House
File
198
-
Introduced
HOUSE
FILE
198
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
2017,
is
amended
to
read
as
follows:
2
A
person
may
knowingly
or
intentionally
recommend,
process,
3
produce,
possess,
use,
dispense,
deliver,
transport,
or
4
administer
cannabidiol
cannabis
if
the
recommendation,
5
processing,
production,
possession,
use,
dispensing,
delivery,
6
transporting,
or
administering
is
in
accordance
with
the
7
provisions
of
chapter
124D
124E
.
For
purposes
of
this
8
paragraph,
“cannabidiol”
“cannabis”
means
the
same
as
defined
in
9
section
124D.2
124E.3
.
10
Sec.
2.
NEW
SECTION
.
124E.1
Short
title.
11
This
chapter
shall
be
known
and
may
be
cited
as
the
“Medical
12
Cannabis
Act”
.
13
Sec.
3.
NEW
SECTION
.
124E.2
Purpose.
14
The
purpose
of
this
chapter
is
to
allow
for
the
medical
use
15
of
cannabis
in
a
regulated
program
for
alleviating
symptoms
16
caused
by
debilitating
medical
conditions
and
the
medical
17
treatments
for
such
conditions.
18
Sec.
4.
NEW
SECTION
.
124E.3
Definitions.
19
As
used
in
this
chapter:
20
1.
“Adequate
supply”
means
an
amount
of
cannabis,
in
any
21
form
approved
by
the
department,
possessed
by
a
qualified
22
patient
or
collectively
possessed
by
a
qualified
patient
and
23
the
qualified
patient’s
primary
caregiver
that
is
determined
24
by
department
rule
to
be
no
more
than
reasonably
necessary
to
25
ensure
the
uninterrupted
availability
of
cannabis
for
a
period
26
of
three
months
and
that
is
derived
solely
from
an
intrastate
27
source.
28
2.
“Cannabis”
means
all
parts
of
the
plants
of
the
genus
29
Cannabis,
whether
growing
or
not;
the
seeds
thereof;
the
resin
30
extracted
from
any
part
of
the
plant;
and
every
compound,
31
manufacture,
salt,
derivative,
mixture,
or
preparation
of
the
32
plant,
its
seeds,
or
resin,
including
tetrahydrocannabinols.
33
“Cannabis”
does
not
include
the
mature
stalks
of
the
plant;
34
fiber
produced
from
the
stalks;
oil
or
cake
made
from
the
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seeds
of
the
plant;
any
other
compound,
manufacture,
salt,
1
derivative,
mixture,
or
preparation
of
the
mature
stalks,
2
except
the
resin
extracted
therefrom;
fiber;
or
oil
or
cake
3
or
the
sterilized
seed
of
the
plant
which
is
incapable
of
4
germination.
5
3.
“Debilitating
medical
condition”
means
any
of
the
6
following:
7
a.
Cancer.
8
b.
Glaucoma.
9
c.
Multiple
sclerosis.
10
d.
Epilepsy.
11
e.
AIDS
or
HIV
as
defined
in
section
141A.1.
12
f.
Spinal
cord
damage
with
intractable
spasticity.
13
g.
Any
other
medical
condition,
medical
treatment,
or
14
disease
approved
by
the
department.
15
4.
“Department”
means
the
department
of
public
health.
16
5.
“Licensed
producer”
means
any
qualified
patient,
primary
17
caregiver,
or
nonprofit
private
entity
within
this
state
that
18
the
department
determines
to
be
qualified
to
process,
produce,
19
possess,
manufacture,
distribute,
dispense,
deliver,
and
20
transport
cannabis
in
this
state
pursuant
to
this
chapter
and
21
that
is
licensed
by
the
department.
A
qualified
patient
or
22
primary
caregiver
licensed
as
a
producer
shall
produce
no
more
23
than
an
adequate
supply
of
cannabis
for
the
qualified
patient’s
24
personal
use
only.
25
6.
“Medical
use
of
cannabis”
means
the
acquisition,
26
possession,
cultivation,
manufacture,
use,
delivery,
transfer,
27
or
transportation
of
cannabis
or
paraphernalia
related
to
the
28
administration
of
cannabis
to
treat
or
alleviate
a
registered
29
qualified
patient’s
debilitating
medical
condition
or
symptoms
30
associated
with
the
patient’s
debilitating
medical
condition.
31
7.
“Practitioner”
means
a
person
licensed
in
this
state
to
32
prescribe
and
administer
a
controlled
substance
regulated
under
33
chapter
124.
34
8.
a.
“Primary
caregiver”
means
a
resident
of
this
state,
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at
least
eighteen
years
of
age,
who
has
been
designated
by
1
a
qualified
patient’s
practitioner
or
a
person
having
legal
2
custody
of
a
qualified
patient,
as
being
necessary
to
take
3
responsibility
for
managing
the
well-being
of
the
qualified
4
patient
with
respect
to
the
medical
use
of
cannabis
pursuant
to
5
the
provisions
of
this
chapter.
A
qualified
patient
may
have
6
more
than
one
primary
caregiver.
7
b.
“Primary
caregiver”
includes
an
employee
of
a
hospice
8
program,
if
the
employee
meets
the
definition
of
a
primary
9
caregiver
under
paragraph
“a”
.
10
9.
“Program”
means
the
medical
use
of
cannabis
program
11
established
and
administered
by
the
department
pursuant
to
12
rule.
13
10.
“Qualified
patient”
means
a
resident
of
this
state
who
14
has
been
diagnosed
by
a
practitioner
as
having
a
debilitating
15
medical
condition
and
who
has
received
written
certification
16
and
been
issued
a
registry
identification
card
pursuant
to
this
17
chapter.
18
11.
“Registry
identification
card”
means
a
document
issued
19
by
the
department
that
identifies
a
person
as
a
registered
20
qualified
patient
or
registered
primary
caregiver.
21
12.
“Written
certification”
means
a
statement
signed
by
a
22
qualified
patient’s
practitioner
that,
in
the
practitioner’s
23
professional
opinion,
the
patient
has
a
debilitating
medical
24
condition
and
the
practitioner
believes
that
the
potential
25
health
benefits
of
the
medical
use
of
cannabis
would
likely
26
outweigh
the
health
risks
for
the
qualified
patient.
A
written
27
certification
shall
expire
at
the
end
of
one
year
from
the
date
28
of
issuance.
29
Sec.
5.
NEW
SECTION
.
124E.4
Medical
use
of
cannabis
——
30
exemption
from
criminal
and
civil
penalties.
31
1.
A
qualified
patient
who
has
been
issued
and
who
possesses
32
a
registry
identification
card
shall
not
be
subject
to
arrest
33
or
prosecution,
civil
or
criminal
penalty,
or
the
denial
of
any
34
right
or
privilege
regarding
the
medical
use
of
cannabis
if
the
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quantity
of
cannabis
does
not
exceed
an
adequate
supply.
1
2.
A
qualified
patient’s
primary
caregiver
shall
not
be
2
subject
to
arrest
or
prosecution,
civil
or
criminal
penalty,
or
3
the
denial
of
any
right
or
privilege
regarding
the
medical
use
4
of
cannabis
on
behalf
of
the
qualified
patient,
if
the
quantity
5
of
cannabis
does
not
exceed
an
adequate
supply.
6
3.
Subsection
1
does
not
apply
to
a
qualified
patient
under
7
the
age
of
eighteen
years
unless
all
of
the
following
apply:
8
a.
The
qualified
patient’s
practitioner
has
explained
the
9
potential
risks
and
benefits
of
the
medical
use
of
cannabis
10
to
the
qualified
patient
and
to
a
parent,
guardian,
or
person
11
having
legal
custody
of
the
qualified
patient.
12
b.
A
parent,
guardian,
or
person
having
legal
custody
agrees
13
in
writing
to
do
all
of
the
following:
14
(1)
Allow
the
qualified
patient’s
medical
use
of
cannabis.
15
(2)
Serve
as
the
qualified
patient’s
primary
caregiver.
16
(3)
Control
the
dosage
and
the
frequency
of
the
medical
use
17
of
cannabis
by
the
qualified
patient.
18
(4)
Designate
one
or
more
primary
caregivers
for
the
19
qualified
patient.
20
4.
A
qualified
patient
or
a
primary
caregiver
shall
be
21
granted
the
full
legal
protections
provided
in
this
section
if
22
the
qualified
patient
or
primary
caregiver
is
in
possession
23
of
a
registry
identification
card.
If
a
qualified
patient
or
24
primary
caregiver
is
arrested
and
is
not
in
possession
of
the
25
person’s
registry
identification
card,
any
charge
or
charges
26
filed
against
the
person
shall
be
dismissed
by
the
court
if
the
27
person
produces
to
the
clerk
of
the
district
court,
prior
to
28
the
initial
court
date,
a
registry
identification
card
issued
29
to
that
person
and
valid
at
the
time
of
the
person’s
arrest.
30
5.
A
practitioner
shall
not
be
subject
to
arrest
or
31
prosecution,
civil
or
criminal
penalty,
or
the
denial
of
32
any
right
or
privilege,
for
recommending
the
medical
use
of
33
cannabis
or
for
providing
a
written
certification
for
the
34
medical
use
of
cannabis
pursuant
to
this
chapter.
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6.
A
licensed
producer
shall
not
be
subject
to
arrest
1
or
prosecution,
civil
or
criminal
penalty,
or
the
denial
2
of
any
right
or
privilege,
for
the
processing,
production,
3
possession,
manufacture,
distribution,
dispensing,
delivery,
or
4
transporting
of
cannabis
pursuant
to
this
chapter.
5
7.
Any
property
interest
that
is
possessed,
owned,
or
6
used
in
connection
with
the
medical
use
of
cannabis,
or
acts
7
incidental
to
such
use,
and
any
property
seized
shall
be
8
treated
in
accordance
with
the
provisions
of
chapters
808,
809,
9
and
809A.
Any
such
property
seized
is
subject
to
forfeiture
10
as
provided
by
chapter
809
or
809A.
Cannabis,
paraphernalia,
11
or
other
property
seized
from
a
qualified
patient
or
primary
12
caregiver
in
connection
with
the
claimed
medical
use
of
13
cannabis
shall
be
returned
immediately
upon
the
determination
14
by
a
court
that
the
qualified
patient
or
primary
caregiver
is
15
entitled
to
the
protections
of
the
provisions
of
this
chapter,
16
as
may
be
evidenced
by
a
failure
to
actively
investigate
the
17
case,
a
decision
not
to
prosecute,
the
dismissal
of
charges,
18
or
acquittal.
19
8.
A
person
shall
not
be
subject
to
arrest
or
prosecution,
20
civil
or
criminal
penalty,
or
the
denial
of
any
right
or
21
privilege
for
a
cannabis-related
offense
simply
for
being
in
22
the
presence
of
the
medical
use
of
cannabis
as
permitted
under
23
the
provisions
of
this
chapter.
24
Sec.
6.
NEW
SECTION
.
124E.5
Prohibitions,
restrictions,
and
25
limitations
on
the
medical
use
of
cannabis
——
criminal
penalties.
26
1.
Participation
in
a
medical
use
of
cannabis
program
27
by
a
qualified
patient
or
primary
caregiver
does
not
relieve
28
the
qualified
patient
or
primary
caregiver
from
any
of
the
29
following:
30
a.
Criminal
prosecution
or
civil
penalties
for
activities
31
not
authorized
under
this
chapter.
32
b.
Criminal
prosecution
or
liability
for
damages
arising
33
out
of
the
operation
of
a
vehicle
while
under
the
influence
of
34
cannabis.
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c.
Criminal
prosecution
or
civil
penalties
for
possession
or
1
use
of
cannabis
in
any
of
the
following
places:
2
(1)
In
a
school
bus
or
public
vehicle.
3
(2)
On
the
grounds
of
any
public
or
private
preschool
or
4
elementary
or
secondary
school.
5
(3)
In
the
workplace
of
the
qualified
patient’s
or
primary
6
caregiver’s
employment.
7
(4)
At
a
public
park,
recreation
center,
youth
center,
or
8
other
public
place.
9
2.
A
qualified
patient
or
primary
caregiver
who
makes
10
a
fraudulent
representation
to
a
law
enforcement
officer
11
about
the
person’s
medical
use
of
cannabis
to
avoid
arrest
12
or
prosecution
for
a
cannabis-related
offense
is
guilty
of
a
13
simple
misdemeanor.
14
3.
A
licensed
producer
who
does
any
of
the
following
shall
15
be
subject
to
arrest,
prosecution,
and
civil
or
criminal
16
penalties
under
state
or
federal
law:
17
a.
Sells,
distributes,
dispenses,
delivers,
transfers,
or
18
transports
cannabis
to
a
person
not
approved
by
the
department
19
pursuant
to
this
chapter.
20
b.
Obtains,
sells,
distributes,
dispenses,
delivers,
21
transfers,
or
transports
cannabis
outside
this
state
in
22
violation
of
federal
law.
23
Sec.
7.
NEW
SECTION
.
124E.6
Medical
cannabis
advisory
24
council
——
duties.
25
1.
No
later
than
August
15,
2017,
the
director
of
public
26
health
shall
establish
a
medical
cannabis
advisory
council
27
consisting
of
eight
practitioners
representing
the
fields
of
28
neurology,
pain
management,
medical
oncology,
psychiatry,
29
infectious
disease,
family
medicine,
and
gynecology.
The
30
practitioners
shall
be
nationally
board-certified
in
their
31
area
of
specialty
and
knowledgeable
about
the
medical
use
of
32
cannabis.
33
2.
Advisory
council
members
shall
be
chosen
for
appointment
34
by
the
director
from
a
list
proposed
by
the
Iowa
medical
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society.
1
3.
A
quorum
of
the
advisory
council
shall
consist
of
five
2
members.
3
4.
The
advisory
council
shall
have
the
following
duties:
4
a.
Review
and
recommend
to
the
department
for
approval
5
additional
debilitating
medical
conditions
for
persons
who
6
would
benefit
from
the
medical
use
of
cannabis.
7
b.
Accept
and
review
petitions
to
add
medical
conditions,
8
medical
treatments,
or
diseases
to
the
list
of
debilitating
9
medical
conditions
that
qualify
for
the
medical
use
of
10
cannabis.
11
c.
Convene
at
least
twice
per
year
to
conduct
public
12
hearings
and
to
evaluate
petitions,
which
shall
be
maintained
13
as
confidential
personal
health
information,
to
add
medical
14
conditions,
medical
treatments,
or
diseases
to
the
list
of
15
debilitating
medical
conditions
that
qualify
for
the
medical
16
use
of
cannabis.
17
d.
Issue
recommendations
concerning
rules
to
be
adopted
for
18
the
issuance
of
registry
identification
cards.
19
e.
Recommend
quantities
of
cannabis
that
are
necessary
20
to
constitute
an
adequate
supply
for
qualified
patients
and
21
primary
caregivers.
22
f.
Review
actions
of
the
department
in
approving
or
23
denying
registry
identification
card
applications
to
ensure
24
such
approvals
and
denials
are
issued
pursuant
to
the
25
requirements
of
section
124E.8.
In
reviewing
such
actions,
the
26
advisory
council
shall
be
subject
to
the
same
confidentiality
27
restrictions
imposed
on
the
department
pursuant
to
section
28
124E.7,
subsection
2,
paragraph
“a”
.
29
Sec.
8.
NEW
SECTION
.
124E.7
Department
rules
and
duties.
30
1.
No
later
than
October
1,
2017,
and
after
consultation
31
with
the
medical
cannabis
advisory
council,
the
department
32
shall
adopt
rules
pursuant
to
chapter
17A
to
establish
and
33
implement
a
medical
use
of
cannabis
program
consistent
with
the
34
purposes
of
this
chapter.
The
department
may
adopt
emergency
35
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rules
pursuant
to
chapter
17A
to
implement
this
section
and
the
1
rules
shall
be
effective
immediately
upon
filing
unless
a
later
2
date
is
specified
in
the
rules.
The
rules
shall
do
all
of
the
3
following:
4
a.
Govern
the
manner
in
which
the
department
shall
consider
5
applications
for
new
and
renewal
registry
identification
cards
6
for
qualified
patients
and
primary
caregivers.
7
b.
Define
the
amount
of
cannabis
that
constitutes
an
8
adequate
supply,
including
amounts
for
topical
treatments.
9
c.
Identify
criteria
and
set
forth
procedures
for
including
10
additional
medical
conditions,
medical
treatments,
or
diseases
11
on
the
list
of
debilitating
medical
conditions
that
qualify
12
for
the
medical
use
of
cannabis.
Procedures
shall
include
a
13
petition
process
and
shall
allow
for
public
comment
and
public
14
hearings
before
the
advisory
council.
15
d.
Set
forth
additional
medical
conditions,
medical
16
treatments,
or
diseases
for
inclusion
on
the
list
of
17
debilitating
medical
conditions
that
qualify
for
the
medical
18
use
of
cannabis
as
recommended
by
the
advisory
council.
19
e.
Establish
requirements
for
the
licensure
of
producers
and
20
set
forth
procedures
to
obtain
licenses.
21
f.
Develop
a
distribution
system
for
cannabis
within
22
this
state
under
this
chapter
that
provides
for
all
of
the
23
following:
24
(1)
Cannabis
production
facilities
within
this
state
housed
25
on
secured
grounds
and
operated
by
licensed
producers.
26
(2)
The
distribution
of
cannabis
to
qualified
patients
27
and
their
primary
caregivers
under
this
chapter
at
locations
28
designated
by
the
department.
29
g.
Establish
application
and
renewal
fees
that
generate
30
revenues
sufficient
to
offset
all
expenses
of
implementing
and
31
administering
this
chapter.
32
h.
Specify
and
implement
procedures
that
address
public
33
safety
including
security
procedures
and
product
quality,
34
safety,
and
labeling.
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2.
The
department
shall
do
all
of
the
following:
1
a.
Maintain
a
confidential
file
containing
the
names
2
and
addresses
of
the
persons
who
have
either
applied
for
or
3
received
a
registry
identification
card.
Individual
names
4
contained
in
the
file
shall
be
confidential
and
shall
not
be
5
subject
to
disclosure,
except
as
provided
in
subparagraph
(1).
6
(1)
Information
in
the
confidential
file
maintained
7
pursuant
to
this
paragraph
“a”
may
be
released
to
the
following
8
persons
under
the
following
circumstances:
9
(a)
To
authorized
employees
or
agents
of
the
department
as
10
necessary
to
perform
the
duties
of
the
department
pursuant
to
11
this
chapter.
12
(b)
To
authorized
employees
of
state
or
local
law
13
enforcement
agencies,
but
only
for
the
purpose
of
verifying
14
that
a
person
is
lawfully
in
possession
of
a
registry
15
identification
card
issued
pursuant
to
this
chapter.
16
(2)
Release
of
information
pursuant
to
subparagraph
17
(1)
shall
be
consistent
with
the
federal
Health
Insurance
18
Portability
and
Accountability
Act
of
1996,
Pub.
L.
No.
19
104-191.
20
b.
Submit
an
annual
report
to
the
general
assembly
by
21
January
15
of
each
year
that
does
not
disclose
any
identifying
22
information
about
registry
identification
cardholders
or
23
practitioners,
but
does
contain,
at
a
minimum,
all
of
the
24
following
information:
25
(1)
The
number
of
applications
and
renewal
applications
26
submitted
for
registry
identification
cards.
27
(2)
The
number
of
registered
qualified
patients
and
28
registered
primary
caregivers
in
each
county.
29
(3)
The
nature
of
the
debilitating
medical
conditions
of
the
30
qualified
patients.
31
(4)
The
number
of
registry
identification
cards
revoked.
32
(5)
The
number
of
practitioners
providing
written
33
certifications
for
qualified
patients.
34
(6)
The
sufficiency
of
the
overall
supply
of
cannabis
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available
to
qualified
patients
statewide.
1
Sec.
9.
NEW
SECTION
.
124E.8
Registry
identification
cards.
2
1.
The
department
shall
issue
a
registry
identification
3
card
to
a
qualified
patient
and
to
any
primary
caregiver
for
4
the
qualified
patient,
if
the
qualified
patient
and
primary
5
caregiver
submit
all
of
the
following
in
an
application
to
the
6
department,
in
accordance
with
the
department’s
rules:
7
a.
A
written
certification.
8
b.
The
name,
address,
and
date
of
birth
of
the
qualified
9
patient.
10
c.
The
name,
address,
and
telephone
number
of
the
qualified
11
patient’s
practitioner.
12
d.
The
name,
address,
and
date
of
birth
of
any
primary
13
caregiver
for
the
qualified
patient.
14
2.
a.
The
department
shall
verify
the
information
contained
15
in
an
application
submitted
pursuant
to
subsection
1
and
16
shall
approve
or
deny
an
application
within
thirty
days
of
17
receipt.
The
department
may
deny
an
application
only
if
the
18
applicant
did
not
provide
the
information
required
pursuant
19
to
subsection
1
or
if
the
department
determines
that
the
20
information
provided
was
falsified.
A
person
whose
application
21
has
been
denied
shall
not
be
allowed
to
reapply
for
a
registry
22
identification
card
for
six
months
from
the
date
of
the
denial
23
unless
otherwise
authorized
by
the
department.
24
b.
The
department’s
approval
or
denial
of
an
application
25
under
this
section
shall
be
subject
to
review
by
the
medical
26
cannabis
advisory
council.
27
3.
The
department
shall
issue
a
registry
identification
28
card
within
thirty
days
of
receiving
an
application
or
a
29
renewal
application.
The
card
shall
expire
one
year
after
the
30
date
of
issuance.
31
4.
A
registry
identification
card
shall
contain
all
of
the
32
following:
33
a.
The
name,
address,
and
date
of
birth
of
the
qualified
34
patient
and
of
any
primary
caregiver.
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b.
The
date
of
issuance
and
expiration
date
of
the
registry
1
identification
card.
2
c.
Any
other
information
that
the
department
may
require
by
3
rule.
4
5.
The
department
shall
issue
a
registry
identification
5
card
to
any
primary
caregiver
named
in
the
qualified
patient’s
6
approved
application
or
renewal
application
provided
the
7
primary
caregiver
meets
the
definitional
requirements
of
8
section
124E.3,
subsection
8.
9
6.
A
qualified
patient
or
primary
caregiver
who
possesses
10
a
registry
identification
card
shall
notify
the
department
of
11
any
change
in
the
person’s
name
or
address,
qualified
patient’s
12
practitioner,
or
qualified
patient’s
primary
caregiver,
or
13
any
change
in
status
of
the
qualified
patient’s
debilitating
14
medical
condition
within
ten
days
of
the
change.
15
7.
Possession
of
or
application
for
a
registry
16
identification
card
shall
not
constitute
probable
cause
or
17
give
rise
to
reasonable
suspicion
for
a
governmental
agency
18
to
search
the
person
or
property
of
the
person
possessing
or
19
applying
for
the
card.
20
Sec.
10.
EMERGENCY
RULES.
The
department
may
adopt
21
emergency
rules
under
section
17A.4,
subsection
3,
and
section
22
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
23
of
this
Act
and
the
rules
shall
be
effective
immediately
upon
24
filing
unless
a
later
date
is
specified
in
the
rules.
Any
25
rules
adopted
in
accordance
with
this
section
shall
also
be
26
published
as
a
notice
of
intended
action
as
provided
in
section
27
17A.4.
28
Sec.
11.
TRANSITION
PROVISIONS.
A
cannabidiol
registration
29
card
issued
under
chapter
124D
prior
to
the
effective
date
30
of
this
Act,
remains
effective
and
continues
in
effect
as
31
issued
for
the
twelve-month
period
following
its
issuance.
32
This
Act
does
not
preclude
the
permit
holder
from
seeking
to
33
renew
the
permit
under
this
Act
prior
to
the
expiration
of
the
34
twelve-month
period.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
creates
the
medical
cannabis
Act
and
provides
for
4
criminal
penalties.
5
The
bill
amends
Code
section
124.401,
relating
to
prohibited
6
acts
involving
controlled
substances,
to
provide
that
it
is
7
lawful
for
a
person
to
knowingly
or
intentionally
recommend,
8
process,
produce,
possess,
use,
dispense,
deliver,
transport,
9
or
administer
medical
cannabis
if
the
recommendation,
10
processing,
production,
possession,
use,
dispensing,
delivery,
11
transporting,
or
administering
is
in
accordance
with
the
12
provisions
of
the
bill.
13
The
bill
establishes
new
Code
chapter
124E,
the
medical
14
cannabis
Act,
to
allow
for
the
medical
use
of
cannabis
for
15
alleviating
symptoms
caused
by
debilitating
medical
conditions
16
and
their
medical
treatments.
The
bill
defines
“medical
use
17
of
cannabis”
to
mean
the
acquisition,
possession,
cultivation,
18
manufacture,
use,
delivery,
transfer,
or
transportation
of
19
cannabis
or
related
paraphernalia
to
treat
or
alleviate
a
20
registered
qualified
patient’s
debilitating
medical
condition
21
as
defined
in
the
bill.
The
bill
defines
“cannabis”
to
mean
22
all
parts
of
the
plants
of
the
genus
cannabis,
whether
growing
23
or
not;
the
seeds
thereof;
the
resin
extracted
from
any
part
of
24
the
plant;
and
every
compound,
manufacture,
salt,
derivative,
25
mixture,
or
preparation
of
the
plant,
its
seeds,
or
resin,
26
including
tetrahydrocannabinols.
It
does
not
include
the
27
mature
stalks
of
the
plant;
fiber
produced
from
the
stalks;
oil
28
or
cake
made
from
the
seeds
of
the
plant;
any
other
compound,
29
manufacture,
salt,
derivative,
mixture,
or
preparation
of
the
30
mature
stalks,
except
the
resin
extracted
therefrom;
fiber;
31
or
oil
or
cake
or
the
sterilized
seed
of
the
plant
which
is
32
incapable
of
germination
(see
also
Code
section
124.101(19)).
33
The
bill
provides
that
a
qualified
patient
who
has
been
34
issued
and
who
possesses
a
registry
identification
card
issued
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by
the
department
of
public
health
shall
not
be
subject
to
1
arrest
or
prosecution,
civil
or
criminal
penalty,
or
the
denial
2
of
any
right
or
privilege
regarding
the
medical
use
of
cannabis
3
if
the
quantity
of
cannabis
does
not
exceed
an
adequate
supply.
4
The
bill
also
provides
the
same
immunity
for
a
qualified
5
patient’s
primary
caregiver
and
for
a
licensed
producer.
6
The
bill
defines
a
qualified
patient
as
a
resident
of
this
7
state
who
has
been
diagnosed
by
a
practitioner
as
having
a
8
debilitating
medical
condition
as
specified
in
the
bill
and
9
who
has
received
written
certification
by
a
practitioner
and
10
has
been
issued
a
registry
identification
card
pursuant
to
the
11
new
Code
chapter.
A
qualified
patient
may
designate
one
or
12
more
primary
caregivers.
A
primary
caregiver
is
defined
as
a
13
resident
of
this
state,
at
least
18
years
old,
who
has
been
14
designated
by
the
patient’s
practitioner
or
a
person
having
15
legal
custody
of
the
qualified
patient
as
being
necessary
to
16
take
responsibility
for
managing
the
well-being
of
a
qualified
17
patient
with
respect
to
the
medical
use
of
cannabis
pursuant
18
to
the
provisions
of
the
bill.
“Licensed
producer”
is
defined
19
as
any
qualified
patient,
primary
caregiver,
or
nonprofit
20
private
entity
within
this
state
that
the
department
of
public
21
health
determines
to
be
qualified
to
process,
produce,
possess,
22
manufacture,
distribute,
dispense,
deliver,
and
transport
23
cannabis
in
this
state
under
the
bill.
A
qualified
patient
or
24
primary
caregiver
licensed
as
a
producer
shall
produce
no
more
25
than
an
adequate
supply
of
cannabis
for
the
patient’s
personal
26
use
only.
“Practitioner”
is
defined
as
a
person
licensed
in
27
this
state
to
prescribe
and
administer
a
controlled
substance
28
regulated
under
Code
chapter
124.
29
The
bill
provides
that
participation
in
the
medical
use
of
30
cannabis
program
by
a
qualified
patient
or
primary
caregiver
31
does
not
relieve
the
qualified
patient
or
primary
caregiver
32
from
prosecution
or
civil
penalties
for
activities
not
33
authorized
under
the
bill,
liability
for
damages
or
criminal
34
prosecution
arising
out
of
the
operation
of
a
vehicle
while
35
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under
the
influence
of
cannabis,
or
other
criminal
prosecution
1
or
civil
penalties
for
possession
or
use
of
cannabis
in
certain
2
situations.
A
qualified
patient
or
primary
caregiver
who
3
makes
a
fraudulent
representation
to
a
law
enforcement
officer
4
about
the
person’s
medical
use
of
cannabis
to
avoid
arrest
5
or
prosecution
for
a
cannabis-related
offense
is
guilty
of
a
6
simple
misdemeanor.
7
The
bill
directs
the
department
of
public
health
to
8
establish
a
medical
cannabis
advisory
council
no
later
9
than
August
15,
2017,
consisting
of
eight
practitioners
10
representing
the
fields
of
neurology,
pain
management,
medical
11
oncology,
psychiatry,
infectious
disease,
family
medicine,
12
and
gynecology.
The
practitioners
shall
be
nationally
13
board-certified
in
their
area
of
specialty
and
knowledgeable
14
about
the
medical
use
of
cannabis
and
appointed
by
the
15
director
of
public
health
from
a
list
proposed
by
the
Iowa
16
medical
society.
The
advisory
council,
among
other
duties
as
17
specified
in
the
bill,
is
required
to
review
and
recommend
to
18
the
department
for
approval
additional
debilitating
medical
19
conditions
and
accept
and
review
petitions
to
add
medical
20
conditions,
medical
treatments,
or
diseases
to
the
list
of
21
debilitating
medical
conditions
that
qualify
for
the
medical
22
use
of
cannabis.
23
The
department
is
required
to
adopt
rules
pursuant
to
24
Code
chapter
17A
to
establish
and
implement
a
medical
use
of
25
cannabis
program
consistent
with
the
purpose
of
the
bill
no
26
later
than
October
1,
2017,
and
may
adopt
emergency
rules.
The
27
department
is
required
to
maintain
confidential
information
28
collected
pursuant
to
the
bill
and
provide
for
the
release
of
29
certain
information
to
certain
persons
under
confidentiality
30
guidelines
and
to
submit
an
annual
report
to
the
general
31
assembly
by
January
15
of
each
year.
32
The
department
is
also
required
to
issue
a
registry
33
identification
card
to
a
qualified
patient
and
any
primary
34
caregiver
named
in
the
qualified
patient’s
application,
if
the
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qualified
patient
and
each
primary
caregiver
submit
certain
1
information
in
an
application
to
the
department.
The
bill
2
provides
that
possession
of
or
application
for
a
registry
3
identification
card
shall
not
constitute
probable
cause
or
4
give
rise
to
reasonable
suspicion
for
a
governmental
agency
5
to
search
the
person
or
property
of
the
person
possessing
or
6
applying
for
the
card.
7
The
bill
provides
that
a
cannabidiol
registration
card
8
issued
under
Code
chapter
124D
(medical
cannabidiol
Act)
prior
9
to
the
effective
date
of
the
bill
shall
remain
effective
and
10
continues
in
effect
as
issued
for
the
12-month
period
following
11
its
issuance.
12
Code
chapter
124D,
the
medical
cannabidiol
Act,
currently
13
allows
an
Iowa
licensed
neurologist
who
has
examined
and
14
treated
a
patient
suffering
from
intractable
epilepsy
to
15
provide
a
written
recommendation
for
the
patient’s
medical
use
16
of
cannabidiol
to
treat
or
alleviate
symptoms
of
intractable
17
epilepsy
if
no
other
satisfactory
alternative
treatment
options
18
exist
and
if
certain
conditions
apply.
A
patient
who
receives
19
a
written
recommendation
from
the
patient’s
neurologist
or
20
the
patient’s
primary
caregiver
is
required
to
have
a
valid
21
cannabidiol
registration
card
to
use
or
possess
cannabidiol
22
for
medical
purposes.
The
cannabidiol
must
be
obtained
from
23
an
out-of-state
source.
The
medical
cannabidiol
Act
provides
24
affirmative
defenses
to
a
neurologist,
a
patient,
and
a
25
primary
caregiver
from
prosecution.
A
person
who
knowingly
26
or
intentionally
possesses
or
uses
cannabidiol
in
violation
27
of
the
medical
cannabidiol
Act
is
subject
to
the
penalties
28
provided
under
Code
chapters
124
(controlled
substances)
and
29
453B
(excise
taxes
on
unlawful
dealing
in
certain
substances).
30
Code
chapter
124D
is
repealed
by
its
own
terms
on
July
1,
31
2017.
32
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