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 TLSB 1785YH (3) 87 rh/rj
H.F. 198 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 35 -1- LSB 1785YH (3) 87 rh/rj 1/ 15
H.F. 198 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, 35 -2- LSB 1785YH (3) 87 rh/rj 2/ 15
H.F. 198 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 35 -3- LSB 1785YH (3) 87 rh/rj 3/ 15
H.F. 198 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. 35 -4- LSB 1785YH (3) 87 rh/rj 4/ 15
H.F. 198 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. 35 -5- LSB 1785YH (3) 87 rh/rj 5/ 15
H.F. 198 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 35 -6- LSB 1785YH (3) 87 rh/rj 6/ 15
H.F. 198 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 -7- LSB 1785YH (3) 87 rh/rj 7/ 15
H.F. 198 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. 35 -8- LSB 1785YH (3) 87 rh/rj 8/ 15
H.F. 198 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 35 -9- LSB 1785YH (3) 87 rh/rj 9/ 15
H.F. 198 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. 35 -10- LSB 1785YH (3) 87 rh/rj 10/ 15
H.F. 198 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. 35 -11- LSB 1785YH (3) 87 rh/rj 11/ 15
H.F. 198 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 35 -12- LSB 1785YH (3) 87 rh/rj 12/ 15
H.F. 198 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 -13- LSB 1785YH (3) 87 rh/rj 13/ 15
H.F. 198 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 35 -14- LSB 1785YH (3) 87 rh/rj 14/ 15
H.F. 198 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 -15- LSB 1785YH (3) 87 rh/rj 15/ 15