S.F. 2215 Section 1. Section 124.401, subsection 5, Code 2014, is 1 amended by adding the following new unnumbered paragraph: 2 NEW UNNUMBERED PARAGRAPH . A person may knowingly or 3 intentionally process, produce, possess, manufacture, 4 distribute, dispense, deliver, or transport marijuana if the 5 processing, production, possession, manufacture, distribution, 6 dispensing, delivery, or transporting is in accordance with the 7 provisions of chapter 124D. 8 Sec. 2. NEW SECTION . 124D.1 Short title. 9 This chapter shall be known and may be cited as the “Medical 10 Cannabis Act” . 11 Sec. 3. NEW SECTION . 124D.2 Purpose. 12 The purpose of this chapter is to allow for the medical use 13 of cannabis in a regulated program for alleviating symptoms 14 caused by debilitating medical conditions and the medical 15 treatments for such conditions. 16 Sec. 4. NEW SECTION . 124D.3 Definitions. 17 As used in this chapter, the following definitions shall 18 apply: 19 1. “Adequate supply” means an amount of cannabis, in any 20 form approved by the department, possessed by a qualified 21 patient or collectively possessed by a qualified patient and 22 the qualified patient’s primary caregiver that is determined 23 by department rule to be no more than reasonably necessary to 24 ensure the uninterrupted availability of cannabis for a period 25 of three months and that is derived solely from an intrastate 26 source. 27 2. “Cannabis” means all parts of the plants of the genus 28 cannabis, whether growing or not; the seeds thereof; the resin 29 extracted from any part of the plant; and every compound, 30 manufacture, salt, derivative, mixture, or preparation of the 31 plant, its seeds, or resin, including tetrahydrocannabinols. 32 “Cannabis” does not include the mature stalks of the plant; 33 fiber produced from the stalks; oil or cake made from the 34 seeds of the plant; any other compound, manufacture, salt, 35 -1- LSB 5136XS (20) 85 rh/nh 1/ 17

S.F. 2215 derivative, mixture, or preparation of the mature stalks, 1 except the resin extracted therefrom; fiber; or oil or cake 2 or the sterilized seed of the plant which is incapable of 3 germination. 4 3. “Debilitating medical condition” means any of the 5 following: 6 a. Cancer. 7 b. Multiple sclerosis. 8 c. Epilepsy. 9 d. AIDS or HIV as defined in section 141A.1. 10 e. Spinal cord damage with intractable spasticity. 11 f. Any other medical condition, medical treatment, or 12 disease approved by the department. 13 4. “Department” means the department of public health. 14 5. “Licensed producer” means any qualified patient, primary 15 caregiver, or nonprofit private entity within this state that 16 the department determines to be qualified to process, produce, 17 possess, manufacture, distribute, dispense, deliver, and 18 transport cannabis in this state pursuant to this chapter and 19 that is licensed by the department. A qualified patient or 20 primary caregiver licensed as a producer shall produce no more 21 than an adequate supply of cannabis for the qualified patient’s 22 personal use only. 23 6. “Medical use of cannabis” means the acquisition, 24 possession, cultivation, manufacture, use, delivery, transfer, 25 or transportation of cannabis or paraphernalia related to the 26 administration of cannabis to treat or alleviate a registered 27 qualifying patient’s debilitating medical condition or symptoms 28 associated with the patient’s debilitating medical condition. 29 7. “Practitioner” means a person licensed in this state to 30 prescribe and administer a controlled substance regulated under 31 chapter 124. 32 8. a. “Primary caregiver” means a resident of this state, 33 at least eighteen years of age, who has been designated by 34 the qualified patient’s practitioner or a person having legal 35 -2- LSB 5136XS (20) 85 rh/nh 2/ 17

S.F. 2215 custody of the qualified patient, as being necessary to take 1 responsibility for managing the well-being of a qualified 2 patient with respect to the medical use of cannabis pursuant 3 to the provisions of this chapter. A qualified patient may 4 designate one or more primary caregivers. 5 b. “Primary caregiver” includes an employee of a hospice 6 program, if the employee meets the definition of a primary 7 caregiver under paragraph “a” . 8 9. “Program” means the medical use of cannabis program 9 established and administered by the department pursuant to 10 rule. 11 10. “Qualified patient” means a resident of this state who 12 has been diagnosed by a practitioner as having a debilitating 13 medical condition and who has received written certification 14 and been issued a registry identification card pursuant to this 15 chapter. 16 11. “Registry identification card” means a document issued 17 by the department that identifies a person as a registered 18 qualified patient or registered primary caregiver. 19 12. “Written certification” means a statement signed by a 20 qualified patient’s practitioner that, in the practitioner’s 21 professional opinion, the patient has a debilitating medical 22 condition and the practitioner believes that the potential 23 health benefits of the medical use of cannabis would likely 24 outweigh the health risks for the qualified patient. A written 25 certification shall expire at the end of one year from the date 26 of issuance. 27 Sec. 5. NEW SECTION . 124D.4 Medical use of cannabis —— 28 exemption from criminal and civil penalties. 29 1. A qualified patient who has been issued and who possesses 30 a registry identification card shall not be subject to arrest 31 or prosecution, civil or criminal penalty, or the denial of 32 any right or privilege for the medical use of cannabis if the 33 quantity of cannabis does not exceed an adequate supply. 34 2. A qualified patient’s primary caregiver shall not be 35 -3- LSB 5136XS (20) 85 rh/nh 3/ 17

S.F. 2215 subject to arrest or prosecution, civil or criminal penalty, 1 or the denial of any right or privilege for the medical use of 2 cannabis on behalf of the qualified patient, if the quantity of 3 cannabis does not exceed an adequate supply. 4 3. Subsection 1 does not apply to a qualified patient under 5 the age of eighteen years unless all of the following apply: 6 a. The qualified patient’s practitioner has explained the 7 potential risks and benefits of the medical use of cannabis 8 to the qualified patient and to a parent, guardian, or person 9 having legal custody of the qualified patient. 10 b. A parent, guardian, or person having legal custody 11 consents in writing to do all of the following: 12 (1) Allow the qualified patient’s medical use of cannabis. 13 (2) Serve as the qualified patient’s primary caregiver. 14 (3) Control the dosage and the frequency of the medical use 15 of cannabis by the qualified patient. 16 (4) Designate one or more primary caregivers for the 17 qualified patient. 18 4. A qualified patient or a primary caregiver shall be 19 granted the full legal protections provided in this section if 20 the qualified patient or primary caregiver is in possession 21 of a registry identification card. If a qualified patient or 22 primary caregiver is arrested and is not in possession of the 23 person’s registry identification card, any charge or charges 24 filed against the person shall be dismissed by the court if the 25 person produces to the clerk of the district court, prior to 26 the initial court date, a registry identification card issued 27 to that person and valid at the time of the person’s arrest. 28 5. A practitioner shall not be subject to arrest or 29 prosecution, civil or criminal penalty, or the denial of any 30 right or privilege for recommending the medical use of cannabis 31 or for providing a written certification for the medical use of 32 cannabis pursuant to this chapter. 33 6. A licensed producer shall not be subject to arrest 34 or prosecution, civil or criminal penalty, or the denial 35 -4- LSB 5136XS (20) 85 rh/nh 4/ 17

S.F. 2215 of any right or privilege, for the processing, production, 1 possession, manufacture, distribution, dispensing, delivery, or 2 transporting of cannabis pursuant to this chapter. 3 7. Any property interest that is possessed, owned, or 4 used in connection with the medical use of cannabis, or acts 5 incidental to such use, and any property seized shall be 6 treated in accordance with the provisions of chapters 808, 809, 7 and 809A. Any such property seized is subject to forfeiture 8 as provided by chapter 809 or 809A. Cannabis, paraphernalia, 9 or other property seized from a qualified patient or primary 10 caregiver in connection with the claimed medical use of 11 cannabis shall be returned immediately upon the determination 12 by a court that the qualified patient or primary caregiver is 13 entitled to the protections of the provisions of this chapter, 14 as may be evidenced by a failure to actively investigate the 15 case, a decision not to prosecute, the dismissal of charges, 16 or acquittal. 17 8. A person shall not be subject to arrest or prosecution, 18 civil or criminal penalty, or the denial of any right or 19 privilege for a cannabis-related offense simply for being in 20 the presence of the medical use of cannabis as permitted under 21 the provisions of this chapter. 22 Sec. 6. NEW SECTION . 124D.5 Prohibitions, restrictions, and 23 limitations on the medical use of cannabis —— criminal penalties. 24 1. Participation in a medical use of cannabis program 25 by a qualified patient or primary caregiver does not relieve 26 the qualified patient or primary caregiver from any of the 27 following: 28 a. Criminal prosecution or civil penalties for activities 29 not authorized under this chapter. 30 b. Liability for damages or criminal prosecution arising 31 out of the operation of a vehicle while under the influence of 32 cannabis. 33 c. Criminal prosecution or civil penalty for possession or 34 use of cannabis in any of the following places: 35 -5- LSB 5136XS (20) 85 rh/nh 5/ 17

S.F. 2215 (1) In a school bus or public vehicle. 1 (2) On the grounds of any public or private preschool or 2 elementary or secondary school. 3 (3) In the workplace of the qualified patient’s or primary 4 caregiver’s employment. 5 (4) At a public park, recreation center, youth center, or 6 other public place. 7 2. A qualified patient or primary caregiver who makes 8 a fraudulent representation to a law enforcement officer 9 about the person’s medical use of cannabis to avoid arrest 10 or prosecution for a cannabis-related offense is guilty of a 11 simple misdemeanor. 12 3. A licensed producer who does any of the following shall 13 be subject to arrest, prosecution, and civil or criminal 14 penalties under state or federal law: 15 a. Sells, distributes, dispenses, delivers, or transfers 16 cannabis to a person not approved by the department pursuant to 17 this chapter. 18 b. Obtains, transports, or delivers cannabis outside this 19 state in violation of federal law. 20 Sec. 7. NEW SECTION . 124D.6 Medical advisory board —— 21 duties. 22 1. No later than August 15, 2014, the director of the 23 department shall establish a medical advisory board consisting 24 of eight practitioners representing the fields of neurology, 25 pain management, medical oncology, psychiatry, infectious 26 disease, family medicine, and gynecology. The practitioners 27 shall be nationally board-certified in their area of specialty 28 and knowledgeable about the medical use of cannabis. 29 2. Advisory board members shall be chosen for appointment by 30 the director from a list proposed by the Iowa medical society. 31 3. A quorum of the advisory board shall consist of five 32 members. 33 4. The advisory board shall have the following duties: 34 a. Review and recommend to the department for approval 35 -6- LSB 5136XS (20) 85 rh/nh 6/ 17

S.F. 2215 additional debilitating medical conditions for persons who 1 would benefit from the medical use of cannabis. 2 b. Accept and review petitions to add medical conditions, 3 medical treatments, or diseases to the list of debilitating 4 medical conditions that qualify for the medical use of 5 cannabis. 6 c. Convene at least twice per year to conduct public 7 hearings and to evaluate petitions, which shall be maintained 8 as confidential personal health information, to add medical 9 conditions, medical treatments, or diseases to the list of 10 debilitating medical conditions that qualify for the medical 11 use of cannabis. 12 d. Issue recommendations concerning rules to be adopted for 13 the issuance of registry identification cards. 14 e. Recommend quantities of cannabis that are necessary 15 to constitute an adequate supply for qualified patients and 16 primary caregivers. 17 f. Review actions of the department in approving or denying 18 registry identification card applications to ensure such 19 approvals and denials are issued pursuant to the requirements 20 of section 124D.8. In reviewing such actions, the advisory 21 board shall be subject to the same confidentiality restrictions 22 imposed on the department pursuant to section 124D.7, 23 subsection 2, paragraph “a” . 24 Sec. 8. NEW SECTION . 124D.7 Department rules and duties. 25 1. No later than October 1, 2014, and after consultation 26 with the medical advisory board, the department shall adopt 27 rules pursuant to chapter 17A to establish and implement a 28 medical use of cannabis program consistent with the purposes 29 of this chapter. The authority may adopt emergency rules 30 pursuant to chapter 17A to implement this section and the rules 31 shall be effective immediately upon filing unless a later date 32 is specified in the rules. The rules shall do all of the 33 following: 34 a. Govern the manner in which the department shall consider 35 -7- LSB 5136XS (20) 85 rh/nh 7/ 17

S.F. 2215 applications for new and renewal registry identification cards 1 and for qualified patients and primary caregivers. 2 b. Define the amount of cannabis that constitutes an 3 adequate supply, including amounts for topical treatments. 4 c. Identify criteria and set forth procedures for including 5 additional medical conditions, medical treatments, or diseases 6 on the list of debilitating medical conditions that qualify 7 for the medical use of cannabis. Procedures shall include a 8 petition process and shall allow for public comment and public 9 hearings before the medical advisory board. 10 d. Set forth additional medical conditions, medical 11 treatments, or diseases for inclusion on the list of 12 debilitating medical conditions that qualify for the medical 13 use of cannabis as recommended by the medical advisory board. 14 e. Establish requirements for the licensure of producers and 15 set forth procedures to obtain licenses. 16 f. Develop a distribution system for medical cannabis within 17 this state that provides for all of the following: 18 (1) Cannabis production facilities within this state housed 19 on secured grounds and operated by licensed producers. 20 (2) The distribution of medical cannabis to qualified 21 patients and their primary caregivers to occur at locations 22 designated by the department. 23 g. Establish application and renewal fees that generate 24 revenues sufficient to offset all expenses of implementing and 25 administering this chapter. 26 h. Specify and implement procedures that address public 27 safety including security procedures and product quality, 28 safety, and labeling. 29 2. The department shall do all of the following: 30 a. Maintain a confidential file containing the names 31 and addresses of the persons who have either applied for or 32 received a registry identification card. Individual names 33 contained in the file shall be confidential and shall not be 34 subject to disclosure, except as provided in subparagraph (1). 35 -8- LSB 5136XS (20) 85 rh/nh 8/ 17

S.F. 2215 (1) Information in the confidential file maintained 1 pursuant to this paragraph “a” may be released to the following 2 persons under the following circumstances: 3 (a) To authorized employees or agents of the department as 4 necessary to perform the duties of the department pursuant to 5 this chapter. 6 (b) To authorized employees of state or local law 7 enforcement agencies, but only for the purpose of verifying 8 that a person is lawfully in possession of a registry 9 identification card issued pursuant to this chapter. 10 (2) Release of information pursuant to subparagraph 11 (1) shall be consistent with the federal Health Insurance 12 Portability and Accountability Act of 1996, Pub. L. No. 13 104-191. 14 b. Submit an annual report to the general assembly by 15 January 15 of each year that does not disclose any identifying 16 information about registry identification cardholders or 17 practitioners, but does contain, at a minimum, all of the 18 following information: 19 (1) The number of applications and renewal applications 20 submitted for registry identification cards. 21 (2) The number of registered qualifying patients and 22 registered primary caregivers in each county. 23 (3) The nature of the debilitating medical conditions of the 24 qualifying patients. 25 (4) The number of registry identification cards revoked. 26 (5) The number of practitioners providing written 27 certifications for qualifying patients. 28 (6) The sufficiency of the overall supply available to 29 qualified patients statewide. 30 Sec. 9. NEW SECTION . 124D.8 Registry identification cards. 31 1. The department shall issue a registry identification 32 card to a qualified patient and to any primary caregiver for 33 the qualified patient, if the qualified patient and primary 34 caregiver submit all of the following in an application to the 35 -9- LSB 5136XS (20) 85 rh/nh 9/ 17

S.F. 2215 department, in accordance with the department’s rules: 1 a. A written certification. 2 b. The name, address, and date of birth of the qualified 3 patient. 4 c. The name, address, and telephone number of the qualified 5 patient’s practitioner. 6 d. The name, address, and date of birth of any primary 7 caregiver for the qualified patient. 8 2. a. The department shall verify the information contained 9 in an application submitted pursuant to subsection 1 and 10 shall approve or deny an application within thirty days of 11 receipt. The department may deny an application only if the 12 applicant did not provide the information required pursuant 13 to subsection 1 or if the department determines that the 14 information provided was falsified. A person whose application 15 has been denied shall not be allowed to reapply for a registry 16 identification card for six months from the date of the denial 17 unless otherwise authorized by the department. 18 b. The department’s approval or denial of an application 19 under this section shall be subject to review by the medical 20 advisory board. 21 3. The department shall issue a registry identification 22 card within thirty days of receiving an application or a 23 renewal application. The card shall expire one year after the 24 date of issuance. 25 4. A registry identification card shall contain all of the 26 following: 27 a. The name, address, and date of birth of the qualified 28 patient and any primary caregiver. 29 b. The date of issuance and expiration date of the registry 30 identification card. 31 c. Any other information that the department may require by 32 rule. 33 5. The department shall issue a registry identification 34 card to any primary caregiver named in the qualified patient’s 35 -10- LSB 5136XS (20) 85 rh/nh 10/ 17

S.F. 2215 approved application or renewal application provided the 1 primary caregiver meets the requirements of section 124D.3, 2 subsection 8. 3 6. A qualified patient or primary caregiver who possesses 4 a registry identification card shall notify the department of 5 any change in the person’s name or address, qualified patient’s 6 practitioner, or qualified patient’s primary caregiver, or 7 any change in status of the qualified patient’s debilitating 8 medical condition within ten days of the change. 9 7. Possession of or application for a registry 10 identification card shall not constitute probable cause or 11 give rise to reasonable suspicion for a governmental agency 12 to search the person or property of the person possessing or 13 applying for the card. 14 Sec. 10. NEW SECTION . 124D.9 Medical cannabis dispensaries 15 prohibited. 16 1. The establishment and operation of any medical cannabis 17 dispensary in this state is prohibited. For purposes of this 18 section, “medical cannabis dispensary” means any facility, 19 establishment, or location, whether fixed or mobile, where 20 medical cannabis is made available to, distributed by, or 21 distributed to any person and that is not licensed pursuant to 22 this chapter. 23 2. A violation of subsection 1 shall be enforced by means of 24 civil enforcement through a restraining order, a preliminary or 25 permanent injunction, or by any other means authorized under 26 law. 27 Sec. 11. Section 453B.6, Code 2014, is amended to read as 28 follows: 29 453B.6 Pharmaceuticals. 30 1. This chapter does not require persons lawfully in 31 possession of a taxable substance to pay the tax required under 32 this chapter or to purchase, acquire, or affix the stamps, 33 labels, or other official indicia otherwise required by this 34 chapter . 35 -11- LSB 5136XS (20) 85 rh/nh 11/ 17

S.F. 2215 2. A person who is in possession of cannabis for medical 1 use in accordance with chapter 124D is in lawful possession of 2 a taxable substance and is not subject to the requirements of 3 this chapter. 4 Sec. 12. TRANSITION PROVISIONS. 5 1. During the period between July 1, 2014, and thirty days 6 after the effective date of rules adopted by the department 7 of public health for the establishment and implementation of 8 a medical use of cannabis program pursuant to section 124D.7, 9 as enacted in this Act, a person who would be eligible for 10 treatment for a debilitating medical condition through the 11 medical use of cannabis as a qualified patient may obtain a 12 written certification from a practitioner and upon presentation 13 of that certification to the department, the department 14 shall issue a temporary certificate for participation in 15 the program. The department shall maintain a list of all 16 temporary certificates issued pursuant to this section and the 17 confidentiality provisions of section 124D.7, subsection 2, as 18 enacted in this Act, shall apply to such list. 19 2. A person possessing a temporary certificate pursuant to 20 subsection 1 shall not be subject to arrest or prosecution, 21 civil or criminal penalty, or the denial of any right or 22 privilege for the medical use of cannabis if the amount of 23 cannabis is not more than the amount that is specified on the 24 temporary certificate issued by the department. 25 3. For purposes of this section, “cannabis”, “debilitating 26 medication condition”, “medical use of cannabis”, 27 “practitioner”, “program”, “qualified patient”, and “written 28 certification” mean the same as defined in section 124D.3, as 29 enacted in this Act. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the creation of the medical cannabis 34 Act and provides for civil and criminal penalties and fees and 35 -12- LSB 5136XS (20) 85 rh/nh 12/ 17

S.F. 2215 includes effective date provisions. 1 The bill establishes new Code chapter 124D, the medical 2 cannabis Act, to allow for the medical use of cannabis for 3 alleviating symptoms caused by debilitating medical conditions 4 and their medical treatments. The bill defines “medical use 5 of cannabis” to mean the acquisition, possession, cultivation, 6 manufacture, use, delivery, transfer, or transportation of 7 cannabis or related paraphernalia to treat or alleviate a 8 registered qualifying patient’s debilitating medical condition 9 as defined in the bill. The bill defines “cannabis” to mean 10 all parts of the plants of the genus cannabis, whether growing 11 or not; the seeds thereof; the resin extracted from any part of 12 the plant; and every compound, manufacture, salt, derivative, 13 mixture, or preparation of the plant, its seeds, or resin, 14 including tetrahydrocannabinols. It does not include the 15 mature stalks of the plant; fiber produced from the stalks; oil 16 or cake made from the seeds of the plant; any other compound, 17 manufacture, salt, derivative, mixture, or preparation of the 18 mature stalks, except the resin extracted therefrom; fiber; 19 or oil or cake or the sterilized seed of the plant which is 20 incapable of germination (see also Code section 124.101(19)). 21 The bill provides that a qualified patient who has been 22 issued and who possesses a registry identification card issued 23 by the Iowa department of public health shall not be subject to 24 arrest or prosecution, civil or criminal penalty, or the denial 25 of any right or privilege for the medical use of cannabis if 26 the quantity of cannabis does not exceed an adequate supply. 27 The bill also provides the same immunity for a qualified 28 patient’s primary caregiver and for a licensed producer. 29 The bill defines a qualified patient as a resident of this 30 state who has been diagnosed by a practitioner as having a 31 debilitating medical condition as specified in the bill and 32 who has received written certification and has been issued 33 a registry identification card pursuant to the new Code 34 chapter. A qualified patient may designate one or more primary 35 -13- LSB 5136XS (20) 85 rh/nh 13/ 17

S.F. 2215 caregivers. A primary caregiver is defined as a resident of 1 this state, at least 18 years old, who has been designated by 2 the patient’s practitioner or a person having legal custody of 3 the qualified patient as being necessary to take responsibility 4 for managing the well-being of a qualified patient with respect 5 to the medical use of cannabis pursuant to the provisions of 6 the bill. “Licensed producer” is defined as any qualified 7 patient, primary caregiver, or nonprofit private entity within 8 this state that the department of public health determines 9 to be qualified to process, produce, possess, manufacture, 10 distribute, dispense, deliver, and transport cannabis in this 11 state under the bill. A qualified patient or primary caregiver 12 licensed as a producer shall produce no more than an adequate 13 supply of cannabis for the patient’s personal use only. 14 “Practitioner” is defined as a person licensed in this state to 15 prescribe and administer a controlled substance regulated under 16 Code chapter 124. 17 The bill provides that participation in the medical use of 18 cannabis program by a qualified patient or primary caregiver 19 does not relieve the qualified patient or primary caregiver 20 from prosecution or civil penalties for activities not 21 authorized under the bill, liability for damages or criminal 22 prosecution arising out of the operation of a vehicle while 23 under the influence of cannabis or other criminal prosecution 24 or civil penalties for possession or use of cannabis in certain 25 situations. A qualified patient or primary caregiver who 26 makes a fraudulent representation to a law enforcement officer 27 about the person’s medical use of cannabis to avoid arrest 28 or prosecution for a cannabis-related offense is guilty of a 29 simple misdemeanor. 30 The bill directs the department of public health to 31 establish a medical advisory board no later than August 15, 32 2014, consisting of eight practitioners representing the fields 33 of neurology, pain management, medical oncology, psychiatry, 34 infectious disease, family medicine, and gynecology. The 35 -14- LSB 5136XS (20) 85 rh/nh 14/ 17

S.F. 2215 practitioners shall be nationally board-certified in their 1 area of specialty and knowledgeable about the medical use of 2 cannabis and appointed by the director from a list proposed by 3 the Iowa medical society. The advisory board is required to 4 review and recommend to the department for approval additional 5 debilitating medical conditions for persons who would benefit 6 from the medical use of cannabis, accept and review petitions 7 to add medical conditions, medical treatments, or diseases 8 to the list of debilitating medical conditions that qualify 9 for the medical use of cannabis, meet at least twice per year 10 to conduct public hearings and to evaluate petitions to add 11 medical conditions, medical treatments, or diseases to the 12 list of debilitating medical conditions that qualify for the 13 medical use of cannabis, issue recommendations concerning rules 14 to be adopted for the issuance of registry identification 15 cards, recommend quantities of cannabis that are necessary 16 to constitute an adequate supply for qualified patients and 17 primary caregivers, and review actions of the department in 18 approving or denying registry identification card applications. 19 The department is required to adopt rules pursuant to 20 Code chapter 17A to establish and implement a medical use of 21 cannabis program consistent with the purpose of the bill no 22 later than October 1, 2014. The department is authorized to 23 adopt emergency rules pursuant to Code chapter 17A. The rules 24 shall relate to applications for new and renewal registry 25 identification cards and for qualified patients and primary 26 caregivers, the amount of cannabis that constitutes an adequate 27 supply for purposes of the bill, including amounts for topical 28 treatments, criteria and procedures for including additional 29 medical conditions, medical treatments, or diseases as 30 debilitating medical conditions that qualify for the medical 31 use of cannabis, requirements for the licensure of producers, 32 the development of a distribution system for medical cannabis 33 within this state, the establishment of application and 34 renewal fees that generate revenues sufficient to offset all 35 -15- LSB 5136XS (20) 85 rh/nh 15/ 17

S.F. 2215 expenses of implementing and administering the Code chapter, 1 and specify and implement procedures that address public safety 2 including security procedures and product quality, safety, 3 and labeling. The department is to maintain confidential 4 information collected pursuant to the bill and provide for the 5 release of certain information to certain persons under certain 6 confidentiality guidelines and to submit an annual report to 7 the general assembly by January 15 of each year. 8 The department is also required to issue a registry 9 identification card to a qualified patient and any primary 10 caregiver named in the qualified patient’s application, if the 11 qualified patient and each primary caregiver submit certain 12 information in an application to the department. The bill 13 provides that possession of or application for a registry 14 identification card shall not constitute probable cause or 15 give rise to reasonable suspicion for a governmental agency 16 to search the person or property of the person possessing or 17 applying for the card. 18 The bill prohibits the establishment and operation of any 19 unlicensed medical cannabis dispensary in this state. The bill 20 defines “medical cannabis dispensary” to mean any facility, 21 establishment, or location, whether fixed or mobile, where 22 medical cannabis is made available to, distributed by, or 23 distributed to any person and that is not licensed pursuant 24 to the bill. A violation of this provision shall be enforced 25 by means of civil enforcement through a restraining order, a 26 preliminary or permanent injunction, or by any other means 27 authorized under the law. 28 The bill provides a transition period to specify that 29 during the period between July 1, 2014, and 30 days after the 30 effective date of rules adopted by the department, a person 31 who would be eligible for treatment for a debilitating medical 32 condition under the bill through the medical use of cannabis 33 as a qualified patient may obtain a written certification from 34 a practitioner and upon presentation of that certification to 35 -16- LSB 5136XS (20) 85 rh/nh 16/ 17

S.F. 2215 the department of public health, the department shall issue 1 a temporary certificate for the medical use of marijuana. 2 The department shall maintain a confidential list of all 3 temporary certificates issued pursuant to the bill. A person 4 possessing a temporary certificate shall not be subject to 5 arrest, prosecution, civil or criminal penalty, or the denial 6 of any right or privilege for the medical use of cannabis 7 if the amount of cannabis is not more than the amount that 8 is specified on the temporary certificate issued by the 9 department. 10 The bill amends Code section 124.401, relating to prohibited 11 acts involving controlled substances, to provide that it is 12 lawful for a person to knowingly or intentionally process, 13 produce, possess, manufacture, distribute, dispense, deliver, 14 or transport marijuana if such activities are in accordance 15 with the provisions of the bill. The bill also amends 16 Code section 453B.6, relating to tax stamps for controlled 17 substances, to specify that possession of cannabis in 18 accordance with the provisions of the bill is lawful possession 19 and a tax stamp is not required. 20 -17- LSB 5136XS (20) 85 rh/nh 17/ 17