House File 2589 H-8128 Amend House File 2589 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 96.5, Code 2020, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 14. Marijuana or controlled substance use in 6 the workplace —— disqualified. 7 a. For purposes of this subsection, unless the context 8 otherwise requires: 9 (1) “Controlled substance” means the same as defined in 10 section 124.101. 11 (2) “Marijuana” means the same as defined in section 124E.2. 12 b. If the department finds that the individual became 13 separated from employment due to ingesting marijuana in the 14 workplace, working while under the influence of marijuana, or 15 testing positive for any other controlled substance, for which 16 the individual did not have a current prescription or which the 17 individual was otherwise using unlawfully, under a drug testing 18 policy pursuant to section 730.5 or any other procedures 19 provided by federal statutes, federal regulations, or orders 20 issued pursuant to federal law. 21 c. A disqualification under this subsection shall continue 22 until the individual has worked in and has been paid wages for 23 insured work equal to ten times the individual’s weekly benefit 24 amount, provided the individual is otherwise eligible. 25 Sec. 2. Section 124E.2, subsection 2, paragraph i, Code 26 2020, is amended to read as follows: 27 i. Untreatable Chronic pain. 28 Sec. 3. Section 124E.2, subsection 2, Code 2020, is amended 29 by adding the following new paragraphs: 30 NEW PARAGRAPH . j. Severe, intractable autism with 31 self-injurious or aggressive behaviors. 32 NEW PARAGRAPH . k. Post-traumatic stress disorder. 33 Sec. 4. Section 124E.2, subsections 5 and 6, Code 2020, are 34 amended to read as follows: 35 -1- HF2589.3664 (5) 88 ss/rh 1/ 9 #1.

5. “Health care practitioner” means an individual licensed 1 under chapter 148 to practice medicine and surgery or 2 osteopathic medicine and surgery , a physician assistant 3 licensed under chapter 148C, an advanced registered nurse 4 practitioner licensed under chapter 152, or an advanced 5 practice registered nurse under chapter 152E, who is a 6 patient’s primary care provider or a podiatrist licensed 7 pursuant to chapter 149 . “Health care practitioner” shall not 8 include a physician assistant licensed under chapter 148C or 9 an advanced registered nurse practitioner licensed pursuant to 10 chapter 152 or 152E . 11 6. “Medical cannabidiol” means any pharmaceutical 12 grade cannabinoid found in the plant Cannabis sativa L. or 13 Cannabis indica or any other preparation thereof that has 14 a tetrahydrocannabinol level of no more than three percent 15 and that is delivered in a form recommended by the medical 16 cannabidiol board, approved by the board of medicine, and 17 adopted by the department pursuant to rule. 18 Sec. 5. Section 124E.2, Code 2020, is amended by adding the 19 following new subsections: 20 NEW SUBSECTION . 4A. “Employee” means a natural person who 21 is employed in this state for wages by an employer. 22 NEW SUBSECTION . 4B. “Employer” means a person who in this 23 state employs for wages an employee. 24 NEW SUBSECTION . 5A. “Laboratory” means the state hygienic 25 laboratory at the university of Iowa in Iowa City or any other 26 independent medical cannabidiol testing facility accredited 27 to standard ISO/IEC 17025 by an international organization 28 for standards-approved accrediting body, with a controlled 29 substance registration certificate from the United States drug 30 enforcement administration and a certificate of registration 31 from the board of pharmacy. For the purposes of this chapter, 32 an independent laboratory is a laboratory operated by an 33 entity that has no equity ownership in a medical cannabidiol 34 manufacturer. 35 -2- HF2589.3664 (5) 88 ss/rh 2/ 9

NEW SUBSECTION . 5B. “Marijuana” means any derivative of 1 marijuana including but not limited to medical cannabidiol. 2 NEW SUBSECTION . 7A. “Total tetrahydrocannabinol” 3 means eighty-seven and seven-tenths percent of the 4 amount of tetrahydrocannabinolic acid plus the amount of 5 tetrahydrocannabinol. 6 Sec. 6. Section 124E.4, subsection 1, unnumbered paragraph 7 1, Code 2020, is amended to read as follows: 8 Subject to subsection 7 , the department may approve the 9 issuance of issue a medical cannabidiol registration card by 10 the department of transportation to a patient who: 11 Sec. 7. Section 124E.4, subsection 1, paragraph d, 12 unnumbered paragraph 1, Code 2020, is amended to read as 13 follows: 14 Submits an application to the department, on a form created 15 by the department, in consultation with the department of 16 transportation, that contains all of the following: 17 Sec. 8. Section 124E.4, subsection 1, paragraph f, Code 18 2020, is amended by striking the paragraph. 19 Sec. 9. Section 124E.4, subsection 2, unnumbered paragraph 20 1, Code 2020, is amended to read as follows: 21 A medical cannabidiol registration card issued to a patient 22 by the department of transportation pursuant to subsection 1 23 shall contain, at a minimum, all of the following: 24 Sec. 10. Section 124E.4, subsection 2, paragraph b, Code 25 2020, is amended by striking the paragraph. 26 Sec. 11. Section 124E.4, subsection 3, unnumbered paragraph 27 1, Code 2020, is amended to read as follows: 28 For a patient in a primary caregiver’s care, subject to 29 subsection 7 , the department may approve the issuance of issue 30 a medical cannabidiol registration card by the department of 31 transportation to the primary caregiver who: 32 Sec. 12. Section 124E.4, subsection 3, paragraph b, 33 unnumbered paragraph 1, Code 2020, is amended to read as 34 follows: 35 -3- HF2589.3664 (5) 88 ss/rh 3/ 9

Submits an application to the department, on a form created 1 by the department, in consultation with the department of 2 transportation, that contains all of the following: 3 Sec. 13. Section 124E.4, subsection 3, paragraph c, Code 4 2020, is amended by striking the paragraph. 5 Sec. 14. Section 124E.4, subsection 4, unnumbered paragraph 6 1, Code 2020, is amended to read as follows: 7 A medical cannabidiol registration card issued by the 8 department of transportation to a primary caregiver pursuant to 9 subsection 3 shall contain, at a minimum, all of the following: 10 Sec. 15. Section 124E.4, subsection 4, paragraph b, Code 11 2020, is amended by striking the paragraph. 12 Sec. 16. Section 124E.4, subsection 6, Code 2020, is amended 13 by striking the subsection. 14 Sec. 17. Section 124E.5, subsections 2 and 6, Code 2020, are 15 amended to read as follows: 16 2. The medical cannabidiol board shall convene at least 17 twice but no more than four times per year. 18 6. The medical cannabidiol board may recommend a statutory 19 revision to the definition of medical cannabidiol contained in 20 this chapter that increases the tetrahydrocannabinol level to 21 more than three percent, however, any such recommendation shall 22 be submitted to the general assembly during the regular session 23 of the general assembly following such submission. The general 24 assembly shall have the sole authority to revise the definition 25 of medical cannabidiol for purposes of this chapter . 26 Sec. 18. Section 124E.6, subsection 4, Code 2020, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 4. A medical cannabidiol manufacturer shall contract with 30 a laboratory to perform spot-check testing of the medical 31 cannabidiol produced by the medical cannabidiol manufacturer 32 as provided in section 124E.7. The department shall require 33 that the laboratory report testing results to the medical 34 cannabidiol manufacturer and the department as determined by 35 -4- HF2589.3664 (5) 88 ss/rh 4/ 9

the department by rule. If a medical cannabidiol manufacturer 1 contracts with a laboratory other than the state hygienic 2 laboratory at the university of Iowa in Iowa City, the 3 department shall approve the laboratory to perform testing 4 pursuant to this chapter. 5 Sec. 19. Section 124E.7, subsection 1, Code 2020, is amended 6 by striking the subsection and inserting in lieu thereof the 7 following: 8 1. A medical cannabidiol manufacturer shall contract with 9 a laboratory to perform spot-check testing of the medical 10 cannabidiol produced by the medical cannabidiol manufacturer as 11 to content, contamination, and consistency. The cost of all 12 laboratory testing shall be paid by the medical cannabidiol 13 manufacturer. 14 Sec. 20. Section 124E.9, Code 2020, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 13. A medical cannabidiol dispensary 17 shall employ a pharmacist or pharmacy technician licensed or 18 registered pursuant to chapter 155A for the purpose of making 19 dosing recommendations. 20 NEW SUBSECTION . 14. A medical cannabidiol dispensary shall 21 not dispense more than a combined total of four and one-half 22 grams of total tetrahydrocannabinol to a patient and the 23 patient’s primary caregiver in a ninety-day period, except as 24 provided in subsection 15. 25 NEW SUBSECTION . 15. A medical cannabidiol dispensary 26 may dispense more than a combined total of four and one-half 27 of total tetrahydrocannabinol to a patient and the patient’s 28 primary caregiver in a ninety-day period if any of the 29 following apply: 30 a. The health care practitioner who certified the patient to 31 receive a medical cannabidiol registration card certifies that 32 patient’s debilitating medical condition is a terminal illness 33 with a life expectancy of less than one year. A certification 34 issued pursuant to this paragraph shall include a total 35 -5- HF2589.3664 (5) 88 ss/rh 5/ 9

tetrahydrocannabinol cap deemed appropriate by the patient’s 1 health care practitioner. 2 b. The health care practitioner who certified the patient to 3 receive a medical cannabidiol registration card certifies that 4 the patient has participated in the medical cannabidiol program 5 and that the health care practitioner has determined that four 6 and one-half of total tetrahydrocannabinol in a ninety-day 7 period is insufficient to treat the patient’s debilitating 8 medical condition. A certification issued pursuant to this 9 paragraph shall include a total tetrahydrocannabinol cap deemed 10 appropriate by the patient’s health care practitioner. 11 Sec. 21. Section 124E.11, subsection 1, paragraph b, 12 subparagraph (1), subparagraph divisions (a) and (c), Code 13 2020, are amended to read as follows: 14 (a) To authorized employees or agents of the department and 15 the department of transportation as necessary to perform the 16 duties of the department and the department of transportation 17 pursuant to this chapter . 18 (c) To authorized employees of a medical cannabidiol 19 dispensary, but only for the purpose purposes of verifying that 20 a person is lawfully in possession of a medical cannabidiol 21 registration card issued pursuant to this chapter and that a 22 person has not purchased total tetrahydrocannabinol in excess 23 of the amount authorized by this chapter . 24 Sec. 22. Section 124E.11, subsection 1, paragraph b, 25 subparagraph (1), Code 2020, is amended by adding the following 26 new subparagraph division: 27 NEW SUBPARAGRAPH DIVISION . (e) To a health care 28 practitioner for the purpose of determining whether a patient 29 seeking a written certification pursuant to section 124E.3 has 30 already received a written certification from another health 31 care practitioner. 32 Sec. 23. Section 124E.12, subsection 7, Code 2020, is 33 amended to read as follows: 34 7. Notwithstanding any law to the contrary, the department, 35 -6- HF2589.3664 (5) 88 ss/rh 6/ 9

the department of transportation, the governor, or any employee 1 of any state agency shall not be held civilly or criminally 2 liable for any injury, loss of property, personal injury, or 3 death caused by any act or omission while acting within the 4 scope of office or employment as authorized under this chapter . 5 Sec. 24. NEW SECTION . 124E.20 Observational effectiveness 6 study. 7 The department may conduct an observational effectiveness 8 study in cooperation with patients and health care 9 practitioners and pursuant to rules of the department in order 10 to study the effectiveness of medical cannabidiol in the 11 treatment of debilitating medical conditions. 12 Sec. 25. NEW SECTION . 124E.21 Employer regulation of 13 marijuana use. 14 1. Nothing in this chapter shall require an employer 15 to permit or accommodate the use, consumption, possession, 16 transfer, display, transportation, distribution, sale, or 17 growing of marijuana in the workplace. 18 2. Nothing in this chapter shall prohibit an employer from 19 implementing policies restricting the use of marijuana by 20 employees for the purpose of promoting workplace health and 21 safety. 22 3. Nothing in this chapter shall prohibit an employer 23 from including in a contract with an employee a provision 24 prohibiting the use of marijuana. 25 4. Nothing in this chapter shall prohibit an employer 26 from establishing and enforcing a zero-tolerance drug policy 27 or a drug-free workplace by use of a drug testing policy in 28 accordance with section 730.5 or any other procedures provided 29 by federal statutes, federal regulations, or orders issued 30 pursuant to federal law. 31 Sec. 26. NEW SECTION . 124E.22 Regulation of marijuana 32 use by government medical assistance programs, private health 33 insurers, and other entities. 34 Nothing in this chapter shall require a government 35 -7- HF2589.3664 (5) 88 ss/rh 7/ 9

medical assistance program, private health insurer, workers’ 1 compensation carrier, or self-insured employer providing 2 workers’ compensation benefits to reimburse a person for costs 3 associated with the medical use of marijuana. 4 Sec. 27. NEW SECTION . 124E.23 Regulation of marijuana use 5 on property. 6 Nothing in this chapter shall require a person that owns, 7 occupies, or controls a property to allow the use, consumption, 8 possession, transfer, display, transportation, distribution, 9 sale, or growing of marijuana on or in that property. 10 Sec. 28. NEW SECTION . 124E.24 Limitation of liability. 11 Nothing in this chapter shall create any claim, cause of 12 action, sanction, or penalty, for discrimination or under 13 any other theory of liability, under chapter 216 or any 14 other provision of law, based on an act, omission, policy, or 15 contractual provision permissible under this chapter including 16 but not limited to refusing to hire, discharging, disciplining, 17 discriminating, retaliating, or otherwise taking any adverse 18 employment action against a person with respect to hiring, 19 tenure, or any terms, conditions, or privileges of employment. 20 Sec. 29. NEW SECTION . 124E.25 Cannabis-derived products 21 —— exemption. 22 This chapter shall not apply to any cannabis-derived 23 investigational product or cannabis-derived product approved as 24 a prescription drug medication by the United States food and 25 drug administration. 26 Sec. 30. NEW SECTION . 124E.26 Applicability. 27 The provisions of this chapter apply notwithstanding any 28 other provision of law to the contrary. 29 Sec. 31. PROTECTION OF FEDERAL FUNDING. The department 30 of public health shall request guarantees from the agencies 31 of the federal government providing funding to educational 32 and long-term care facilities that facilities with policies 33 allowing patients to possess medical cannabidiol on the grounds 34 of the facilities consistent with chapter 124E or allowing 35 -8- HF2589.3664 (5) 88 ss/rh 8/ 9

facility staff to administer medical cannabidiol to a patient 1 shall not lose eligibility for any federal funding due to such 2 policies. 3 Sec. 32. TRANSITION PROVISIONS. A medical cannabidiol 4 registration card issued prior to July 1, 2020, remains 5 effective and continues in effect as issued for the 6 twelve-month period following its issuance. > 7 2. Title page, line 1, after < Act > by inserting < and 8 marijuana > 9 ______________________________ KLEIN of Washington -9- HF2589.3664 (5) 88 ss/rh 9/ 9 #2.