House File 2087 - Introduced HOUSE FILE 2087 BY HUNTER A BILL FOR An Act relating to the creation of the medical cannabis Act and 1 providing for criminal penalties and fees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5420YH (4) 86 rh/rj
H.F. 2087 Section 1. Section 124.401, subsection 5, unnumbered 1 paragraph 3, Code 2016, is amended to read as follows: 2 A person may knowingly or intentionally recommend, possess, 3 use, dispense, deliver, transport, or administer cannabidiol 4 cannabis if the recommendation, possession, use, dispensing, 5 delivery, transporting, or administering is in accordance with 6 the provisions of chapter 124D 124E . For purposes of this 7 paragraph, “cannabidiol” “cannabis” means the same as defined in 8 section 124D.2 124E.3 . 9 Sec. 2. NEW SECTION . 124E.1 Short title. 10 This chapter shall be known and may be cited as the “Medical 11 Cannabis Act” . 12 Sec. 3. NEW SECTION . 124E.2 Purpose. 13 The purpose of this chapter is to allow for the medical use 14 of cannabis in a regulated program for alleviating symptoms 15 caused by debilitating medical conditions and the medical 16 treatments for such conditions. 17 Sec. 4. NEW SECTION . 124E.3 Definitions. 18 As used in this chapter: 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 5420YH (4) 86 rh/rj 1/ 16
H.F. 2087 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. Glaucoma. 8 c. Multiple sclerosis. 9 d. Epilepsy. 10 e. AIDS or HIV as defined in section 141A.1. 11 f. Spinal cord damage with intractable spasticity. 12 g. Any other medical condition, medical treatment, or 13 disease approved by the department. 14 4. “Department” means the department of public health. 15 5. “Licensed producer” means any qualified patient, primary 16 caregiver, or nonprofit private entity within this state that 17 the department determines to be qualified to process, produce, 18 possess, manufacture, distribute, dispense, deliver, and 19 transport cannabis in this state pursuant to this chapter and 20 that is licensed by the department. A qualified patient or 21 primary caregiver licensed as a producer shall produce no more 22 than an adequate supply of cannabis for the qualified patient’s 23 personal use only. 24 6. “Medical use of cannabis” means the acquisition, 25 possession, cultivation, manufacture, use, delivery, transfer, 26 or transportation of cannabis or paraphernalia related to the 27 administration of cannabis to treat or alleviate a registered 28 qualified patient’s debilitating medical condition or symptoms 29 associated with the patient’s debilitating medical condition. 30 7. “Practitioner” means a person licensed in this state to 31 prescribe and administer a controlled substance regulated under 32 chapter 124. 33 8. a. “Primary caregiver” means a resident of this state, 34 at least eighteen years of age, who has been designated by 35 -2- LSB 5420YH (4) 86 rh/rj 2/ 16
H.F. 2087 the qualified patient’s practitioner or a person having legal 1 custody of the qualified patient, as being necessary to take 2 responsibility for managing the well-being of a qualified 3 patient with respect to the medical use of cannabis pursuant 4 to the provisions of this chapter. A qualified patient may 5 designate one or more primary caregivers. 6 b. “Primary caregiver” includes an employee of a hospice 7 program, if the employee meets the definition of a primary 8 caregiver under paragraph “a” . 9 9. “Program” means the medical use of cannabis program 10 established and administered by the department pursuant to 11 rule. 12 10. “Qualified patient” means a resident of this state who 13 has been diagnosed by a practitioner as having a debilitating 14 medical condition and who has received written certification 15 and been issued a registry identification card pursuant to this 16 chapter. 17 11. “Registry identification card” means a document issued 18 by the department that identifies a person as a registered 19 qualified patient or registered primary caregiver. 20 12. “Written certification” means a statement signed by a 21 qualified patient’s practitioner that, in the practitioner’s 22 professional opinion, the patient has a debilitating medical 23 condition and the practitioner believes that the potential 24 health benefits of the medical use of cannabis would likely 25 outweigh the health risks for the qualified patient. A written 26 certification shall expire at the end of one year from the date 27 of issuance. 28 Sec. 5. NEW SECTION . 124E.4 Medical use of cannabis —— 29 exemption from criminal and civil penalties. 30 1. A qualified patient who has been issued and who possesses 31 a registry identification card shall not be subject to arrest 32 or prosecution, civil or criminal penalty, or the denial of 33 any right or privilege for the medical use of cannabis if the 34 quantity of cannabis does not exceed an adequate supply. 35 -3- LSB 5420YH (4) 86 rh/rj 3/ 16
H.F. 2087 2. A qualified patient’s primary caregiver shall not be 1 subject to arrest or prosecution, civil or criminal penalty, 2 or the denial of any right or privilege for the medical use of 3 cannabis on behalf of the qualified patient, if the quantity of 4 cannabis does not exceed an adequate supply. 5 3. Subsection 1 does not apply to a qualified patient under 6 the age of eighteen years unless all of the following apply: 7 a. The qualified patient’s practitioner has explained the 8 potential risks and benefits of the medical use of cannabis 9 to the qualified patient and to a parent, guardian, or person 10 having legal custody of the qualified patient. 11 b. A parent, guardian, or person having legal custody agrees 12 in writing to do all of the following: 13 (1) Allow the qualified patient’s medical use of cannabis. 14 (2) Serve as the qualified patient’s primary caregiver. 15 (3) Control the dosage and the frequency of the medical use 16 of cannabis by the qualified patient. 17 (4) Designate one or more primary caregivers for the 18 qualified patient. 19 4. A qualified patient or a primary caregiver shall be 20 granted the full legal protections provided in this section if 21 the qualified patient or primary caregiver is in possession 22 of a registry identification card. If a qualified patient or 23 primary caregiver is arrested and is not in possession of the 24 person’s registry identification card, any charge or charges 25 filed against the person shall be dismissed by the court if the 26 person produces to the clerk of the district court, prior to 27 the initial court date, a registry identification card issued 28 to that person and valid at the time of the person’s arrest. 29 5. A practitioner shall not be subject to arrest or 30 prosecution, civil or criminal penalty, or the denial of any 31 right or privilege for recommending the medical use of cannabis 32 or for providing a written certification for the medical use of 33 cannabis pursuant to this chapter. 34 6. A licensed producer shall not be subject to arrest 35 -4- LSB 5420YH (4) 86 rh/rj 4/ 16
H.F. 2087 or prosecution, civil or criminal penalty, or the denial 1 of any right or privilege, for the processing, production, 2 possession, manufacture, distribution, dispensing, delivery, or 3 transporting of cannabis pursuant to this chapter. 4 7. Any property interest that is possessed, owned, or 5 used in connection with the medical use of cannabis, or acts 6 incidental to such use, and any property seized shall be 7 treated in accordance with the provisions of chapters 808, 809, 8 and 809A. Any such property seized is subject to forfeiture 9 as provided by chapter 809 or 809A. Cannabis, paraphernalia, 10 or other property seized from a qualified patient or primary 11 caregiver in connection with the claimed medical use of 12 cannabis shall be returned immediately upon the determination 13 by a court that the qualified patient or primary caregiver is 14 entitled to the protections of the provisions of this chapter, 15 as may be evidenced by a failure to actively investigate the 16 case, a decision not to prosecute, the dismissal of charges, 17 or acquittal. 18 8. A person shall not be subject to arrest or prosecution, 19 civil or criminal penalty, or the denial of any right or 20 privilege for a cannabis-related offense simply for being in 21 the presence of the medical use of cannabis as permitted under 22 the provisions of this chapter. 23 Sec. 6. NEW SECTION . 124E.5 Prohibitions, restrictions, and 24 limitations on the medical use of cannabis —— criminal penalties. 25 1. Participation in a medical use of cannabis program 26 by a qualified patient or primary caregiver does not relieve 27 the qualified patient or primary caregiver from any of the 28 following: 29 a. Criminal prosecution or civil penalties for activities 30 not authorized under this chapter. 31 b. Criminal prosecution or liability for damages arising 32 out of the operation of a vehicle while under the influence of 33 cannabis. 34 c. Criminal prosecution or civil penalties for possession or 35 -5- LSB 5420YH (4) 86 rh/rj 5/ 16
H.F. 2087 use of cannabis in any of the following places: 1 (1) In a school bus or public vehicle. 2 (2) On the grounds of any public or private preschool or 3 elementary or secondary school. 4 (3) In the workplace of the qualified patient’s or primary 5 caregiver’s employment. 6 (4) At a public park, recreation center, youth center, or 7 other public place. 8 2. A qualified patient or primary caregiver who makes 9 a fraudulent representation to a law enforcement officer 10 about the person’s medical use of cannabis to avoid arrest 11 or prosecution for a cannabis-related offense is guilty of a 12 simple misdemeanor. 13 3. A licensed producer who does any of the following shall 14 be subject to arrest, prosecution, and civil or criminal 15 penalties under state or federal law: 16 a. Sells, distributes, dispenses, delivers, or transfers 17 cannabis to a person not approved by the department pursuant to 18 this chapter. 19 b. Obtains, transports, or delivers cannabis outside this 20 state in violation of federal law. 21 Sec. 7. NEW SECTION . 124E.6 Medical cannabis advisory board 22 —— duties. 23 1. No later than August 15, 2016, the director of public 24 health shall establish a medical cannabis advisory board 25 consisting of eight practitioners representing the fields of 26 neurology, pain management, medical oncology, psychiatry, 27 infectious disease, family medicine, and gynecology. The 28 practitioners shall be nationally board-certified in their 29 area of specialty and knowledgeable about the medical use of 30 cannabis. 31 2. Advisory board members shall be chosen for appointment by 32 the director from a list proposed by the Iowa medical society. 33 3. A quorum of the advisory board shall consist of five 34 members. 35 -6- LSB 5420YH (4) 86 rh/rj 6/ 16
H.F. 2087 4. The advisory board shall have the following duties: 1 a. Review and recommend to the department for approval 2 additional debilitating medical conditions for persons who 3 would benefit from the medical use of cannabis. 4 b. Accept and review petitions to add medical conditions, 5 medical treatments, or diseases to the list of debilitating 6 medical conditions that qualify for the medical use of 7 cannabis. 8 c. Convene at least twice per year to conduct public 9 hearings and to evaluate petitions, which shall be maintained 10 as confidential personal health information, to add medical 11 conditions, medical treatments, or diseases to the list of 12 debilitating medical conditions that qualify for the medical 13 use of cannabis. 14 d. Issue recommendations concerning rules to be adopted for 15 the issuance of registry identification cards. 16 e. Recommend quantities of cannabis that are necessary 17 to constitute an adequate supply for qualified patients and 18 primary caregivers. 19 f. Review actions of the department in approving or denying 20 registry identification card applications to ensure such 21 approvals and denials are issued pursuant to the requirements 22 of section 124E.8. In reviewing such actions, the advisory 23 board shall be subject to the same confidentiality restrictions 24 imposed on the department pursuant to section 124E.7, 25 subsection 2, paragraph “a” . 26 Sec. 8. NEW SECTION . 124E.7 Department rules and duties. 27 1. No later than October 1, 2016, and after consultation 28 with the medical cannabis advisory board, the department shall 29 adopt rules pursuant to chapter 17A to establish and implement 30 a medical use of cannabis program consistent with the purposes 31 of this chapter. The department may adopt emergency rules 32 pursuant to chapter 17A to implement this section and the rules 33 shall be effective immediately upon filing unless a later date 34 is specified in the rules. The rules shall do all of the 35 -7- LSB 5420YH (4) 86 rh/rj 7/ 16
H.F. 2087 following: 1 a. Govern the manner in which the department shall consider 2 applications for new and renewal registry identification cards 3 and for qualified patients and primary caregivers. 4 b. Define the amount of cannabis that constitutes an 5 adequate supply, including amounts for topical treatments. 6 c. Identify criteria and set forth procedures for including 7 additional medical conditions, medical treatments, or diseases 8 on the list of debilitating medical conditions that qualify 9 for the medical use of cannabis. Procedures shall include a 10 petition process and shall allow for public comment and public 11 hearings before the advisory board. 12 d. Set forth additional medical conditions, medical 13 treatments, or diseases for inclusion on the list of 14 debilitating medical conditions that qualify for the medical 15 use of cannabis as recommended by the advisory board. 16 e. Establish requirements for the licensure of producers and 17 set forth procedures to obtain licenses. 18 f. Develop a distribution system for cannabis within 19 this state under this chapter that provides for all of the 20 following: 21 (1) Cannabis production facilities within this state housed 22 on secured grounds and operated by licensed producers. 23 (2) The distribution of cannabis to qualified patients 24 and their primary caregivers under this chapter at locations 25 designated by the department. 26 g. Establish application and renewal fees that generate 27 revenues sufficient to offset all expenses of implementing and 28 administering this chapter. 29 h. Specify and implement procedures that address public 30 safety including security procedures and product quality, 31 safety, and labeling. 32 2. The department shall do all of the following: 33 a. Maintain a confidential file containing the names 34 and addresses of the persons who have either applied for or 35 -8- LSB 5420YH (4) 86 rh/rj 8/ 16
H.F. 2087 received a registry identification card. Individual names 1 contained in the file shall be confidential and shall not be 2 subject to disclosure, except as provided in subparagraph (1). 3 (1) Information in the confidential file maintained 4 pursuant to this paragraph “a” may be released to the following 5 persons under the following circumstances: 6 (a) To authorized employees or agents of the department as 7 necessary to perform the duties of the department pursuant to 8 this chapter. 9 (b) To authorized employees of state or local law 10 enforcement agencies, but only for the purpose of verifying 11 that a person is lawfully in possession of a registry 12 identification card issued pursuant to this chapter. 13 (2) Release of information pursuant to subparagraph 14 (1) shall be consistent with the federal Health Insurance 15 Portability and Accountability Act of 1996, Pub. L. No. 16 104-191. 17 b. Submit an annual report to the general assembly by 18 January 15 of each year that does not disclose any identifying 19 information about registry identification cardholders or 20 practitioners, but does contain, at a minimum, all of the 21 following information: 22 (1) The number of applications and renewal applications 23 submitted for registry identification cards. 24 (2) The number of registered qualified patients and 25 registered primary caregivers in each county. 26 (3) The nature of the debilitating medical conditions of the 27 qualified patients. 28 (4) The number of registry identification cards revoked. 29 (5) The number of practitioners providing written 30 certifications for qualified patients. 31 (6) The sufficiency of the overall supply of cannabis 32 available to qualified patients statewide. 33 Sec. 9. NEW SECTION . 124E.8 Registry identification cards. 34 1. The department shall issue a registry identification 35 -9- LSB 5420YH (4) 86 rh/rj 9/ 16
H.F. 2087 card to a qualified patient and to any primary caregiver for 1 the qualified patient, if the qualified patient and primary 2 caregiver submit all of the following in an application to the 3 department, in accordance with the department’s rules: 4 a. A written certification. 5 b. The name, address, and date of birth of the qualified 6 patient. 7 c. The name, address, and telephone number of the qualified 8 patient’s practitioner. 9 d. The name, address, and date of birth of any primary 10 caregiver for the qualified patient. 11 2. a. The department shall verify the information contained 12 in an application submitted pursuant to subsection 1 and 13 shall approve or deny an application within thirty days of 14 receipt. The department may deny an application only if the 15 applicant did not provide the information required pursuant 16 to subsection 1 or if the department determines that the 17 information provided was falsified. A person whose application 18 has been denied shall not be allowed to reapply for a registry 19 identification card for six months from the date of the denial 20 unless otherwise authorized by the department. 21 b. The department’s approval or denial of an application 22 under this section shall be subject to review by the medical 23 cannabis advisory board. 24 3. The department shall issue a registry identification 25 card within thirty days of receiving an application or a 26 renewal application. The card shall expire one year after the 27 date of issuance. 28 4. A registry identification card shall contain all of the 29 following: 30 a. The name, address, and date of birth of the qualified 31 patient and of any primary caregiver. 32 b. The date of issuance and expiration date of the registry 33 identification card. 34 c. Any other information that the department may require by 35 -10- LSB 5420YH (4) 86 rh/rj 10/ 16
H.F. 2087 rule. 1 5. The department shall issue a registry identification 2 card to any primary caregiver named in the qualified patient’s 3 approved application or renewal application provided the 4 primary caregiver meets the definitional requirements of 5 section 124E.3, subsection 8. 6 6. A qualified patient or primary caregiver who possesses 7 a registry identification card shall notify the department of 8 any change in the person’s name or address, qualified patient’s 9 practitioner, or qualified patient’s primary caregiver, or 10 any change in status of the qualified patient’s debilitating 11 medical condition within ten days of the change. 12 7. Possession of or application for a registry 13 identification card shall not constitute probable cause or 14 give rise to reasonable suspicion for a governmental agency 15 to search the person or property of the person possessing or 16 applying for the card. 17 Sec. 10. REPEAL. Chapter 124D, Code 2016, is repealed. 18 Sec. 11. EMERGENCY RULES. The department may adopt 19 emergency rules under section 17A.4, subsection 3, and section 20 17A.5, subsection 2, paragraph “b”, to implement the provisions 21 of this Act and the rules shall be effective immediately upon 22 filing unless a later date is specified in the rules. Any 23 rules adopted in accordance with this section shall also be 24 published as a notice of intended action as provided in section 25 17A.4. 26 Sec. 12. TRANSITION PROVISIONS. A medical cannabis 27 registration card issued under chapter 124D prior to July 1, 28 2016, remains effective and continues in effect as issued for 29 the twelve-month period following its issuance. This Act does 30 not preclude the permit holder from seeking to renew the permit 31 under this Act prior to the expiration of the twelve-month 32 period. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -11- LSB 5420YH (4) 86 rh/rj 11/ 16
H.F. 2087 the explanation’s substance by the members of the general assembly. 1 This bill creates the medical cannabis Act and provides for 2 criminal penalties and fees. 3 The bill amends Code section 124.401, relating to prohibited 4 acts involving controlled substances, to provide that it is 5 lawful for a person to knowingly or intentionally recommend, 6 possess, use, dispense, deliver, transport, or administer 7 medical cannabis if the recommendation, possession, use, 8 dispensing, delivery, transporting, or administering is in 9 accordance with the provisions of the bill. 10 The bill establishes new Code chapter 124E, the medical 11 cannabis Act, to allow for the medical use of cannabis for 12 alleviating symptoms caused by debilitating medical conditions 13 and their medical treatments. The bill defines “medical use 14 of cannabis” to mean the acquisition, possession, cultivation, 15 manufacture, use, delivery, transfer, or transportation of 16 cannabis or related paraphernalia to treat or alleviate a 17 registered qualified patient’s debilitating medical condition 18 as defined in the bill. The bill defines “cannabis” to mean 19 all parts of the plants of the genus cannabis, whether growing 20 or not; the seeds thereof; the resin extracted from any part of 21 the plant; and every compound, manufacture, salt, derivative, 22 mixture, or preparation of the plant, its seeds, or resin, 23 including tetrahydrocannabinols. It does not include the 24 mature stalks of the plant; fiber produced from the stalks; oil 25 or cake made from the seeds of the plant; any other compound, 26 manufacture, salt, derivative, mixture, or preparation of the 27 mature stalks, except the resin extracted therefrom; fiber; 28 or oil or cake or the sterilized seed of the plant which is 29 incapable of germination (see also Code section 124.101(19)). 30 The bill provides that a qualified patient who has been 31 issued and who possesses a registry identification card issued 32 by the Iowa department of public health shall not be subject to 33 arrest or prosecution, civil or criminal penalty, or the denial 34 of any right or privilege for the medical use of cannabis if 35 -12- LSB 5420YH (4) 86 rh/rj 12/ 16
H.F. 2087 the quantity of cannabis does not exceed an adequate supply. 1 The bill also provides the same immunity for a qualified 2 patient’s primary caregiver and for a licensed producer. 3 The bill defines a qualified patient as a resident of this 4 state who has been diagnosed by a practitioner as having a 5 debilitating medical condition as specified in the bill and 6 who has received written certification by a practitioner and 7 has been issued a registry identification card pursuant to the 8 new Code chapter. A qualified patient may designate one or 9 more primary caregivers. A primary caregiver is defined as a 10 resident of this state, at least 18 years old, who has been 11 designated by the patient’s practitioner or a person having 12 legal custody of the qualified patient as being necessary to 13 take responsibility for managing the well-being of a qualified 14 patient with respect to the medical use of cannabis pursuant 15 to the provisions of the bill. “Licensed producer” is defined 16 as any qualified patient, primary caregiver, or nonprofit 17 private entity within this state that the department of public 18 health determines to be qualified to process, produce, possess, 19 manufacture, distribute, dispense, deliver, and transport 20 cannabis in this state under the bill. A qualified patient or 21 primary caregiver licensed as a producer shall produce no more 22 than an adequate supply of cannabis for the patient’s personal 23 use only. “Practitioner” is defined as a person licensed in 24 this state to prescribe and administer a controlled substance 25 regulated under Code chapter 124. 26 The bill provides that participation in the medical use of 27 cannabis program by a qualified patient or primary caregiver 28 does not relieve the qualified patient or primary caregiver 29 from prosecution or civil penalties for activities not 30 authorized under the bill, liability for damages or criminal 31 prosecution arising out of the operation of a vehicle while 32 under the influence of cannabis, or other criminal prosecution 33 or civil penalties for possession or use of cannabis in certain 34 situations. A qualified patient or primary caregiver who 35 -13- LSB 5420YH (4) 86 rh/rj 13/ 16
H.F. 2087 makes a fraudulent representation to a law enforcement officer 1 about the person’s medical use of cannabis to avoid arrest 2 or prosecution for a cannabis-related offense is guilty of a 3 simple misdemeanor. 4 The bill directs the department of public health to 5 establish a medical cannabis advisory board no later 6 than August 15, 2016, consisting of eight practitioners 7 representing the fields of neurology, pain management, medical 8 oncology, psychiatry, infectious disease, family medicine, 9 and gynecology. The practitioners shall be nationally 10 board-certified in their area of specialty and knowledgeable 11 about the medical use of cannabis and appointed by the 12 director of public health from a list proposed by the Iowa 13 medical society. The advisory board is required to review 14 and recommend to the department for approval additional 15 debilitating medical conditions for persons who would benefit 16 from the medical use of cannabis, accept and review petitions 17 to add medical conditions, medical treatments, or diseases 18 to the list of debilitating medical conditions that qualify 19 for the medical use of cannabis, meet at least twice per year 20 to conduct public hearings and to evaluate petitions to add 21 medical conditions, medical treatments, or diseases to the 22 list of debilitating medical conditions that qualify for the 23 medical use of cannabis, issue recommendations concerning rules 24 to be adopted for the issuance of registry identification 25 cards, recommend quantities of cannabis that are necessary 26 to constitute an adequate supply for qualified patients and 27 primary caregivers, and review actions of the department in 28 approving or denying registry identification card applications. 29 The department is required to adopt rules pursuant to 30 Code chapter 17A to establish and implement a medical use of 31 cannabis program consistent with the purpose of the bill no 32 later than October 1, 2016. The department is authorized to 33 adopt emergency rules pursuant to Code chapter 17A. The rules 34 shall relate to applications for new and renewal registry 35 -14- LSB 5420YH (4) 86 rh/rj 14/ 16
H.F. 2087 identification cards and for qualified patients and primary 1 caregivers, the amount of cannabis that constitutes an adequate 2 supply for purposes of the bill, including amounts for topical 3 treatments, criteria and procedures for including additional 4 medical conditions, medical treatments, or diseases as 5 debilitating medical conditions that qualify for the medical 6 use of cannabis, requirements for the licensure of producers, 7 the development of a distribution system for medical cannabis 8 within this state, the establishment of application and renewal 9 fees that generate revenues sufficient to offset all expenses 10 of implementing and administering the new Code chapter, and 11 specify and implement procedures that address public safety 12 including security procedures and product quality, safety, 13 and labeling. The department is to maintain confidential 14 information collected pursuant to the bill and provide for the 15 release of certain information to certain persons under certain 16 confidentiality guidelines and to submit an annual report to 17 the general assembly by January 15 of each year. 18 The department is also required to issue a registry 19 identification card to a qualified patient and any primary 20 caregiver named in the qualified patient’s application, if the 21 qualified patient and each primary caregiver submit certain 22 information in an application to the department. The bill 23 provides that possession of or application for a registry 24 identification card shall not constitute probable cause or 25 give rise to reasonable suspicion for a governmental agency 26 to search the person or property of the person possessing or 27 applying for the card. 28 The bill provides that the department may adopt emergency 29 rules and the rules shall be effective immediately upon filing 30 unless a later date is specified in the rules. 31 The bill provides that a medical cannabis registration card 32 issued under Code chapter 124D (medical cannabidiol Act) prior 33 to July 1, 2015, shall remain effective and continues in effect 34 as issued for the 12-month period following its issuance. 35 -15- LSB 5420YH (4) 86 rh/rj 15/ 16
H.F. 2087 The bill repeals Code chapter 124D, the medical cannabidiol 1 Act. 2 -16- LSB 5420YH (4) 86 rh/rj 16/ 16