House
File
520
H-1162
Amend
House
File
520
as
follows:
1
1.
Page
1,
after
line
22
by
inserting:
2
<
Sec.
___.
Section
124D.2,
Code
2017,
is
amended
by
3
striking
the
section
and
inserting
in
lieu
thereof
the
4
following:
5
124D.2
Definitions.
6
As
used
in
this
chapter:
7
1.
“Cannabidiol”
means
a
nonpsychoactive
8
cannabidiol
found
in
the
plant
Cannabis
sativa
L.
9
or
Cannabis
indica
or
any
other
preparation
thereof
10
that
is
essentially
free
from
plant
material,
and
has
11
a
tetrahydrocannabinol
level
of
no
more
than
three
12
percent.
13
2.
“Debilitating
medical
condition”
means
14
intractable
epilepsy
and
any
other
medical
condition
15
or
its
treatment
recommended
by
the
university
of
Iowa
16
carver
college
of
medicine
and
approved
by
the
general
17
assembly
by
law.
18
3.
“Department”
means
the
department
of
public
19
health.
20
4.
“Health
care
practitioner”
means
an
individual
21
licensed
under
chapter
148
to
practice
medicine
22
and
surgery
or
osteopathic
medicine
and
surgery
who
23
provides
specialty
care
for
a
resident
of
this
state
24
for
one
or
more
debilitating
medical
conditions.
25
5.
“Intractable
epilepsy”
means
an
epileptic
seizure
26
disorder
for
which
standard
medical
treatment
does
27
not
prevent
or
significantly
ameliorate
recurring,
28
uncontrolled
seizures
or
for
which
standard
medical
29
treatment
results
in
harmful
side
effects.
30
6.
“Medical
cannabidiol
dispensary”
means
an
entity
31
located
in
this
state
and
licensed
by
the
department
32
that
acquires
cannabidiol
from
a
medical
cannabidiol
33
manufacturer
licensed
in
this
state
for
the
purpose
of
34
dispensing
cannabidiol
in
this
state
pursuant
to
this
35
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20
#1.
chapter.
1
7.
“Medical
cannabidiol
manufacturer”
means
an
2
entity
located
in
this
state
and
licensed
by
the
3
department
to
process,
package,
transport,
and
supply
4
cannabidiol
to
a
medical
cannabidiol
dispensary
5
pursuant
to
the
provisions
of
this
chapter.
6
8.
“Medical
cannabis
grower”
means
an
entity
located
7
in
this
state
and
licensed
by
the
department
to
grow,
8
cultivate,
harvest,
and
transport
cannabis
pursuant
to
9
the
provisions
of
this
chapter.
10
9.
“Primary
caregiver”
means
a
person,
at
least
11
eighteen
years
of
age,
who
has
been
designated
by
a
12
patient’s
health
care
practitioner
or
by
a
person
13
having
custody
of
a
patient,
as
being
necessary
to
14
take
responsibility
for
managing
the
well-being
of
the
15
patient
with
respect
to
the
medical
use
of
cannabidiol
16
pursuant
to
the
provisions
of
this
chapter.
17
Sec.
___.
Section
124D.3,
Code
2017,
is
amended
to
18
read
as
follows:
19
124D.3
Neurologist
Health
care
practitioner
20
recommendation
——
medical
use
of
cannabidiol.
21
A
neurologist
health
care
practitioner
who
22
has
examined
and
treated
a
patient
suffering
from
23
intractable
epilepsy
a
debilitating
medical
condition
24
may
provide
but
has
no
duty
to
provide
a
written
25
recommendation
for
the
patient’s
medical
use
of
26
cannabidiol
to
treat
or
alleviate
symptoms
of
27
intractable
epilepsy
the
debilitating
medical
condition
28
if
no
other
satisfactory
alternative
treatment
29
options
exist
for
the
patient
and
all
of
the
following
30
conditions
apply:
31
1.
The
patient
is
a
permanent
resident
of
this
32
state.
33
2.
A
neurologist
health
care
practitioner
has
34
treated
the
patient
for
intractable
epilepsy
for
at
35
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87
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20
least
six
months
a
debilitating
medical
condition
.
For
1
purposes
of
this
treatment
period,
and
notwithstanding
2
section
124D.2,
subsection
4
,
treatment
provided
by
3
a
neurologist
health
care
practitioner
may
include
4
treatment
by
an
out-of-state
licensed
neurologist
5
health
care
practitioner
in
good
standing.
6
3.
The
neurologist
has
tried
alternative
treatment
7
options
that
have
not
alleviated
the
patient’s
8
symptoms.
9
4.
3.
The
neurologist
health
care
practitioner
10
determines
the
risks
of
recommending
the
medical
use
of
11
cannabidiol
are
reasonable
in
light
of
the
potential
12
benefit
for
the
patient.
13
5.
4.
The
neurologist
health
care
practitioner
14
maintains
a
patient
treatment
plan.
15
Sec.
___.
Section
124D.4,
subsection
1,
paragraph
16
c,
Code
2017,
is
amended
to
read
as
follows:
17
c.
Requests
the
patient’s
neurologist
health
care
18
practitioner
to
submit
a
written
recommendation
to
19
the
department
signed
by
the
neurologist
health
care
20
practitioner
that
the
patient
may
benefit
from
the
21
medical
use
of
cannabidiol
pursuant
to
section
124D.3
.
22
Sec.
___.
Section
124D.4,
subsection
1,
paragraph
23
d,
subparagraph
(3),
Code
2017,
is
amended
to
read
as
24
follows:
25
(3)
Full
name,
address,
and
telephone
number
of
the
26
patient’s
neurologist
health
care
practitioner
.
27
Sec.
___.
Section
124D.4,
subsection
1,
Code
2017,
28
is
amended
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
e.
Submits
a
cannabidiol
30
registration
card
fee
of
one
hundred
dollars
to
the
31
department.
If
the
patient
attests
to
receiving
social
32
security
disability
benefits,
supplemental
security
33
insurance
benefits,
or
being
enrolled
in
the
medical
34
assistance
program,
the
fee
shall
be
twenty-five
35
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dollars.
1
Sec.
___.
Section
124D.4,
subsection
3,
paragraph
2
b,
Code
2017,
is
amended
to
read
as
follows:
3
b.
Requests
a
patient’s
neurologist
health
care
4
practitioner
to
submit
a
written
recommendation
to
5
the
department
signed
by
the
neurologist
health
care
6
practitioner
that
a
patient
in
the
primary
caregiver’s
7
care
may
benefit
from
the
medical
use
of
cannabidiol
8
pursuant
to
section
124D.3
.
9
Sec.
___.
Section
124D.4,
subsection
3,
paragraph
10
c,
subparagraph
(4),
Code
2017,
is
amended
to
read
as
11
follows:
12
(4)
Full
name,
address,
and
telephone
number
of
the
13
patient’s
neurologist
health
care
practitioner
.
14
Sec.
___.
Section
124D.5,
subsection
1,
paragraph
15
b,
subparagraph
(1),
Code
2017,
is
amended
by
adding
16
the
following
new
subparagraph
division:
17
NEW
SUBPARAGRAPH
DIVISION
.
(c)
To
authorized
18
employees
of
a
medical
cannabidiol
dispensary,
but
only
19
for
the
purpose
of
verifying
that
a
person
is
lawfully
20
in
possession
of
a
cannabidiol
registration
card
issued
21
pursuant
to
this
chapter.
22
Sec.
___.
Section
124D.5,
subsection
2,
Code
2017,
23
is
amended
by
striking
the
subsection
and
inserting
in
24
lieu
thereof
the
following:
25
2.
The
department
shall
adopt
rules
pursuant
to
26
chapter
17A
to
administer
this
chapter
which
shall
27
include
but
not
be
limited
to
rules
to
do
all
of
the
28
following:
29
a.
Govern
the
manner
in
which
the
department
shall
30
consider
applications
for
new
and
renewal
cannabidiol
31
registration
cards.
32
b.
Establish
requirements
for
the
suspension
33
and
revocation
of
cannabidiol
registration
cards
34
and
medical
cannabis
grower,
medical
cannabidiol
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dispensary,
and
medical
cannabidiol
manufacturer
1
licenses.
2
c.
Establish
requirements
for
the
licensure
3
of
medical
cannabis
growers,
medical
cannabidiol
4
manufacturers,
and
medical
cannabidiol
dispensaries
5
and
set
forth
procedures
for
medical
cannabis
growers,
6
medical
cannabidiol
manufacturers,
and
medical
7
cannabidiol
dispensaries
to
obtain
licenses.
8
d.
Develop
a
dispensing
system
for
medical
9
cannabidiol
dispensaries
to
dispense
cannabidiol
within
10
this
state
that
provides
for
all
of
the
following:
11
(1)
Medical
cannabidiol
dispensaries
within
this
12
state
housed
on
secured
grounds.
13
(2)
The
dispensing
of
cannabidiol
to
patients
and
14
their
primary
caregivers
in
person
to
occur
at
medical
15
cannabidiol
dispensary
locations
designated
by
the
16
department.
17
e.
Establish
and
collect
annual
fees
from
medical
18
cannabis
growers,
medical
cannabidiol
manufacturers,
19
and
medical
cannabidiol
dispensaries
to
cover
the
costs
20
associated
with
regulating
and
inspecting
medical
21
cannabis
growers,
medical
cannabidiol
manufacturers,
22
and
medical
cannabis
dispensaries.
23
f.
Specify
and
implement
procedures
that
address
24
public
safety
including
security
procedures
and
product
25
quality
including
measures
to
ensure
contaminant-free
26
cultivation
of
cannabis,
safety
in
the
medical
use
of
27
cannabidiol,
and
appropriate
labeling
of
cannabidiol
by
28
medical
cannabidiol
dispensaries.
29
g.
Establish
and
implement
a
real-time,
statewide
30
cannabidiol
registry
management
sale
tracking
system
31
that
is
available
to
medical
cannabidiol
dispensaries
32
on
a
twenty-four-hour-day,
seven-day-a-week
basis
for
33
the
purpose
of
verifying
that
a
person
is
lawfully
in
34
possession
of
a
cannabidiol
registration
card
issued
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pursuant
to
this
chapter
and
for
tracking
the
date
of
1
the
sale
and
quantity
of
cannabidiol
purchased
by
or
2
dispensed
to
a
patient
or
a
primary
caregiver.
3
h.
Establish
and
implement
a
real-time
global
4
positioning,
transportation,
and
delivery
tracking
5
system
to
track
cannabis
from
cultivation
by
a
medical
6
cannabis
grower
through
production
of
cannabidiol
7
by
a
cannabidiol
manufacturer
through
dispensing
of
8
cannabidiol
at
a
cannabidiol
dispensary.
9
Sec.
___.
Section
124D.6,
subsections
1
and
2,
Code
10
2017,
are
amended
to
read
as
follows:
11
1.
a.
A
recommendation
for
the
possession
or
use
12
of
cannabidiol
as
authorized
by
this
chapter
shall
13
be
provided
exclusively
by
a
neurologist
health
care
14
practitioner
for
a
patient
who
has
been
diagnosed
with
15
intractable
epilepsy
a
debilitating
medical
condition
.
16
b.
Cannabidiol
provided
exclusively
pursuant
to
the
17
recommendation
of
a
neurologist
shall
be
obtained
from
18
an
out-of-state
source
and
health
care
practitioner
19
shall
only
be
recommended
for
oral
or
transdermal
20
administration.
21
c.
A
neurologist
health
care
practitioner
shall
22
be
the
sole
authorized
recommender
as
part
of
23
the
treatment
plan
by
the
neurologist
health
care
24
practitioner
of
a
patient
diagnosed
with
intractable
25
epilepsy
a
debilitating
medical
condition
.
A
26
neurologist
health
care
practitioner
shall
have
the
27
sole
authority
to
recommend
the
use
or
amount
of
28
cannabidiol,
if
any,
in
the
treatment
plan
of
a
patient
29
diagnosed
with
intractable
epilepsy
a
debilitating
30
medical
condition
.
31
2.
A
neurologist
health
care
practitioner
,
32
including
any
authorized
agent
thereof,
shall
not
be
33
subject
to
prosecution
for
the
unlawful
recommendation,
34
possession,
or
administration
of
marijuana
under
the
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87
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laws
of
this
state
for
activities
arising
directly
out
1
of
or
directly
related
to
the
recommendation
or
use
of
2
cannabidiol
in
the
treatment
of
a
patient
diagnosed
3
with
intractable
epilepsy
a
debilitating
medical
4
condition
.
5
Sec.
___.
Section
124D.6,
Code
2017,
is
amended
by
6
adding
the
following
new
subsections:
7
NEW
SUBSECTION
.
2A.
A
medical
cannabis
grower,
8
including
any
authorized
agent
or
employee
thereof,
9
shall
not
be
subject
to
prosecution
for
possessing,
10
growing,
cultivating,
or
harvesting
cannabis
pursuant
11
to
this
chapter.
12
NEW
SUBSECTION
.
2B.
A
medical
cannabidiol
13
manufacturer,
including
any
authorized
agent
or
14
employee
thereof,
shall
not
be
subject
to
prosecution
15
for
possessing,
manufacturing,
processing,
packaging,
16
transporting,
or
supplying
cannabidiol
pursuant
to
this
17
chapter.
18
NEW
SUBSECTION
.
2C.
A
medical
cannabidiol
19
dispensary,
including
any
authorized
agent
or
20
employee
thereof,
shall
not
be
subject
to
prosecution
21
for
possessing,
packaging,
or
dispensing
medical
22
cannabidiol
pursuant
to
this
chapter.
23
Sec.
___.
Section
124D.6,
subsection
3,
paragraphs
24
a
and
b,
Code
2017,
are
amended
to
read
as
follows:
25
a.
In
a
prosecution
for
the
unlawful
possession
26
of
marijuana
under
the
laws
of
this
state,
including
27
but
not
limited
to
chapters
124
and
453B
,
it
is
an
28
affirmative
and
complete
defense
to
the
prosecution
29
that
the
patient
has
been
diagnosed
with
intractable
30
epilepsy
a
debilitating
medical
condition
,
used
or
31
possessed
cannabidiol
pursuant
to
a
recommendation
by
32
a
neurologist
health
care
practitioner
as
authorized
33
under
this
chapter
,
and,
for
a
patient
eighteen
34
years
of
age
or
older,
is
in
possession
of
a
valid
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cannabidiol
registration
card.
1
b.
In
a
prosecution
for
the
unlawful
possession
2
of
marijuana
under
the
laws
of
this
state,
including
3
but
not
limited
to
chapters
124
and
453B
,
it
is
an
4
affirmative
and
complete
defense
to
the
prosecution
5
that
the
person
possessed
cannabidiol
because
the
6
person
is
a
primary
caregiver
of
a
patient
who
has
been
7
diagnosed
with
intractable
epilepsy
a
debilitating
8
medical
condition
and
is
in
possession
of
a
valid
9
cannabidiol
registration
card,
and
where
the
primary
10
caregiver’s
possession
of
the
cannabidiol
is
on
behalf
11
of
the
patient
and
for
the
patient’s
use
only
as
12
authorized
under
this
chapter
.
13
Sec.
___.
NEW
SECTION
.
124D.9
Medical
cannabis
14
grower
licensure.
15
1.
The
department
shall
license
medical
cannabis
16
growers
to
grow,
cultivate,
harvest,
and
transport
17
cannabis
within
this
state
consistent
with
the
18
provisions
of
this
chapter.
19
2.
The
department
shall
consider
the
following
20
factors
in
determining
whether
to
license
a
medical
21
cannabis
grower:
22
a.
The
technical
expertise
of
the
medical
cannabis
23
grower
in
growing,
breeding,
cultivating,
and
24
harvesting
cannabis
for
medical
use.
25
b.
The
qualifications
of
the
medical
cannabis
26
grower’s
employees.
27
c.
The
long-term
financial
stability
of
the
medical
28
cannabis
grower.
29
d.
The
ability
to
provide
appropriate
security
30
measures
on
the
premises
of
the
medical
cannabis
31
grower.
32
e.
Whether
the
medical
cannabis
grower
has
33
demonstrated
an
ability
to
meet
certain
cannabis
34
production
needs
for
medical
use
regarding
the
range
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of
recommended
dosages
for
each
debilitating
medical
1
condition,
the
range
of
chemical
compositions
of
2
any
plant
of
the
genus
cannabis
that
will
likely
be
3
medically
beneficial
for
each
of
the
debilitating
4
medical
conditions,
and
the
form
of
the
cannabis
5
grown
for
medical
use
in
the
manner
determined
by
the
6
department
pursuant
to
rule.
7
3.
Each
entity
submitting
an
application
for
8
licensure
as
a
medical
cannabis
grower
shall
pay
a
9
nonrefundable
application
fee
of
five
thousand
dollars
10
to
the
department.
11
Sec.
___.
NEW
SECTION
.
124D.10
Medical
cannabis
12
growers.
13
1.
The
operating
documents
of
a
medical
cannabis
14
grower
shall
include
all
of
the
following:
15
a.
Procedures
for
the
oversight
of
the
medical
16
cannabis
grower
and
procedures
to
ensure
accurate
17
recordkeeping.
18
b.
Procedures
for
the
implementation
of
appropriate
19
security
measures
to
deter
and
prevent
the
theft
20
of
cannabis
grown
for
medical
use
and
unauthorized
21
entrance
into
areas
containing
cannabis
grown
for
22
medical
use.
23
2.
A
medical
cannabis
grower
shall
implement
24
security
requirements,
including
requirements
for
25
protection
of
each
location
by
a
fully
operational
26
security
alarm
system,
facility
access
controls,
27
perimeter
intrusion
detection
systems,
and
a
personnel
28
identification
system.
29
3.
A
medical
cannabis
grower
shall
install
and
30
operate
on
a
twenty-four-hour
basis
a
real-time
audio
31
and
video
monitoring
system
on
the
grounds
and
in
32
all
buildings
of
the
medical
cannabis
grower.
The
33
information
contained
in
the
monitoring
system
is
34
confidential
and
shall
not
be
disclosed
except
to
35
-9-
HF520.1222
(3)
87
rh/rj
9/
20
authorized
employees
or
agents
of
the
department
as
1
necessary
to
perform
the
duties
of
the
department
2
under
this
chapter
or
pursuant
to
court
order.
Such
3
information
shall
be
stored
and
retained
by
the
medical
4
cannabis
grower
for
a
minimum
of
six
months
from
the
5
date
such
audio
and
video
information
is
created.
6
4.
A
medical
cannabis
grower
shall
not
share
office
7
space
with,
refer
patients
to,
or
have
any
financial
8
relationship
with
a
health
care
practitioner.
9
5.
The
location
of
a
medical
cannabis
grower
shall
10
be
physically
separate
and
off-site
from
the
location
11
of
a
medical
cannabidiol
manufacturer
and
a
medical
12
cannabidiol
dispensary.
13
6.
A
medical
cannabis
grower
shall
not
permit
any
14
person
to
consume
cannabis
grown
for
medical
use
on
the
15
property
of
the
medical
cannabis
grower.
16
7.
A
medical
cannabis
grower
is
subject
to
17
reasonable
inspection
by
the
department.
18
8.
a.
A
medical
cannabis
grower
shall
not
employ
a
19
person
who
is
under
eighteen
years
of
age
or
who
has
20
been
convicted
of
any
felony
offense.
21
b.
An
employee
of
a
medical
cannabis
grower
shall
22
be
subject
to
a
background
investigation
conducted
23
by
the
division
of
criminal
investigation
of
the
24
department
of
public
safety
and
a
national
criminal
25
history
background
check.
26
c.
An
employee
of
a
medical
cannabis
grower
shall
27
be
subject
to
periodic
drug
testing
as
determined
by
28
the
department
pursuant
to
rule.
29
9.
A
medical
cannabis
grower
shall
not
operate
in
30
any
location
within
one
thousand
feet
of
a
public
or
31
private
school
existing
before
the
date
of
the
medical
32
cannabis
grower’s
licensure
by
the
department.
33
10.
A
medical
cannabis
grower
shall
not
engage
34
in
any
advertising
relating
to
the
medical
cannabis
35
-10-
HF520.1222
(3)
87
rh/rj
10/
20
grower.
1
11.
a.
A
medical
cannabis
grower
shall
provide
2
a
reliable
and
ongoing
supply
of
cannabis
grown
for
3
medical
use
to
medical
cannabidiol
manufacturers
4
pursuant
to
this
chapter.
5
b.
All
growing,
cultivating,
and
harvesting
of
6
medical
cannabis
shall
take
place
in
an
enclosed,
7
locked
facility
at
a
physical
address
provided
to
the
8
department
during
the
licensure
process.
9
c.
A
medical
cannabis
grower
shall
supply
a
10
reliable
and
ongoing
amount
of
cannabidiol
to
treat
11
every
debilitating
medical
condition
listed
in
this
12
chapter.
13
12.
A
medical
cannabis
grower
shall
pay
an
annual
14
fee
determined
by
the
department
equal
to
the
cost
of
15
regulating
and
inspecting
the
grower
during
that
year.
16
Sec.
___.
NEW
SECTION
.
124D.11
Medical
cannabidiol
17
manufacturer
licensure.
18
1.
The
department
shall
license
medical
cannabidiol
19
manufacturers
to
process,
package,
transport,
and
20
supply
cannabidiol
within
this
state
consistent
with
21
the
provisions
of
this
chapter.
22
2.
The
department
shall
consider
the
following
23
factors
in
determining
whether
to
license
a
medical
24
cannabidiol
manufacturer:
25
a.
The
technical
expertise
of
the
medical
26
cannabidiol
manufacturer
in
processing,
packaging,
27
transporting,
and
supplying
cannabidiol.
28
b.
The
qualifications
of
the
medical
cannabidiol
29
manufacturer’s
employees.
30
c.
The
long-term
financial
stability
of
the
medical
31
cannabidiol
manufacturer.
32
d.
The
ability
to
provide
appropriate
security
33
measures
on
the
premises
of
the
medical
cannabidiol
34
manufacturer.
35
-11-
HF520.1222
(3)
87
rh/rj
11/
20
3.
The
department
shall
require
each
medical
1
cannabidiol
manufacturer
to
contract
with
the
state
2
hygienic
laboratory
at
the
university
of
Iowa
in
Iowa
3
City
to
test
the
cannabidiol
produced
by
the
medical
4
cannabidiol
manufacturer
as
to
content,
contamination,
5
and
consistency.
The
department
shall
require
the
6
state
hygienic
laboratory
to
report
testing
results
7
to
the
medical
cannabidiol
manufacturer
in
a
manner
8
determined
by
the
department
pursuant
to
rule.
9
4.
Each
entity
submitting
an
application
for
10
licensure
as
a
medical
cannabidiol
manufacturer
shall
11
pay
a
nonrefundable
application
fee
of
five
thousand
12
dollars
to
the
department.
13
Sec.
___.
NEW
SECTION
.
124D.12
Medical
cannabidiol
14
manufacturers.
15
1.
A
medical
cannabidiol
manufacturer
shall
pay
the
16
cost
of
all
state
hygienic
laboratory
testing.
17
2.
The
operating
documents
of
a
medical
cannabidiol
18
manufacturer
shall
include
all
of
the
following:
19
a.
Procedures
for
the
oversight
of
the
medical
20
cannabidiol
manufacturer
and
procedures
to
ensure
21
accurate
recordkeeping.
22
b.
Procedures
for
the
implementation
of
appropriate
23
security
measures
to
deter
and
prevent
the
theft
of
24
cannabidiol
and
unauthorized
entrance
into
areas
25
containing
cannabidiol.
26
3.
A
medical
cannabidiol
manufacturer
shall
27
implement
security
requirements,
including
requirements
28
for
protection
of
each
location
by
a
fully
operational
29
security
alarm
system,
facility
access
controls,
30
perimeter
intrusion
detection
systems,
and
a
personnel
31
identification
system.
32
4.
A
medical
cannabidiol
manufacturer
shall
install
33
and
operate
on
a
twenty-four-hour
basis
a
real-time
34
audio
and
video
monitoring
system
on
the
grounds
and
in
35
-12-
HF520.1222
(3)
87
rh/rj
12/
20
all
buildings
of
the
medical
cannabidiol
manufacturer.
1
The
information
contained
in
the
monitoring
system
2
is
confidential
and
shall
not
be
disclosed
except
to
3
authorized
employees
or
agents
of
the
department
as
4
necessary
to
perform
the
duties
of
the
department
5
under
this
chapter
or
pursuant
to
court
order.
Such
6
information
shall
be
stored
and
retained
by
the
medical
7
cannabidiol
manufacturer
for
a
minimum
of
six
months
8
from
the
date
such
audio
and
video
information
is
9
created.
10
5.
A
medical
cannabidiol
manufacturer
shall
not
11
share
office
space
with,
refer
patients
to,
or
have
any
12
financial
relationship
with
a
health
care
practitioner.
13
6.
The
location
of
a
medical
cannabidiol
14
manufacturer
shall
be
physically
separate
and
off-site
15
from
the
location
of
a
medical
cannabis
grower
and
a
16
medical
cannabidiol
dispensary.
A
medical
cannabidiol
17
manufacturer
shall
not
permit
any
person
to
consume
18
cannabidiol
on
the
property
of
the
medical
cannabidiol
19
manufacturer.
A
medical
cannabidiol
manufacturer
is
20
subject
to
reasonable
inspection
by
the
department.
21
a.
A
medical
cannabidiol
manufacturer
shall
not
22
employ
a
person
who
is
under
twenty-one
years
of
age
or
23
who
has
been
convicted
of
any
felony
offense.
24
b.
An
employee
of
a
medical
cannabidiol
25
manufacturer
shall
be
subject
to
a
background
26
investigation
conducted
by
the
division
of
criminal
27
investigation
of
the
department
of
public
safety
and
a
28
national
criminal
history
background
check.
29
c.
An
employee
of
a
medical
cannabidiol
30
manufacturer
shall
be
subject
to
periodic
drug
testing
31
as
determined
by
the
department
pursuant
to
rule.
32
7.
A
medical
cannabidiol
manufacturer
shall
not
33
engage
in
any
advertising
relating
to
the
medical
34
cannabidiol
manufacturer.
35
-13-
HF520.1222
(3)
87
rh/rj
13/
20
8.
a.
All
processing
and
packaging
of
cannabidiol
1
shall
take
place
in
an
enclosed,
locked
facility
at
a
2
physical
address
provided
to
the
department
during
the
3
licensure
process.
4
b.
A
medical
cannabidiol
manufacturer
shall
supply
5
a
reliable
and
ongoing
amount
of
cannabidiol
oil
to
6
treat
every
debilitating
medical
condition
listed
in
7
this
chapter.
8
9.
A
medical
cannabidiol
manufacturer
shall
pay
9
an
annual
fee
determined
by
the
department
equal
to
10
the
cost
of
regulating
and
inspecting
the
medical
11
cannabidiol
manufacturer
during
that
year.
12
Sec.
___.
NEW
SECTION
.
124D.13
Medical
cannabidiol
13
dispensary
licensure.
14
1.
a.
The
department
shall
license
medical
15
cannabidiol
dispensaries
to
dispense
cannabidiol
for
16
medical
use
within
this
state
consistent
with
the
17
provisions
of
this
chapter.
18
b.
Information
submitted
during
the
application
19
process
shall
be
confidential
until
the
medical
20
cannabidiol
dispensary
is
licensed
by
the
department
21
unless
otherwise
protected
from
disclosure
under
state
22
or
federal
law.
23
2.
The
department
shall
consider
the
following
24
factors
in
determining
whether
to
license
a
medical
25
cannabidiol
dispensary:
26
a.
The
technical
expertise
of
the
medical
27
cannabidiol
dispensary
in
packaging
and
dispensing
28
cannabidiol
for
medical
use.
29
b.
The
qualifications
of
the
medical
cannabidiol
30
dispensary’s
employees.
31
c.
The
long-term
financial
stability
of
the
medical
32
cannabidiol
dispensary.
33
d.
The
ability
to
provide
appropriate
security
34
measures
on
the
premises
of
the
medical
cannabidiol
35
-14-
HF520.1222
(3)
87
rh/rj
14/
20
dispensary.
1
e.
The
medical
cannabidiol
dispensary’s
projection
2
and
ongoing
assessment
of
fees
for
the
purchase
or
3
dispensing
of
medical
cannabidiol
for
patients
with
4
debilitating
medical
conditions.
5
3.
Each
entity
submitting
an
application
for
6
licensure
as
a
medical
cannabidiol
dispensary
shall
7
pay
a
nonrefundable
application
fee
of
five
thousand
8
dollars
to
the
department.
9
4.
A
medical
cannabidiol
dispensary
shall
pay
10
an
annual
fee
determined
by
the
department
equal
to
11
the
cost
of
regulating
and
inspecting
the
medical
12
cannabidiol
dispensary
during
that
year.
13
Sec.
___.
NEW
SECTION
.
124D.14
Medical
cannabidiol
14
dispensaries.
15
1.
a.
The
medical
cannabidiol
dispensaries
shall
16
be
located
throughout
the
state
based
on
geographical
17
need
for
patient
access.
18
b.
A
medical
cannabidiol
dispensary
may
dispense
19
cannabidiol
for
medical
use
pursuant
to
the
provisions
20
of
this
chapter
but
shall
only
dispense
cannabidiol
for
21
medical
use
in
oil
form.
22
2.
The
operating
documents
of
a
medical
cannabidiol
23
dispensary
shall
include
all
of
the
following:
24
a.
Procedures
for
the
oversight
of
the
medical
25
cannabidiol
dispensary
and
procedures
to
ensure
26
accurate
recordkeeping.
27
b.
Procedures
for
the
implementation
of
appropriate
28
security
measures
to
deter
and
prevent
the
theft
of
29
cannabidiol
grown
for
medical
use
and
unauthorized
30
entrance
into
areas
containing
cannabidiol
grown
for
31
medical
use.
32
3.
A
medical
cannabidiol
dispensary
shall
implement
33
security
requirements,
including
requirements
for
34
protection
by
a
fully
operational
security
alarm
35
-15-
HF520.1222
(3)
87
rh/rj
15/
20
system,
facility
access
controls,
perimeter
intrusion
1
detection
systems,
and
a
personnel
identification
2
system.
3
4.
A
medical
cannabidiol
dispensary
shall
install
4
and
operate
on
a
twenty-four-hour
basis
a
real-time
5
audio
and
video
monitoring
system
on
the
grounds
and
in
6
all
buildings
of
the
medical
cannabidiol
dispensary.
7
The
information
contained
in
the
monitoring
system
8
is
confidential
and
shall
not
be
disclosed
except
to
9
authorized
employees
or
agents
of
the
department
as
10
necessary
to
perform
the
duties
of
the
department
11
or
pursuant
to
court
order.
Such
information
shall
12
be
stored
and
retained
by
the
medical
cannabidiol
13
dispensary
for
a
minimum
of
six
months
from
the
date
14
the
audio
and
video
information
is
created.
15
5.
A
medical
cannabidiol
dispensary
shall
not
share
16
office
space
with,
refer
patients
to,
or
have
any
17
financial
relationship
with
a
health
care
practitioner.
18
6.
The
location
of
a
medical
cannabidiol
dispensary
19
shall
be
physically
separate
and
off-site
from
the
20
location
of
a
medical
cannabis
grower
and
a
medical
21
cannabidiol
manufacturer.
22
7.
A
medical
cannabidiol
dispensary
shall
not
23
permit
any
person
to
consume
cannabidiol
grown
for
24
medical
use
on
the
property
of
the
medical
cannabidiol
25
dispensary.
26
8.
A
medical
cannabidiol
dispensary
is
subject
to
27
reasonable
inspection
by
the
department.
28
9.
a.
A
medical
cannabidiol
dispensary
shall
not
29
employ
a
person
who
is
under
eighteen
years
of
age
30
or
who
has
been
convicted
of
a
disqualifying
felony
31
offense.
32
b.
An
employee
of
a
medical
cannabidiol
dispensary
33
shall
be
subject
to
a
background
investigation
34
conducted
by
the
division
of
criminal
investigation
of
35
-16-
HF520.1222
(3)
87
rh/rj
16/
20
the
department
of
public
safety
and
a
national
criminal
1
history
background
check.
2
c.
An
employee
of
a
medical
cannabidiol
dispensary
3
shall
be
subject
to
periodic
drug
testing
as
determined
4
by
the
department
pursuant
to
rule.
5
10.
A
medical
cannabidiol
dispensary
shall
not
6
operate
in
any
location
within
one
thousand
feet
of
a
7
public
or
private
school
existing
before
the
date
of
8
the
medical
cannabidiol
dispensary’s
licensure
by
the
9
department.
10
11.
A
medical
cannabidiol
dispensary
shall
not
11
engage
in
any
advertising
relating
to
the
medical
12
cannabidiol
dispensary.
13
12.
Prior
to
dispensing
of
any
cannabidiol
for
14
medical
use
in
oil
form,
a
medical
cannabidiol
15
dispensary
shall
do
all
of
the
following:
16
a.
Verify
that
the
medical
cannabidiol
dispensary
17
has
received
a
valid
cannabidiol
registration
card
18
from
a
patient
or
a
patient’s
primary
caregiver,
if
19
applicable.
20
b.
Assign
a
tracking
number
to
any
cannabidiol
for
21
medical
use
dispensed
from
the
medical
cannabidiol
22
dispensary.
23
13.
A
medical
cannabidiol
dispensary
shall
employ
a
24
pharmacist
licensed
pursuant
to
chapter
155A.
25
Sec.
___.
NEW
SECTION
.
124D.15
Fees.
26
Cannabidiol
registration
card
fees
and
medical
27
cannabis
grower
and
medical
cannabidiol
manufacturer
28
and
medical
cannabidiol
dispensary
application
and
29
annual
fees
collected
by
the
department
pursuant
to
30
this
chapter
shall
be
retained
by
the
department,
shall
31
be
considered
repayment
receipts
as
defined
in
section
32
8.2
,
and
shall
be
used
for
the
purpose
of
regulating
33
medical
cannabis
growers,
medical
cannabidiol
34
manufacturers,
and
medical
cannabidiol
dispensaries
and
35
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for
other
expenses
necessary
for
the
administration
of
1
this
chapter.
Notwithstanding
section
8.33,
moneys
2
that
remain
unencumbered
or
unobligated
at
the
end
of
3
the
fiscal
year
shall
not
revert
to
the
general
fund
4
of
the
state.
5
Sec.
___.
NEW
SECTION
.
124D.16
Reciprocity.
6
A
valid
cannabidiol
registration
card,
or
its
7
equivalent,
issued
under
the
laws
of
another
state
that
8
allows
an
out-of-state
patient
to
purchase,
possess,
9
and
use
cannabidiol
for
medical
use
in
the
jurisdiction
10
of
issuance
shall
have
the
same
force
and
effect
as
11
a
valid
cannabidiol
registration
card
issued
pursuant
12
to
this
chapter
and
allows
an
out-of-state
patient
in
13
this
state
to
purchase
cannabidiol
for
medical
use
from
14
a
medical
cannabidiol
dispensary
in
this
state
and
to
15
possess
and
use
the
cannabidiol
for
medical
use
in
this
16
state.
17
Sec.
___.
NEW
SECTION
.
124D.17
Use
of
cannabidiol
18
——
smoking
and
vaping
prohibited.
19
A
patient
shall
not
consume
cannabidiol
possessed
or
20
used
as
authorized
by
this
chapter
by
smoking
or
vaping
21
cannabidiol.
22
Sec.
___.
NEW
SECTION
.
124D.18
Penalties.
23
1.
A
person
who
knowingly
or
intentionally
24
possesses
or
uses
cannabidiol
in
violation
of
the
25
requirements
of
this
chapter
is
subject
to
the
26
penalties
provided
under
chapters
124
and
453B.
27
2.
A
medical
cannabis
grower,
medical
cannabidiol
28
manufacturer,
or
medical
cannabidiol
dispensary
shall
29
be
assessed
a
civil
penalty
of
up
to
one
thousand
30
dollars
per
violation
for
any
violation
of
this
chapter
31
in
addition
to
any
other
applicable
penalties.
32
3.
A
health
care
practitioner
who
makes
what
the
33
health
care
practitioner
knows
to
be
a
false
statement
34
of
material
fact
on
a
written
recommendation
provided
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to
a
patient
pursuant
to
section
124D.3
or
who
submits
1
what
the
person
knows
to
be
any
materially
falsified
2
or
forged
documentation
in
connection
with
such
a
3
recommendation
commits
a
class
“C”
felony.
4
4.
A
patient
or
primary
caregiver
who
makes
what
5
the
person
knows
to
be
a
false
statement
of
material
6
fact
on
a
cannabidiol
registration
card
application
7
submitted
pursuant
to
section
124D.4
or
who
submits
8
what
the
person
knows
to
be
any
materially
falsified
9
or
forged
documentation
in
connection
with
such
an
10
application
commits
a
class
“C”
felony.
11
Sec.
___.
REPORT
——
RECOMMENDATION
——
ACTION
BY
12
GENERAL
ASSEMBLY.
13
1.
The
university
of
Iowa
carver
college
of
14
medicine
and
college
of
pharmacy
shall,
on
or
before
15
July
1
of
each
year,
beginning
July
1,
2018,
submit
a
16
report
detailing
the
scientific
literature,
studies,
17
and
clinical
trials
regarding
the
medical
use
of
18
cannabidiol
to
the
department
of
public
health
and
the
19
general
assembly.
The
report
may
recommend
additional
20
debilitating
medical
conditions
that
qualify
for
the
21
medical
use
of
cannabidiol
and
shall
include
a
range
22
of
recommended
dosages
for
each
debilitating
medical
23
condition
and
the
range
of
chemical
compositions
of
24
any
plant
of
the
genus
Cannabis
that
will
likely
be
25
medically
beneficial
for
each
of
the
debilitating
26
medical
conditions.
27
2.
The
general
assembly
is
requested
to
review
any
28
additional
debilitating
medical
conditions
recommended
29
and
submitted
to
the
general
assembly
pursuant
to
30
subsection
1
during
the
following
regular
session
31
of
the
general
assembly
and
to
approve
by
law
any
32
additional
debilitating
medical
conditions
during
that
33
regular
session.
34
Sec.
24.
REPEAL.
Section
124D.7,
Code
2017,
is
35
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repealed.
>
1
2.
Title
page,
line
3,
by
striking
<
law
>
and
2
inserting
<
law,
providing
for
civil
and
criminal
3
penalties
and
fees,
>
4
3.
By
renumbering
as
necessary.
5
______________________________
KRESSIG
of
Black
Hawk
______________________________
FORBES
of
Polk
-20-
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(3)
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rh/rj
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#2.
#3.