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
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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,
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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The
bill
repeals
Code
chapter
124D,
the
medical
cannabidiol
1
Act.
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