House
Study
Bill
132
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
A
BILL
FOR
An
Act
relating
to
the
medical
cannabidiol
Act,
making
related
1
modifications,
providing
for
civil
and
criminal
penalties
2
and
fees,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124D.2,
Code
2017,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
124D.2
Definitions.
3
As
used
in
this
chapter:
4
1.
“Cannabidiol”
means
a
nonpsychoactive
cannabidiol
found
5
in
the
plant
Cannabis
sativa
L.
or
Cannabis
indica
or
any
6
other
preparation
thereof
that
is
essentially
free
from
plant
7
material,
and
has
a
tetrahydrocannabinol
level
of
no
more
than
8
three
percent.
9
2.
“Debilitating
medical
condition”
means
intractable
10
epilepsy
and
any
other
medical
condition
or
its
treatment
11
recommended
by
the
university
of
Iowa
carver
college
of
12
medicine
and
approved
by
the
general
assembly
by
law.
13
3.
“Department”
means
the
department
of
public
health.
14
4.
“Health
care
practitioner”
means
an
individual
licensed
15
under
chapter
148
to
practice
medicine
and
surgery
or
16
osteopathic
medicine
and
surgery
who
provides
specialty
care
17
for
a
resident
of
this
state
for
one
or
more
debilitating
18
medical
conditions.
19
5.
“Intractable
epilepsy”
means
an
epileptic
seizure
20
disorder
for
which
standard
medical
treatment
does
not
prevent
21
or
significantly
ameliorate
recurring,
uncontrolled
seizures
or
22
for
which
standard
medical
treatment
results
in
harmful
side
23
effects.
24
6.
“Medical
cannabidiol
dispensary”
means
an
entity
located
25
in
this
state
and
licensed
by
the
department
that
acquires
26
cannabidiol
from
a
medical
cannabidiol
manufacturer
licensed
in
27
this
state
for
the
purpose
of
dispensing
cannabidiol
in
this
28
state
pursuant
to
this
chapter.
29
7.
“Medical
cannabidiol
manufacturer”
means
an
entity
30
located
in
this
state
and
licensed
by
the
department
to
31
process,
package,
transport,
and
supply
cannabidiol
to
a
32
medical
cannabidiol
dispensary
pursuant
to
the
provisions
of
33
this
chapter.
34
8.
“Medical
cannabis
grower”
means
an
entity
located
in
35
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_____
this
state
and
licensed
by
the
department
to
grow,
cultivate,
1
harvest,
and
transport
cannabis
pursuant
to
the
provisions
of
2
this
chapter.
3
9.
“Primary
caregiver”
means
a
person,
at
least
eighteen
4
years
of
age,
who
has
been
designated
by
a
patient’s
health
5
care
practitioner
or
by
a
person
having
custody
of
a
patient,
6
as
being
necessary
to
take
responsibility
for
managing
the
7
well-being
of
the
patient
with
respect
to
the
medical
use
of
8
cannabidiol
pursuant
to
the
provisions
of
this
chapter.
9
Sec.
2.
Section
124D.3,
Code
2017,
is
amended
to
read
as
10
follows:
11
124D.3
Neurologist
Health
care
practitioner
recommendation
12
——
medical
use
of
cannabidiol.
13
A
neurologist
health
care
practitioner
who
has
examined
14
and
treated
a
patient
suffering
from
intractable
epilepsy
15
a
debilitating
medical
condition
may
provide
but
has
no
16
duty
to
provide
a
written
recommendation
for
the
patient’s
17
medical
use
of
cannabidiol
to
treat
or
alleviate
symptoms
of
18
intractable
epilepsy
the
debilitating
medical
condition
if
no
19
other
satisfactory
alternative
treatment
options
exist
for
the
20
patient
and
all
of
the
following
conditions
apply:
21
1.
The
patient
is
a
permanent
resident
of
this
state.
22
2.
A
neurologist
health
care
practitioner
has
treated
the
23
patient
for
intractable
epilepsy
for
at
least
six
months
a
24
debilitating
medical
condition
.
For
purposes
of
this
treatment
25
period,
and
notwithstanding
section
124D.2,
subsection
4
,
26
treatment
provided
by
a
neurologist
health
care
practitioner
27
may
include
treatment
by
an
out-of-state
licensed
neurologist
28
health
care
practitioner
in
good
standing.
29
3.
The
neurologist
has
tried
alternative
treatment
options
30
that
have
not
alleviated
the
patient’s
symptoms.
31
4.
3.
The
neurologist
health
care
practitioner
determines
32
the
risks
of
recommending
the
medical
use
of
cannabidiol
are
33
reasonable
in
light
of
the
potential
benefit
for
the
patient.
34
5.
4.
The
neurologist
health
care
practitioner
maintains
a
35
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patient
treatment
plan.
1
Sec.
3.
Section
124D.4,
subsection
1,
paragraph
c,
Code
2
2017,
is
amended
to
read
as
follows:
3
c.
Requests
the
patient’s
neurologist
health
care
4
practitioner
to
submit
a
written
recommendation
to
the
5
department
signed
by
the
neurologist
health
care
practitioner
6
that
the
patient
may
benefit
from
the
medical
use
of
7
cannabidiol
pursuant
to
section
124D.3
.
8
Sec.
4.
Section
124D.4,
subsection
1,
paragraph
d,
9
subparagraph
(3),
Code
2017,
is
amended
to
read
as
follows:
10
(3)
Full
name,
address,
and
telephone
number
of
the
11
patient’s
neurologist
health
care
practitioner
.
12
Sec.
5.
Section
124D.4,
subsection
1,
Code
2017,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
e.
Submits
a
cannabidiol
registration
card
15
fee
of
one
hundred
dollars
to
the
department.
If
the
patient
16
attests
to
receiving
social
security
disability
benefits,
17
supplemental
security
insurance
benefits,
or
being
enrolled
in
18
the
medical
assistance
program,
the
fee
shall
be
twenty-five
19
dollars.
20
Sec.
6.
Section
124D.4,
subsection
3,
paragraph
b,
Code
21
2017,
is
amended
to
read
as
follows:
22
b.
Requests
a
patient’s
neurologist
health
care
practitioner
23
to
submit
a
written
recommendation
to
the
department
signed
by
24
the
neurologist
health
care
practitioner
that
a
patient
in
the
25
primary
caregiver’s
care
may
benefit
from
the
medical
use
of
26
cannabidiol
pursuant
to
section
124D.3
.
27
Sec.
7.
Section
124D.4,
subsection
3,
paragraph
c,
28
subparagraph
(4),
Code
2017,
is
amended
to
read
as
follows:
29
(4)
Full
name,
address,
and
telephone
number
of
the
30
patient’s
neurologist
health
care
practitioner
.
31
Sec.
8.
Section
124D.5,
subsection
1,
paragraph
b,
32
subparagraph
(1),
Code
2017,
is
amended
by
adding
the
following
33
new
subparagraph
division:
34
NEW
SUBPARAGRAPH
DIVISION
.
(c)
To
authorized
employees
35
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of
a
medical
cannabidiol
dispensary,
but
only
for
the
purpose
1
of
verifying
that
a
person
is
lawfully
in
possession
of
a
2
cannabidiol
registration
card
issued
pursuant
to
this
chapter.
3
Sec.
9.
Section
124D.5,
subsection
2,
Code
2017,
is
amended
4
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
5
following:
6
2.
The
department
shall
adopt
rules
pursuant
to
chapter
7
17A
to
administer
this
chapter
which
shall
include
but
not
be
8
limited
to
rules
to
do
all
of
the
following:
9
a.
Govern
the
manner
in
which
the
department
shall
consider
10
applications
for
new
and
renewal
cannabidiol
registration
11
cards.
12
b.
Establish
requirements
for
the
suspension
and
revocation
13
of
cannabidiol
registration
cards
and
medical
cannabis
grower,
14
medical
cannabidiol
dispensary,
and
medical
cannabidiol
15
manufacturer
licenses.
16
c.
Establish
requirements
for
the
licensure
of
medical
17
cannabis
growers,
medical
cannabidiol
manufacturers,
and
18
medical
cannabidiol
dispensaries
and
set
forth
procedures
for
19
medical
cannabis
growers,
medical
cannabidiol
manufacturers,
20
and
medical
cannabidiol
dispensaries
to
obtain
licenses.
21
d.
Develop
a
dispensing
system
for
medical
cannabidiol
22
dispensaries
to
dispense
cannabidiol
within
this
state
that
23
provides
for
all
of
the
following:
24
(1)
Medical
cannabidiol
dispensaries
within
this
state
25
housed
on
secured
grounds.
26
(2)
The
dispensing
of
cannabidiol
to
patients
and
their
27
primary
caregivers
in
person
to
occur
at
medical
cannabidiol
28
dispensary
locations
designated
by
the
department.
29
e.
Establish
and
collect
annual
fees
from
medical
cannabis
30
growers,
medical
cannabidiol
manufacturers,
and
medical
31
cannabidiol
dispensaries
to
cover
the
costs
associated
with
32
regulating
and
inspecting
medical
cannabis
growers,
medical
33
cannabidiol
manufacturers,
and
medical
cannabis
dispensaries.
34
f.
Specify
and
implement
procedures
that
address
public
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safety
including
security
procedures
and
product
quality
1
including
measures
to
ensure
contaminant-free
cultivation
2
of
cannabis,
safety
in
the
medical
use
of
cannabidiol,
and
3
appropriate
labeling
of
cannabidiol
by
medical
cannabidiol
4
dispensaries.
5
g.
Establish
and
implement
a
real-time,
statewide
6
cannabidiol
registry
management
sale
tracking
system
that
7
is
available
to
medical
cannabidiol
dispensaries
on
a
8
twenty-four-hour-day,
seven-day-a-week
basis
for
the
purpose
9
of
verifying
that
a
person
is
lawfully
in
possession
of
10
a
cannabidiol
registration
card
issued
pursuant
to
this
11
chapter
and
for
tracking
the
date
of
the
sale
and
quantity
of
12
cannabidiol
purchased
by
or
dispensed
to
a
patient
or
a
primary
13
caregiver.
14
h.
Establish
and
implement
a
real-time
global
positioning,
15
transportation,
and
delivery
tracking
system
to
track
16
cannabis
from
cultivation
by
a
medical
cannabis
grower
through
17
production
of
cannabidiol
by
a
cannabidiol
manufacturer
through
18
dispensing
of
cannabidiol
at
a
cannabidiol
dispensary.
19
Sec.
10.
Section
124D.6,
subsections
1
and
2,
Code
2017,
are
20
amended
to
read
as
follows:
21
1.
a.
A
recommendation
for
the
possession
or
use
of
22
cannabidiol
as
authorized
by
this
chapter
shall
be
provided
23
exclusively
by
a
neurologist
health
care
practitioner
for
a
24
patient
who
has
been
diagnosed
with
intractable
epilepsy
a
25
debilitating
medical
condition
.
26
b.
Cannabidiol
provided
exclusively
pursuant
to
the
27
recommendation
of
a
neurologist
shall
be
obtained
from
an
28
out-of-state
source
and
health
care
practitioner
shall
only
be
29
recommended
for
oral
or
transdermal
administration.
30
c.
A
neurologist
health
care
practitioner
shall
be
the
sole
31
authorized
recommender
as
part
of
the
treatment
plan
by
the
32
neurologist
health
care
practitioner
of
a
patient
diagnosed
33
with
intractable
epilepsy
a
debilitating
medical
condition
.
34
A
neurologist
health
care
practitioner
shall
have
the
sole
35
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authority
to
recommend
the
use
or
amount
of
cannabidiol,
1
if
any,
in
the
treatment
plan
of
a
patient
diagnosed
with
2
intractable
epilepsy
a
debilitating
medical
condition
.
3
2.
A
neurologist
health
care
practitioner
,
including
4
any
authorized
agent
thereof,
shall
not
be
subject
to
5
prosecution
for
the
unlawful
recommendation,
possession,
or
6
administration
of
marijuana
under
the
laws
of
this
state
for
7
activities
arising
directly
out
of
or
directly
related
to
8
the
recommendation
or
use
of
cannabidiol
in
the
treatment
of
9
a
patient
diagnosed
with
intractable
epilepsy
a
debilitating
10
medical
condition
.
11
Sec.
11.
Section
124D.6,
Code
2017,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
2A.
A
medical
cannabis
grower,
including
14
any
authorized
agent
or
employee
thereof,
shall
not
be
subject
15
to
prosecution
for
possessing,
growing,
cultivating,
or
16
harvesting
cannabis
pursuant
to
this
chapter.
17
NEW
SUBSECTION
.
2B.
A
medical
cannabidiol
manufacturer,
18
including
any
authorized
agent
or
employee
thereof,
shall
19
not
be
subject
to
prosecution
for
possessing,
manufacturing,
20
processing,
packaging,
transporting,
or
supplying
cannabidiol
21
pursuant
to
this
chapter.
22
NEW
SUBSECTION
.
2C.
A
medical
cannabidiol
dispensary,
23
including
any
authorized
agent
or
employee
thereof,
shall
24
not
be
subject
to
prosecution
for
possessing,
packaging,
or
25
dispensing
medical
cannabidiol
pursuant
to
this
chapter.
26
Sec.
12.
Section
124D.6,
subsection
3,
paragraphs
a
and
b,
27
Code
2017,
are
amended
to
read
as
follows:
28
a.
In
a
prosecution
for
the
unlawful
possession
of
marijuana
29
under
the
laws
of
this
state,
including
but
not
limited
to
30
chapters
124
and
453B
,
it
is
an
affirmative
and
complete
31
defense
to
the
prosecution
that
the
patient
has
been
diagnosed
32
with
intractable
epilepsy
a
debilitating
medical
condition
,
33
used
or
possessed
cannabidiol
pursuant
to
a
recommendation
by
a
34
neurologist
health
care
practitioner
as
authorized
under
this
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chapter
,
and,
for
a
patient
eighteen
years
of
age
or
older,
is
1
in
possession
of
a
valid
cannabidiol
registration
card.
2
b.
In
a
prosecution
for
the
unlawful
possession
of
3
marijuana
under
the
laws
of
this
state,
including
but
not
4
limited
to
chapters
124
and
453B
,
it
is
an
affirmative
and
5
complete
defense
to
the
prosecution
that
the
person
possessed
6
cannabidiol
because
the
person
is
a
primary
caregiver
of
a
7
patient
who
has
been
diagnosed
with
intractable
epilepsy
a
8
debilitating
medical
condition
and
is
in
possession
of
a
9
valid
cannabidiol
registration
card,
and
where
the
primary
10
caregiver’s
possession
of
the
cannabidiol
is
on
behalf
of
the
11
patient
and
for
the
patient’s
use
only
as
authorized
under
this
12
chapter
.
13
Sec.
13.
NEW
SECTION
.
124D.9
Medical
cannabis
grower
14
licensure.
15
1.
The
department
shall
license
medical
cannabis
growers
to
16
grow,
cultivate,
harvest,
and
transport
cannabis
within
this
17
state
consistent
with
the
provisions
of
this
chapter.
18
2.
The
department
shall
consider
the
following
factors
in
19
determining
whether
to
license
a
medical
cannabis
grower:
20
a.
The
technical
expertise
of
the
medical
cannabis
grower
21
in
growing,
breeding,
cultivating,
and
harvesting
cannabis
for
22
medical
use.
23
b.
The
qualifications
of
the
medical
cannabis
grower’s
24
employees.
25
c.
The
long-term
financial
stability
of
the
medical
cannabis
26
grower.
27
d.
The
ability
to
provide
appropriate
security
measures
on
28
the
premises
of
the
medical
cannabis
grower.
29
e.
Whether
the
medical
cannabis
grower
has
demonstrated
30
an
ability
to
meet
certain
cannabis
production
needs
for
31
medical
use
regarding
the
range
of
recommended
dosages
for
32
each
debilitating
medical
condition,
the
range
of
chemical
33
compositions
of
any
plant
of
the
genus
cannabis
that
will
34
likely
be
medically
beneficial
for
each
of
the
debilitating
35
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1003YC
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87
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20
H.F.
_____
medical
conditions,
and
the
form
of
the
cannabis
grown
for
1
medical
use
in
the
manner
determined
by
the
department
pursuant
2
to
rule.
3
3.
Each
entity
submitting
an
application
for
licensure
as
a
4
medical
cannabis
grower
shall
pay
a
nonrefundable
application
5
fee
of
five
thousand
dollars
to
the
department.
6
Sec.
14.
NEW
SECTION
.
124D.10
Medical
cannabis
growers.
7
1.
The
operating
documents
of
a
medical
cannabis
grower
8
shall
include
all
of
the
following:
9
a.
Procedures
for
the
oversight
of
the
medical
cannabis
10
grower
and
procedures
to
ensure
accurate
recordkeeping.
11
b.
Procedures
for
the
implementation
of
appropriate
security
12
measures
to
deter
and
prevent
the
theft
of
cannabis
grown
for
13
medical
use
and
unauthorized
entrance
into
areas
containing
14
cannabis
grown
for
medical
use.
15
2.
A
medical
cannabis
grower
shall
implement
security
16
requirements,
including
requirements
for
protection
of
each
17
location
by
a
fully
operational
security
alarm
system,
facility
18
access
controls,
perimeter
intrusion
detection
systems,
and
a
19
personnel
identification
system.
20
3.
A
medical
cannabis
grower
shall
install
and
operate
on
a
21
twenty-four-hour
basis
a
real-time
audio
and
video
monitoring
22
system
on
the
grounds
and
in
all
buildings
of
the
medical
23
cannabis
grower.
The
information
contained
in
the
monitoring
24
system
is
confidential
and
shall
not
be
disclosed
except
to
25
authorized
employees
or
agents
of
the
department
as
necessary
26
to
perform
the
duties
of
the
department
under
this
chapter
or
27
pursuant
to
court
order.
Such
information
shall
be
stored
28
and
retained
by
the
medical
cannabis
grower
for
a
minimum
of
29
six
months
from
the
date
such
audio
and
video
information
is
30
created.
31
4.
A
medical
cannabis
grower
shall
not
share
office
space
32
with,
refer
patients
to,
or
have
any
financial
relationship
33
with
a
health
care
practitioner.
34
5.
The
location
of
a
medical
cannabis
grower
shall
be
35
-8-
LSB
1003YC
(13)
87
rh/rj
8/
20
H.F.
_____
physically
separate
and
off-site
from
the
location
of
a
medical
1
cannabidiol
manufacturer
and
a
medical
cannabidiol
dispensary.
2
6.
A
medical
cannabis
grower
shall
not
permit
any
person
to
3
consume
cannabis
grown
for
medical
use
on
the
property
of
the
4
medical
cannabis
grower.
5
7.
A
medical
cannabis
grower
is
subject
to
reasonable
6
inspection
by
the
department.
7
8.
a.
A
medical
cannabis
grower
shall
not
employ
a
person
8
who
is
under
eighteen
years
of
age
or
who
has
been
convicted
of
9
any
felony
offense.
10
b.
An
employee
of
a
medical
cannabis
grower
shall
be
subject
11
to
a
background
investigation
conducted
by
the
division
of
12
criminal
investigation
of
the
department
of
public
safety
and
a
13
national
criminal
history
background
check.
14
c.
An
employee
of
a
medical
cannabis
grower
shall
be
subject
15
to
periodic
drug
testing
as
determined
by
the
department
16
pursuant
to
rule.
17
9.
A
medical
cannabis
grower
shall
not
operate
in
any
18
location
within
one
thousand
feet
of
a
public
or
private
school
19
existing
before
the
date
of
the
medical
cannabis
grower’s
20
licensure
by
the
department.
21
10.
A
medical
cannabis
grower
shall
not
engage
in
any
22
advertising
relating
to
the
medical
cannabis
grower.
23
11.
a.
A
medical
cannabis
grower
shall
provide
a
reliable
24
and
ongoing
supply
of
cannabis
grown
for
medical
use
to
medical
25
cannabidiol
manufacturers
pursuant
to
this
chapter.
26
b.
All
growing,
cultivating,
and
harvesting
of
medical
27
cannabis
shall
take
place
in
an
enclosed,
locked
facility
28
at
a
physical
address
provided
to
the
department
during
the
29
licensure
process.
30
c.
A
medical
cannabis
grower
shall
supply
a
reliable
and
31
ongoing
amount
of
cannabidiol
to
treat
every
debilitating
32
medical
condition
listed
in
this
chapter.
33
12.
A
medical
cannabis
grower
shall
pay
an
annual
fee
34
determined
by
the
department
equal
to
the
cost
of
regulating
35
-9-
LSB
1003YC
(13)
87
rh/rj
9/
20
H.F.
_____
and
inspecting
the
grower
during
that
year.
1
Sec.
15.
NEW
SECTION
.
124D.11
Medical
cannabidiol
2
manufacturer
licensure.
3
1.
The
department
shall
license
medical
cannabidiol
4
manufacturers
to
process,
package,
transport,
and
supply
5
cannabidiol
within
this
state
consistent
with
the
provisions
of
6
this
chapter.
7
2.
The
department
shall
consider
the
following
factors
8
in
determining
whether
to
license
a
medical
cannabidiol
9
manufacturer:
10
a.
The
technical
expertise
of
the
medical
cannabidiol
11
manufacturer
in
processing,
packaging,
transporting,
and
12
supplying
cannabidiol.
13
b.
The
qualifications
of
the
medical
cannabidiol
14
manufacturer’s
employees.
15
c.
The
long-term
financial
stability
of
the
medical
16
cannabidiol
manufacturer.
17
d.
The
ability
to
provide
appropriate
security
measures
on
18
the
premises
of
the
medical
cannabidiol
manufacturer.
19
3.
The
department
shall
require
each
medical
cannabidiol
20
manufacturer
to
contract
with
the
state
hygienic
laboratory
at
21
the
university
of
Iowa
in
Iowa
City
to
test
the
cannabidiol
22
produced
by
the
medical
cannabidiol
manufacturer
as
to
content,
23
contamination,
and
consistency.
The
department
shall
require
24
the
state
hygienic
laboratory
to
report
testing
results
to
the
25
medical
cannabidiol
manufacturer
in
a
manner
determined
by
the
26
department
pursuant
to
rule.
27
4.
Each
entity
submitting
an
application
for
licensure
as
28
a
medical
cannabidiol
manufacturer
shall
pay
a
nonrefundable
29
application
fee
of
five
thousand
dollars
to
the
department.
30
Sec.
16.
NEW
SECTION
.
124D.12
Medical
cannabidiol
31
manufacturers.
32
1.
A
medical
cannabidiol
manufacturer
shall
pay
the
cost
of
33
all
state
hygienic
laboratory
testing.
34
2.
The
operating
documents
of
a
medical
cannabidiol
35
-10-
LSB
1003YC
(13)
87
rh/rj
10/
20
H.F.
_____
manufacturer
shall
include
all
of
the
following:
1
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
2
manufacturer
and
procedures
to
ensure
accurate
recordkeeping.
3
b.
Procedures
for
the
implementation
of
appropriate
security
4
measures
to
deter
and
prevent
the
theft
of
cannabidiol
and
5
unauthorized
entrance
into
areas
containing
cannabidiol.
6
3.
A
medical
cannabidiol
manufacturer
shall
implement
7
security
requirements,
including
requirements
for
protection
8
of
each
location
by
a
fully
operational
security
alarm
system,
9
facility
access
controls,
perimeter
intrusion
detection
10
systems,
and
a
personnel
identification
system.
11
4.
A
medical
cannabidiol
manufacturer
shall
install
and
12
operate
on
a
twenty-four-hour
basis
a
real-time
audio
and
13
video
monitoring
system
on
the
grounds
and
in
all
buildings
14
of
the
medical
cannabidiol
manufacturer.
The
information
15
contained
in
the
monitoring
system
is
confidential
and
shall
16
not
be
disclosed
except
to
authorized
employees
or
agents
17
of
the
department
as
necessary
to
perform
the
duties
of
the
18
department
under
this
chapter
or
pursuant
to
court
order.
19
Such
information
shall
be
stored
and
retained
by
the
medical
20
cannabidiol
manufacturer
for
a
minimum
of
six
months
from
the
21
date
such
audio
and
video
information
is
created.
22
5.
A
medical
cannabidiol
manufacturer
shall
not
share
23
office
space
with,
refer
patients
to,
or
have
any
financial
24
relationship
with
a
health
care
practitioner.
25
6.
The
location
of
a
medical
cannabidiol
manufacturer
shall
26
be
physically
separate
and
off-site
from
the
location
of
a
27
medical
cannabis
grower
and
a
medical
cannabidiol
dispensary.
28
A
medical
cannabidiol
manufacturer
shall
not
permit
any
29
person
to
consume
cannabidiol
on
the
property
of
the
medical
30
cannabidiol
manufacturer.
A
medical
cannabidiol
manufacturer
31
is
subject
to
reasonable
inspection
by
the
department.
32
a.
A
medical
cannabidiol
manufacturer
shall
not
employ
a
33
person
who
is
under
twenty-one
years
of
age
or
who
has
been
34
convicted
of
any
felony
offense.
35
-11-
LSB
1003YC
(13)
87
rh/rj
11/
20
H.F.
_____
b.
An
employee
of
a
medical
cannabidiol
manufacturer
shall
1
be
subject
to
a
background
investigation
conducted
by
the
2
division
of
criminal
investigation
of
the
department
of
public
3
safety
and
a
national
criminal
history
background
check.
4
c.
An
employee
of
a
medical
cannabidiol
manufacturer
shall
5
be
subject
to
periodic
drug
testing
as
determined
by
the
6
department
pursuant
to
rule.
7
7.
A
medical
cannabidiol
manufacturer
shall
not
engage
8
in
any
advertising
relating
to
the
medical
cannabidiol
9
manufacturer.
10
8.
a.
All
processing
and
packaging
of
cannabidiol
shall
11
take
place
in
an
enclosed,
locked
facility
at
a
physical
12
address
provided
to
the
department
during
the
licensure
13
process.
14
b.
A
medical
cannabidiol
manufacturer
shall
supply
a
15
reliable
and
ongoing
amount
of
cannabidiol
oil
to
treat
every
16
debilitating
medical
condition
listed
in
this
chapter.
17
9.
A
medical
cannabidiol
manufacturer
shall
pay
an
18
annual
fee
determined
by
the
department
equal
to
the
cost
of
19
regulating
and
inspecting
the
medical
cannabidiol
manufacturer
20
during
that
year.
21
Sec.
17.
NEW
SECTION
.
124D.13
Medical
cannabidiol
22
dispensary
licensure.
23
1.
a.
The
department
shall
license
medical
cannabidiol
24
dispensaries
to
dispense
cannabidiol
for
medical
use
within
25
this
state
consistent
with
the
provisions
of
this
chapter.
26
b.
Information
submitted
during
the
application
process
27
shall
be
confidential
until
the
medical
cannabidiol
dispensary
28
is
licensed
by
the
department
unless
otherwise
protected
from
29
disclosure
under
state
or
federal
law.
30
2.
The
department
shall
consider
the
following
factors
31
in
determining
whether
to
license
a
medical
cannabidiol
32
dispensary:
33
a.
The
technical
expertise
of
the
medical
cannabidiol
34
dispensary
in
packaging
and
dispensing
cannabidiol
for
medical
35
-12-
LSB
1003YC
(13)
87
rh/rj
12/
20
H.F.
_____
use.
1
b.
The
qualifications
of
the
medical
cannabidiol
2
dispensary’s
employees.
3
c.
The
long-term
financial
stability
of
the
medical
4
cannabidiol
dispensary.
5
d.
The
ability
to
provide
appropriate
security
measures
on
6
the
premises
of
the
medical
cannabidiol
dispensary.
7
e.
The
medical
cannabidiol
dispensary’s
projection
and
8
ongoing
assessment
of
fees
for
the
purchase
or
dispensing
of
9
medical
cannabidiol
for
patients
with
debilitating
medical
10
conditions.
11
3.
Each
entity
submitting
an
application
for
licensure
as
12
a
medical
cannabidiol
dispensary
shall
pay
a
nonrefundable
13
application
fee
of
five
thousand
dollars
to
the
department.
14
4.
A
medical
cannabidiol
dispensary
shall
pay
an
annual
fee
15
determined
by
the
department
equal
to
the
cost
of
regulating
16
and
inspecting
the
medical
cannabidiol
dispensary
during
that
17
year.
18
Sec.
18.
NEW
SECTION
.
124D.14
Medical
cannabidiol
19
dispensaries.
20
1.
a.
The
medical
cannabidiol
dispensaries
shall
be
located
21
throughout
the
state
based
on
geographical
need
for
patient
22
access.
23
b.
A
medical
cannabidiol
dispensary
may
dispense
cannabidiol
24
for
medical
use
pursuant
to
the
provisions
of
this
chapter
but
25
shall
only
dispense
cannabidiol
for
medical
use
in
oil
form.
26
2.
The
operating
documents
of
a
medical
cannabidiol
27
dispensary
shall
include
all
of
the
following:
28
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
29
dispensary
and
procedures
to
ensure
accurate
recordkeeping.
30
b.
Procedures
for
the
implementation
of
appropriate
security
31
measures
to
deter
and
prevent
the
theft
of
cannabidiol
grown
32
for
medical
use
and
unauthorized
entrance
into
areas
containing
33
cannabidiol
grown
for
medical
use.
34
3.
A
medical
cannabidiol
dispensary
shall
implement
35
-13-
LSB
1003YC
(13)
87
rh/rj
13/
20
H.F.
_____
security
requirements,
including
requirements
for
protection
1
by
a
fully
operational
security
alarm
system,
facility
2
access
controls,
perimeter
intrusion
detection
systems,
and
a
3
personnel
identification
system.
4
4.
A
medical
cannabidiol
dispensary
shall
install
and
5
operate
on
a
twenty-four-hour
basis
a
real-time
audio
and
6
video
monitoring
system
on
the
grounds
and
in
all
buildings
7
of
the
medical
cannabidiol
dispensary.
The
information
8
contained
in
the
monitoring
system
is
confidential
and
shall
9
not
be
disclosed
except
to
authorized
employees
or
agents
10
of
the
department
as
necessary
to
perform
the
duties
of
the
11
department
or
pursuant
to
court
order.
Such
information
shall
12
be
stored
and
retained
by
the
medical
cannabidiol
dispensary
13
for
a
minimum
of
six
months
from
the
date
the
audio
and
video
14
information
is
created.
15
5.
A
medical
cannabidiol
dispensary
shall
not
share
16
office
space
with,
refer
patients
to,
or
have
any
financial
17
relationship
with
a
health
care
practitioner.
18
6.
The
location
of
a
medical
cannabidiol
dispensary
shall
be
19
physically
separate
and
off-site
from
the
location
of
a
medical
20
cannabis
grower
and
a
medical
cannabidiol
manufacturer.
21
7.
A
medical
cannabidiol
dispensary
shall
not
permit
any
22
person
to
consume
cannabidiol
grown
for
medical
use
on
the
23
property
of
the
medical
cannabidiol
dispensary.
24
8.
A
medical
cannabidiol
dispensary
is
subject
to
25
reasonable
inspection
by
the
department.
26
9.
a.
A
medical
cannabidiol
dispensary
shall
not
employ
27
a
person
who
is
under
eighteen
years
of
age
or
who
has
been
28
convicted
of
a
disqualifying
felony
offense.
29
b.
An
employee
of
a
medical
cannabidiol
dispensary
shall
be
30
subject
to
a
background
investigation
conducted
by
the
division
31
of
criminal
investigation
of
the
department
of
public
safety
32
and
a
national
criminal
history
background
check.
33
c.
An
employee
of
a
medical
cannabidiol
dispensary
shall
34
be
subject
to
periodic
drug
testing
as
determined
by
the
35
-14-
LSB
1003YC
(13)
87
rh/rj
14/
20
H.F.
_____
department
pursuant
to
rule.
1
10.
A
medical
cannabidiol
dispensary
shall
not
operate
in
2
any
location
within
one
thousand
feet
of
a
public
or
private
3
school
existing
before
the
date
of
the
medical
cannabidiol
4
dispensary’s
licensure
by
the
department.
5
11.
A
medical
cannabidiol
dispensary
shall
not
engage
in
any
6
advertising
relating
to
the
medical
cannabidiol
dispensary.
7
12.
Prior
to
dispensing
of
any
cannabidiol
for
medical
use
8
in
oil
form,
a
medical
cannabidiol
dispensary
shall
do
all
of
9
the
following:
10
a.
Verify
that
the
medical
cannabidiol
dispensary
has
11
received
a
valid
cannabidiol
registration
card
from
a
patient
12
or
a
patient’s
primary
caregiver,
if
applicable.
13
b.
Assign
a
tracking
number
to
any
cannabidiol
for
medical
14
use
dispensed
from
the
medical
cannabidiol
dispensary.
15
13.
A
medical
cannabidiol
dispensary
shall
employ
a
16
pharmacist
licensed
pursuant
to
chapter
155A.
17
Sec.
19.
NEW
SECTION
.
124D.15
Fees.
18
Cannabidiol
registration
card
fees
and
medical
cannabis
19
grower
and
medical
cannabidiol
manufacturer
and
medical
20
cannabidiol
dispensary
application
and
annual
fees
collected
21
by
the
department
pursuant
to
this
chapter
shall
be
retained
22
by
the
department,
shall
be
considered
repayment
receipts
as
23
defined
in
section
8.2
,
and
shall
be
used
for
the
purpose
24
of
regulating
medical
cannabis
growers,
medical
cannabidiol
25
manufacturers,
and
medical
cannabidiol
dispensaries
and
26
for
other
expenses
necessary
for
the
administration
of
this
27
chapter.
Notwithstanding
section
8.33,
moneys
that
remain
28
unencumbered
or
unobligated
at
the
end
of
the
fiscal
year
shall
29
not
revert
to
the
general
fund
of
the
state.
30
Sec.
20.
NEW
SECTION
.
124D.16
Reciprocity.
31
A
valid
cannabidiol
registration
card,
or
its
equivalent,
32
issued
under
the
laws
of
another
state
that
allows
an
33
out-of-state
patient
to
purchase,
possess,
and
use
cannabidiol
34
for
medical
use
in
the
jurisdiction
of
issuance
shall
have
the
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same
force
and
effect
as
a
valid
cannabidiol
registration
card
1
issued
pursuant
to
this
chapter
and
allows
an
out-of-state
2
patient
in
this
state
to
purchase
cannabidiol
for
medical
use
3
from
a
medical
cannabidiol
dispensary
in
this
state
and
to
4
possess
and
use
the
cannabidiol
for
medical
use
in
this
state.
5
Sec.
21.
NEW
SECTION
.
124D.17
Use
of
cannabidiol
——
smoking
6
and
vaping
prohibited.
7
A
patient
shall
not
consume
cannabidiol
possessed
or
used
as
8
authorized
by
this
chapter
by
smoking
or
vaping
cannabidiol.
9
Sec.
22.
NEW
SECTION
.
124D.18
Penalties.
10
1.
A
person
who
knowingly
or
intentionally
possesses
or
uses
11
cannabidiol
in
violation
of
the
requirements
of
this
chapter
is
12
subject
to
the
penalties
provided
under
chapters
124
and
453B.
13
2.
A
medical
cannabis
grower,
medical
cannabidiol
14
manufacturer,
or
medical
cannabidiol
dispensary
shall
be
15
assessed
a
civil
penalty
of
up
to
one
thousand
dollars
per
16
violation
for
any
violation
of
this
chapter
in
addition
to
any
17
other
applicable
penalties.
18
3.
A
health
care
practitioner
who
makes
what
the
health
care
19
practitioner
knows
to
be
a
false
statement
of
material
fact
20
on
a
written
recommendation
provided
to
a
patient
pursuant
to
21
section
124D.3
or
who
submits
what
the
person
knows
to
be
any
22
materially
falsified
or
forged
documentation
in
connection
with
23
such
a
recommendation
commits
a
class
“C”
felony.
24
4.
A
patient
or
primary
caregiver
who
makes
what
the
25
person
knows
to
be
a
false
statement
of
material
fact
on
a
26
cannabidiol
registration
card
application
submitted
pursuant
to
27
section
124D.4
or
who
submits
what
the
person
knows
to
be
any
28
materially
falsified
or
forged
documentation
in
connection
with
29
such
an
application
commits
a
class
“C”
felony.
30
Sec.
23.
REPORT
——
RECOMMENDATION
——
ACTION
BY
GENERAL
31
ASSEMBLY.
32
1.
The
university
of
Iowa
carver
college
of
medicine
33
and
college
of
pharmacy
shall,
on
or
before
July
1
of
each
34
year,
beginning
July
1,
2018,
submit
a
report
detailing
the
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scientific
literature,
studies,
and
clinical
trials
regarding
1
the
medical
use
of
cannabidiol
to
the
department
of
public
2
health
and
the
general
assembly.
The
report
may
recommend
3
additional
debilitating
medical
conditions
that
qualify
for
4
the
medical
use
of
cannabidiol
and
shall
include
a
range
of
5
recommended
dosages
for
each
debilitating
medical
condition
and
6
the
range
of
chemical
compositions
of
any
plant
of
the
genus
7
Cannabis
that
will
likely
be
medically
beneficial
for
each
of
8
the
debilitating
medical
conditions.
9
2.
The
general
assembly
is
requested
to
review
any
10
additional
debilitating
medical
conditions
recommended
and
11
submitted
to
the
general
assembly
pursuant
to
subsection
1
12
during
the
following
regular
session
of
the
general
assembly
13
and
to
approve
by
law
any
additional
debilitating
medical
14
conditions
during
that
regular
session.
15
Sec.
24.
REPEAL.
Section
124D.7,
Code
2017,
is
repealed.
16
Sec.
25.
REPEAL.
Section
124D.8,
Code
2017,
is
repealed.
17
Sec.
26.
EFFECTIVE
DATE.
The
section
of
this
Act
repealing
18
section
124D.8,
Code
2017,
takes
effect
June
30,
2017.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
medical
cannabidiol
Act,
makes
23
related
modifications,
provides
for
civil
and
criminal
24
penalties
and
fees,
makes
an
appropriation,
and
strikes
25
the
repeal
of
Code
chapter
124D
before
that
repeal
becomes
26
effective
on
July
1,
2017.
27
MEDICAL
CANNABIDIOL
ACT
——
OVERVIEW.
Code
chapter
124D,
28
the
medical
cannabidiol
Act,
currently
allows
an
Iowa
29
licensed
neurologist
who
has
examined
and
treated
a
patient
30
suffering
from
intractable
epilepsy
to
provide
a
written
31
recommendation
for
the
patient’s
medical
use
of
cannabidiol
32
to
treat
or
alleviate
symptoms
of
intractable
epilepsy
if
33
no
other
satisfactory
alternative
treatment
options
exist
34
and
if
certain
conditions
apply.
A
patient
who
receives
a
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written
recommendation
from
the
patient’s
neurologist
or
1
the
patient’s
primary
caregiver
is
required
to
have
a
valid
2
cannabidiol
registration
card
to
use
or
possess
cannabidiol
3
for
medical
purposes.
The
cannabidiol
must
be
obtained
from
4
an
out-of-state
source.
The
department
of
public
health
5
is
required
to
maintain
a
confidential
file
of
the
names
6
of
each
patient
and
primary
caregiver
to
or
for
whom
the
7
department
issues
a
cannabidiol
registration
card
and
to
keep
8
such
information
confidential
except
as
otherwise
allowed.
9
The
medical
cannabidiol
Act
provides
affirmative
defenses
10
to
a
neurologist,
a
patient,
and
a
primary
caregiver
from
11
prosecution.
A
person
who
knowingly
or
intentionally
possesses
12
or
uses
cannabidiol
in
violation
of
the
medical
cannabidiol
13
Act
is
subject
to
the
penalties
provided
under
Code
chapters
14
124
(controlled
substances)
and
453B
(excise
taxes
on
unlawful
15
dealing
in
certain
substances).
16
DEBILITATING
MEDICAL
CONDITIONS
——
HEALTH
CARE
PRACTITIONER.
17
The
bill
defines
a
debilitating
medical
condition
as
18
intractable
epilepsy
and
any
other
medical
condition
or
19
its
treatment
recommended
by
the
university
of
Iowa
carver
20
college
of
medicine
and
approved
by
the
general
assembly
by
21
law.
“Health
care
practitioner”
is
defined
to
mean
any
Iowa
22
licensed
physician
who
provides
specialty
care
for
one
or
more
23
debilitating
medical
conditions.
24
CANNABIDIOL
REGISTRATION
CARD
FEE.
The
bill
requires
a
25
patient
to
submit
a
cannabidiol
registration
card
fee
to
the
26
department
of
$100
or
$25,
if
the
patient
is
the
recipient
of
27
certain
public
assistance.
28
CONFIDENTIALITY.
The
bill
provides
that
confidential
29
patient
and
primary
caregiver
cannabidiol
registration
card
30
information
maintained
by
the
department
may
be
disclosed
to
31
authorized
employees
of
a
medical
cannabidiol
dispensary
under
32
certain
circumstances.
33
MEDICAL
CANNABIS
GROWERS,
MEDICAL
CANNABIDIOL
MANUFACTURERS,
34
AND
MEDICAL
CANNABIDIOL
DISPENSARIES
——
LICENSURE.
The
bill
35
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requires
the
department
to
license
medical
cannabis
growers,
1
medical
cannabidiol
manufacturers,
and
medical
cannabidiol
2
dispensaries
within
this
state.
The
department
is
directed
to
3
consider
several
factors
in
determining
whether
to
license
a
4
medical
cannabis
grower,
medical
cannabidiol
manufacturer,
or
5
medical
cannabidiol
dispensary.
6
MEDICAL
CANNABIS
GROWERS,
MEDICAL
CANNABIDIOL
MANUFACTURERS,
7
AND
MEDICAL
CANNABIDIOL
DISPENSARIES
——
ADDITIONAL
8
REQUIREMENTS.
The
bill
provides
that
certain
requirements
9
must
be
included
in
the
operating
documents
of
a
medical
10
cannabis
grower,
medical
cannabidiol
manufacturer,
or
medical
11
cannabidiol
dispensary.
All
three
entities
are
prohibited
from
12
engaging
in
certain
activities
and
are
subject
to
reasonable
13
inspection
and
reasonable
restrictions
by
the
department.
14
FEES.
Cannabidiol
registration
card
fees
and
medical
15
cannabidiol
manufacturer
application
and
annual
fees
collected
16
by
the
department
shall
be
retained
by
the
department,
and
17
shall
be
used
for
the
purpose
of
regulating
medical
cannabis
18
growers,
medical
cannabidiol
manufacturers,
and
medical
19
cannabidiol
dispensaries
and
for
other
expenses
necessary
for
20
the
administration
of
the
bill.
21
ADDITIONAL
DEPARTMENT
DUTIES
——
RULES.
The
bill
requires
22
the
department
to
adopt
rules
relating
to
cannabidiol
23
registration
cards
and
a
dispensing
system
for
medical
24
cannabidiol
manufacturers,
and
requirements
for
the
licensure
25
of
medical
cannabis
growers,
medical
cannabidiol
manufacturers,
26
and
medical
cannabidiol
dispensaries,
including
annual
27
fees,
public
safety
procedures,
and
the
establishment
and
28
implementation
of
statewide
cannabidiol
registry
management
29
sale
and
delivery
tracking
systems.
30
RECIPROCITY.
The
bill
provides
that
a
valid
cannabidiol
31
registration
card,
or
its
equivalent,
issued
under
the
laws
32
of
another
state
allows
an
out-of-state
patient
to
possess
33
or
use
medical
cannabidiol
in
this
state,
and
allows
the
34
out-of-state
patient
to
purchase
medical
cannabidiol
from
a
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medical
cannabidiol
dispensary
in
this
state.
1
USE
OF
CANNABIDIOL
——
SMOKING
AND
VAPING
PROHIBITED.
The
2
bill
provides
that
a
patient
shall
not
consume
the
cannabidiol
3
by
smoking
or
vaping
the
cannabidiol.
4
USE
OF
MEDICAL
CANNABIDIOL
——
AFFIRMATIVE
DEFENSES.
5
The
bill
provides
prosecution
immunity
for
a
health
care
6
practitioner,
medical
cannabis
grower,
medical
cannabidiol
7
manufacturer,
and
medical
cannabidiol
dispensary,
including
8
any
authorized
agents
or
employees
thereof,
for
activities
9
undertaken
by
the
health
care
practitioner,
medical
cannabis
10
grower,
medical
cannabidiol
manufacturer,
or
medical
11
cannabidiol
dispensary
pursuant
to
the
provisions
of
the
bill.
12
PENALTIES.
The
bill
provides
certain
criminal
and
civil
13
penalties
for
a
person
who
knowingly
or
intentionally
possesses
14
or
uses
cannabidiol
in
violation
of
the
requirements
of
the
15
bill,
and
for
a
medical
cannabis
grower,
medical
cannabidiol
16
manufacturer,
medical
cannabidiol
dispensary,
health
care
17
practitioner,
or
patient
or
primary
caregiver
in
violation
of
18
other
provisions
of
the
bill.
19
REPORT
AND
RECOMMENDATIONS.
The
bill
requires
the
20
university
of
Iowa
carver
college
of
medicine
and
college
21
of
pharmacy
to,
on
or
before
July
1
of
each
year,
beginning
22
July
1,
2018,
submit
a
report
detailing
the
scientific
23
literature,
studies,
and
clinical
trials
regarding
the
medical
24
use
of
cannabidiol
to
the
department
of
public
health
and
25
the
general
assembly.
The
report
may
recommend
additional
26
debilitating
medical
conditions
that
qualify
for
the
medical
27
use
of
cannabidiol
and
shall
include
a
range
of
recommended
28
dosages
for
each
debilitating
medical
condition
and
the
range
29
of
chemical
compositions
of
any
plant
of
the
genus
cannabis
30
that
will
likely
be
medically
beneficial
for
each
of
the
31
debilitating
medical
conditions.
The
general
assembly
is
32
requested
to
review
any
additional
recommended
debilitating
33
medical
conditions
submitted
to
the
general
assembly
during
the
34
next
regular
legislative
session.
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