security 11 measures on the premises of the medical cannabis 12 manufacturer. 13 e. Whether the medical cannabis manufacturer 14 has demonstrated an ability to meet certain medical 15 cannabis production needs for medical use regarding 16 the range of recommended dosages for each debilitating 17 medical condition, the range of chemical compositions 18 of any plant of the genus cannabis that will likely 19 be medically beneficial for each of the debilitating 20 medical conditions, and the form of the medical 21 cannabis in the manner determined by the department 22 pursuant to rule. 23 f. The medical cannabis manufacturer’s projection 24 of and ongoing assessment of fees on patients with 25 debilitating medical conditions. 26 4. The department shall require each medical 27 cannabis manufacturer to contract with the state 28 hygienic laboratory at the university of Iowa in Iowa 29 City to test the medical cannabis produced by the 30 manufacturer. The department shall require that the 31 laboratory report testing results to the manufacturer 32 in a manner determined by the department pursuant to 33 rule. 34 5. Each entity submitting an application for 35 licensure as a medical cannabis manufacturer shall pay 36 a nonrefundable application fee of seven thousand five 37 hundred dollars to the department. 38 Sec. ___. NEW SECTION . 124E.7 Medical cannabis 39 manufacturers. 40 1. A medical cannabis manufacturer shall contract 41 with the state hygienic laboratory at the university 42 of Iowa in Iowa City for purposes of testing the 43 medical cannabis manufactured by the medical cannabis 44 manufacturer as to content, contamination, and 45 consistency. The cost of all laboratory testing shall 46 be paid by the medical cannabis manufacturer. 47 2. The operating documents of a medical cannabis 48 manufacturer shall include all of the following: 49 a. Procedures for the oversight of the medical 50 -7- SF510.2102 (3) 86 rh/rn 7/ 18

cannabis manufacturer and procedures to ensure accurate 1 record keeping. 2 b. Procedures for the implementation of appropriate 3 security measures to deter and prevent the theft of 4 medical cannabis and unauthorized entrance into areas 5 containing medical cannabis. 6 3. A medical cannabis manufacturer shall implement 7 security requirements, including requirements for 8 protection of each location by a fully operational 9 security alarm system, facility access controls, 10 perimeter intrusion detection systems, and a personnel 11 identification system. 12 4. A medical cannabis manufacturer shall not share 13 office space with, refer patients to, or have any 14 financial relationship with a health care practitioner. 15 5. A medical cannabis manufacturer shall not permit 16 any person to consume medical cannabis on the property 17 of the medical cannabis manufacturer. 18 6. A medical cannabis manufacturer is subject to 19 reasonable inspection by the department. 20 7. A medical cannabis manufacturer shall not 21 employ a person under eighteen years of age or who has 22 been convicted of a disqualifying felony offense. An 23 employee of a medical cannabis manufacturer shall be 24 subject to a background investigation conducted by the 25 division of criminal investigation of the department 26 of public safety and a national criminal history 27 background check. 28 8. A medical cannabis manufacturer shall not 29 operate in any location, whether for manufacturing, 30 cultivating, harvesting, packaging, or processing, 31 within one thousand feet of a public or private school 32 existing before the date of the medical cannabis 33 manufacturer’s licensure by the department. 34 9. A medical cannabis manufacturer shall comply 35 with reasonable restrictions set by the department 36 relating to signage, marketing, display, and 37 advertising of medical cannabis. 38 10. a. A medical cannabis manufacturer shall 39 provide a reliable and ongoing supply of medical 40 cannabis to medical cannabis dispensaries pursuant to 41 this chapter. 42 b. All manufacturing, cultivating, harvesting, 43 packaging, and processing of medical cannabis shall 44 take place in an enclosed, locked facility at a 45 physical address provided to the department during the 46 licensure process. 47 c. A medical cannabis manufacturer shall not 48 manufacture edible medical cannabis products utilizing 49 food coloring. 50 -8- SF510.2102 (3) 86 rh/rn 8/ 18

Sec. ___. NEW SECTION . 124E.8 Medical cannabis 1 dispensary licensure. 2 1. a. The department shall license by April 1, 3 2016, twelve medical cannabis dispensaries to dispense 4 medical cannabis within this state consistent with 5 the provisions of this chapter. The department shall 6 license new medical cannabis dispensaries or relicense 7 the existing medical cannabis manufacturers by December 8 1 of each year. 9 b. Information submitted during the application 10 process shall be confidential until the medical 11 cannabis dispensary is licensed by the department 12 unless otherwise protected from disclosure under state 13 or federal law. 14 2. As a condition for licensure, a medical cannabis 15 dispensary must agree to begin supplying medical 16 cannabis to patients by July 1, 2016. 17 3. The department shall consider the following 18 factors in determining whether to license a medical 19 cannabis dispensary: 20 a. The technical expertise of the medical cannabis 21 dispensary regarding medical cannabis. 22 b. The qualifications of the medical cannabis 23 dispensary’s employees. 24 c. The long-term financial stability of the medical 25 cannabis dispensary. 26 d. The ability to provide appropriate security 27 measures on the premises of the medical cannabis 28 dispensary. 29 e. The medical cannabis dispensary’s projection 30 and ongoing assessment of fees for the purchase of 31 medical cannabis on patients with debilitating medical 32 conditions. 33 4. Each entity submitting an application for 34 licensure as a medical cannabis dispensary shall pay a 35 nonrefundable application fee of five thousand dollars 36 to the department. 37 Sec. ___. NEW SECTION . 124E.9 Medical cannabis 38 dispensaries. 39 1. a. The medical cannabis dispensaries shall be 40 located based on geographical need throughout the state 41 to improve patient access. 42 b. A medical cannabis dispensary may dispense 43 medical cannabis pursuant to the provisions of this 44 chapter but shall not dispense any medical cannabis 45 in a form or quantity other than the form or quantity 46 allowed by the department pursuant to rule. 47 2. The operating documents of a medical cannabis 48 dispensary shall include all of the following: 49 a. Procedures for the oversight of the medical 50 -9- SF510.2102 (3) 86 rh/rn 9/ 18

cannabis dispensary and procedures to ensure accurate 1 record keeping. 2 b. Procedures for the implementation of appropriate 3 security measures to deter and prevent the theft of 4 medical cannabis and unauthorized entrance into areas 5 containing medical cannabis. 6 3. A medical cannabis dispensary shall implement 7 security requirements, including requirements for 8 protection by a fully operational security alarm 9 system, facility access controls, perimeter intrusion 10 detection systems, and a personnel identification 11 system. 12 4. A medical cannabis dispensary shall not share 13 office space with, refer patients to, or have any 14 financial relationship with a health care practitioner. 15 5. A medical cannabis dispensary shall not permit 16 any person to consume medical cannabis on the property 17 of the medical cannabis dispensary. 18 6. A medical cannabis dispensary is subject to 19 reasonable inspection by the department. 20 7. A medical cannabis dispensary shall not employ 21 a person under eighteen years of age or who has been 22 convicted of a disqualifying felony offense. An 23 employee of a medical cannabis dispensary shall be 24 subject to a background investigation conducted by the 25 division of criminal investigation of the department 26 of public safety and a national criminal history 27 background check. 28 8. A medical cannabis dispensary shall not operate 29 in any location within one thousand feet of a public or 30 private school existing before the date of the medical 31 cannabis dispensary’s licensure by the department. 32 9. A medical cannabis dispensary shall comply with 33 reasonable restrictions set by the department relating 34 to signage, marketing, display, and advertising of 35 medical cannabis. 36 10. Prior to dispensing of any medical cannabis, 37 a medical cannabis dispensary shall do all of the 38 following: 39 a. Verify that the medical cannabis dispensary has 40 received a valid medical cannabis registration card 41 from a patient or a patient’s primary caregiver, if 42 applicable. 43 b. Assign a tracking number to any medical cannabis 44 dispensed from the medical cannabis dispensary. 45 c. (1) Properly package medical cannabis in 46 compliance with federal law regarding child resistant 47 packaging and exemptions for packaging for elderly 48 patients, and label medical cannabis with a list of 49 all active ingredients and individually identifying 50 -10- SF510.2102 (3) 86 rh/rn 10/ 18

information, including all of the following: 1 (a) The name and date of birth of the patient and 2 the patient’s primary caregiver, if appropriate. 3 (b) The medical cannabis registration card numbers 4 of the patient and the patient’s primary caregiver, if 5 applicable. 6 (c) The chemical composition of the medical 7 cannabis. 8 (2) Proper packaging of medical cannabis shall 9 include but not be limited to all of the following: 10 (a) Warning labels regarding the use of medical 11 cannabis by a woman during pregnancy and while 12 breastfeeding. 13 (b) Clearly labeled packaging indicating that 14 an edible medical cannabis product contains medical 15 cannabis and which packaging shall not imitate candy 16 products or in any way make the product marketable to 17 children. 18 11. A medical cannabis dispensary shall employ a 19 pharmacist licensed pursuant to chapter 155A. 20 Sec. ___. NEW SECTION . 124E.10 Fees. 21 Medical cannabis registration card fees and medical 22 cannabis manufacturer and medical cannabis dispensary 23 application and annual fees collected by the department 24 pursuant to this chapter shall be retained by the 25 department, shall be considered repayment receipts 26 as defined in section 8.2, and shall be used for the 27 purpose of regulating medical cannabis manufacturers 28 and medical cannabis dispensaries and for other 29 expenses necessary for the administration of this 30 chapter. 31 Sec. ___. NEW SECTION . 124E.11 Department duties 32 —— rules. 33 1. a. The department shall maintain a confidential 34 file of the names of each patient to or for whom the 35 department issues a medical cannabis registration card 36 and the name of each primary caregiver to whom the 37 department issues a medical cannabis registration card 38 under section 124E.4. 39 b. Individual names contained in the file shall be 40 confidential and shall not be subject to disclosure, 41 except as provided in subparagraph (1). 42 (1) Information in the confidential file maintained 43 pursuant to paragraph “a” may be released on an 44 individual basis to the following persons under the 45 following circumstances: 46 (a) To authorized employees or agents of the 47 department and the department of transportation as 48 necessary to perform the duties of the department and 49 the department of transportation pursuant to this 50 -11- SF510.2102 (3) 86 rh/rn 11/ 18

chapter. 1 (b) To authorized employees of state or local 2 law enforcement agencies, but only for the purpose of 3 verifying that a person is lawfully in possession of a 4 medical cannabis registration card issued pursuant to 5 this chapter. 6 (c) To authorized employees of a medical cannabis 7 dispensary, but only for the purpose of verifying 8 that a person is lawfully in possession of a medical 9 cannabis registration card issued pursuant to this 10 chapter. 11 (2) Release of information pursuant to subparagraph 12 (1) shall be consistent with the federal Health 13 Insurance Portability and Accountability Act of 1996, 14 Pub. L. No. 104-191. 15 2. The department shall adopt rules pursuant to 16 chapter 17A to administer this chapter which shall 17 include but not be limited to rules to do all of the 18 following: 19 a. Govern the manner in which the department shall 20 consider applications for new and renewal medical 21 cannabis registration cards. 22 b. Identify criteria and set forth procedures for 23 including additional chronic or debilitating diseases 24 or medical conditions or their medical treatments 25 on the list of debilitating medical conditions that 26 qualify for the use of medical cannabis. Procedures 27 shall include a petition process and shall allow for 28 public comment and public hearings before the medical 29 advisory board. 30 c. Set forth additional chronic or debilitating 31 diseases or medical conditions or their medical 32 treatments for inclusion on the list of debilitating 33 medical conditions that qualify for the use of medical 34 cannabis as recommended by the medical advisory board. 35 d. Establish the form and quantity of medical 36 cannabis allowed to be dispensed to a patient or 37 primary caregiver pursuant to this chapter. The 38 form and quantity of medical cannabis shall be 39 appropriate to serve the medical needs of patients with 40 debilitating conditions. 41 e. Establish requirements for the licensure 42 of medical cannabis manufacturers and medical 43 cannabis dispensaries and set forth procedures for 44 medical cannabis manufacturers and medical cannabis 45 dispensaries to obtain licenses. 46 f. Develop a dispensing system for medical cannabis 47 within this state that provides for all of the 48 following: 49 (1) Medical cannabis dispensaries within this state 50 -12- SF510.2102 (3) 86 rh/rn 12/ 18

housed on secured grounds and operated by licensed 1 medical cannabis dispensaries. 2 (2) The dispensing of medical cannabis to patients 3 and their primary caregivers to occur at locations 4 designated by the department. 5 g. Establish and collect annual fees from 6 medical cannabis manufacturers and medical cannabis 7 dispensaries to cover the costs associated with 8 regulating and inspecting medical cannabis 9 manufacturers and medical cannabis dispensaries. 10 h. Specify and implement procedures that address 11 public safety including security procedures and product 12 quality including measures to ensure contaminant-free 13 cultivation of medical cannabis, safety, and labeling. 14 i. Establish and implement a real-time, 15 statewide medical cannabis registry management 16 sale tracking system that is available to medical 17 cannabis dispensaries on a twenty-four-hour-day, 18 seven-day-a-week basis for the purpose of verifying 19 that a person is lawfully in possession of a medical 20 cannabis registration card issued pursuant to this 21 chapter and for tracking the date of the sale and 22 quantity of medical cannabis purchased by a patient or 23 a primary caregiver. 24 j. Establish and implement a medical cannabis 25 inventory and delivery tracking system to track 26 medical cannabis from production by a medical cannabis 27 manufacturer through dispensing at a medical cannabis 28 dispensary. 29 Sec. ___. NEW SECTION . 124E.12 Reciprocity. 30 A valid medical cannabis registration card, or its 31 equivalent, issued under the laws of another state 32 that allows an out-of-state patient to possess or use 33 medical cannabis in the jurisdiction of issuance shall 34 have the same force and effect as a valid medical 35 cannabis registration card issued pursuant to this 36 chapter, except that an out-of-state patient in this 37 state shall not obtain medical cannabis from a medical 38 cannabis dispensary in this state. 39 Sec. ___. NEW SECTION . 124E.13 Use of medical 40 cannabis —— smoking prohibited. 41 A patient shall not consume medical cannabis 42 possessed or used as authorized by this chapter by 43 smoking medical cannabis. 44 Sec. ___. NEW SECTION . 124E.14 Use of medical 45 cannabis —— affirmative defenses. 46 1. A health care practitioner, including any 47 authorized agent or employee thereof, shall not be 48 subject to prosecution for the unlawful certification, 49 possession, or administration of marijuana under the 50 -13- SF510.2102 (3) 86 rh/rn 13/ 18

laws of this state for activities arising directly 1 out of or directly related to the certification or 2 use of medical cannabis in the treatment of a patient 3 diagnosed with a debilitating medical condition as 4 authorized by this chapter. 5 2. A medical cannabis manufacturer, including any 6 authorized agent or employee thereof, shall not be 7 subject to prosecution for manufacturing, possessing, 8 cultivating, harvesting, packaging, processing, 9 transporting, or supplying medical cannabis pursuant 10 to this chapter. 11 3. A medical cannabis dispensary, including any 12 authorized agent or employee thereof, shall not be 13 subject to prosecution for transporting, supplying, or 14 dispensing medical cannabis pursuant to this chapter. 15 a. In a prosecution for the unlawful possession 16 of marijuana under the laws of this state, including 17 but not limited to chapters 124 and 453B, it is an 18 affirmative and complete defense to the prosecution 19 that the patient has been diagnosed with a debilitating 20 medical condition, used or possessed medical 21 cannabis pursuant to a certification by a health care 22 practitioner as authorized under this chapter, and, 23 for a patient eighteen years of age or older, is in 24 possession of a valid medical cannabis registration 25 card. 26 b. In a prosecution for the unlawful possession 27 of marijuana under the laws of this state, including 28 but not limited to chapters 124 and 453B, it is an 29 affirmative and complete defense to the prosecution 30 that the person possessed medical cannabis because the 31 person is a primary caregiver of a patient who has been 32 diagnosed with a debilitating medical condition and is 33 in possession of a valid medical cannabis registration 34 card, and where the primary caregiver’s possession of 35 the medical cannabis is on behalf of the patient and 36 for the patient’s use only as authorized under this 37 chapter. 38 c. If a patient or primary caregiver is charged 39 with the commission of a crime and is not in possession 40 of the person’s medical cannabis registration card, 41 any charge or charges filed against the person shall 42 be dismissed by the court if the person produces to 43 the court prior to or at the person’s trial a medical 44 cannabis registration card issued to that person and 45 valid at the time the person was charged. 46 4. An agency of this state or a political 47 subdivision thereof, including any law enforcement 48 agency, shall not remove or initiate proceedings to 49 remove a patient under the age of eighteen from the 50 -14- SF510.2102 (3) 86 rh/rn 14/ 18

home of a parent based solely upon the parent’s or 1 patient’s possession or use of medical cannabis as 2 authorized under this chapter. 3 Sec. ___. NEW SECTION . 124E.15 Penalties. 4 1. A person who knowingly or intentionally 5 possesses or uses medical cannabis in violation of 6 the requirements of this chapter is subject to the 7 penalties provided under chapters 124 and 453B. 8 2. A medical cannabis manufacturer or a medical 9 cannabis dispensary shall be assessed a civil penalty 10 of up to one thousand dollars per violation for any 11 violation of this chapter in addition to any other 12 applicable penalties. > 13 6. Page 26, after line 31 by inserting: 14 < Sec. ___. REPEAL. Chapter 124D, Code 2015, is 15 repealed. 16 Sec. ___. EMERGENCY RULES. 17 1. The department may adopt emergency rules under 18 section 17A.4, subsection 3, and section 17A.5, 19 subsection 2, paragraph “b”, to implement the following 20 provisions of this division of this Act: 21 a. The section of this division of this Act 22 amending section 124.204, subsection 4, paragraphs m 23 and u. 24 b. The section of this division of this Act 25 amending section 124.204, subsection 7. 26 c. The section of this division of this Act 27 amending section 124.206, subsection 7. 28 d. The section of this division of this Act 29 amending section 124.401, subsection 5, unnumbered 30 paragraph 3. 31 e. The sections of this division of this Act 32 enacting sections 124E.1, 124E.2, 124E.3, 124E.4, 33 124E.5, 124E.6, 124E.7, 124E.8, 124E.9, 124E.10, 34 124E.11, 124E.12, 124E.13, 124E.14, and 124E.15. 35 2. The rules shall be effective immediately upon 36 filing unless a later date is specified in the rules. 37 3. Any rules adopted in accordance with this 38 section shall also be published as a notice of intended 39 action as provided in section 17A.4. 40 Sec. ___. TRANSITION PROVISIONS. A medical 41 cannabis registration card issued under chapter 124D 42 prior to July 1, 2015, remains effective and continues 43 in effect as issued for the twelve-month period 44 following its issuance. Chapter 124E, as enacted in 45 this division of this Act, does not preclude the permit 46 holder from seeking to renew the permit under chapter 47 124E, as enacted in this division of this Act, prior to 48 the expiration of the twelve-month period. 49 Sec. ___. REPORTS. The university of Iowa Carver 50 -15- SF510.2102 (3) 86 rh/rn 15/ 18 #6.

college of medicine and college of pharmacy shall, 1 on or before July 1 of each year, beginning July 2 1, 2016, submit a report detailing the scientific 3 literature, studies, and clinical trials regarding the 4 use of medical cannabis on patients diagnosed with 5 debilitating medical conditions as defined in section 6 124E.2, as enacted in this division of this Act, to the 7 department of public health and the general assembly. > 8 7. By renumbering as necessary. 9 ______________________________ KRESSIG of Black Hawk ______________________________ ABDUL-SAMAD of Polk ______________________________ ANDERSON of Polk ______________________________ BENNETT of Linn ______________________________ BROWN-POWERS of Black Hawk ______________________________ COHOON of Des Moines ______________________________ FINKENAUER of Dubuque ______________________________ FORBES of Polk ______________________________ GAINES of Polk ______________________________ GASKILL of Wapello -16- SF510.2102 (3) 86 rh/rn 16/ 18 #7.

______________________________ HANSON of Jefferson ______________________________ HUNTER of Polk ______________________________ JACOBY of Johnson ______________________________ LENSING of Johnson ______________________________ LYKAM of Scott ______________________________ MASCHER of Johnson ______________________________ H. MILLER of Webster ______________________________ OLDSON of Polk ______________________________ RUFF of Clayton ______________________________ RUNNING-MARQUARDT of Linn ______________________________ STAED of Linn ______________________________ STUTSMAN of Johnson ______________________________ T. TAYLOR of Linn -17- SF510.2102 (3) 86 rh/rn 17/ 18