HSB 132 (LSB 1003YC (13) 87)

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 modifications, providing for civil and criminal penalties and fees, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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

   1.  The university of Iowa carver college of medicine and college of pharmacy shall, on or before July 1 of each year, beginning July 1, 2018, submit a report detailing the scientific literature, studies, and clinical trials regarding the medical use of cannabidiol to the department of public health and the general assembly. The report may recommend additional debilitating medical conditions that qualify for the medical use of cannabidiol and shall include a range of recommended dosages for each debilitating medical condition and the range of chemical compositions of any plant of the genus Cannabis that will likely be medically beneficial for each of the debilitating medical conditions.
   2.  The general assembly is requested to review any additional debilitating medical conditions recommended and submitted to the general assembly pursuant to subsection 1 during the following regular session of the general assembly and to approve by law any additional debilitating medical conditions during that regular session.
    Sec. 24.  REPEAL.  Section 124D.7, Code 2017, is repealed.
    Sec. 25.  REPEAL.  Section 124D.8, Code 2017, is repealed.
    Sec. 26.  EFFECTIVE DATE.  The section of this Act repealing section 124D.8, Code 2017, takes effect June 30, 2017.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the medical cannabidiol Act, makes related modifications, provides for civil and criminal penalties and fees, makes an appropriation, and strikes the repeal of Code chapter 124D before that repeal becomes effective on July 1, 2017.
   MEDICAL CANNABIDIOL ACT —— OVERVIEW. Code chapter 124D, the medical cannabidiol Act, currently allows an Iowa licensed neurologist who has examined and treated a patient suffering from intractable epilepsy to provide a written recommendation for the patient’s medical use of cannabidiol to treat or alleviate symptoms of intractable epilepsy if no other satisfactory alternative treatment options exist and if certain conditions apply. A patient who receives a written recommendation from the patient’s neurologist or the patient’s primary caregiver is required to have a valid cannabidiol registration card to use or possess cannabidiol for medical purposes. The cannabidiol must be obtained from an out-of-state source. The department of public health is required to maintain a confidential file of the names of each patient and primary caregiver to or for whom the department issues a cannabidiol registration card and to keep such information confidential except as otherwise allowed. The medical cannabidiol Act provides affirmative defenses to a neurologist, a patient, and a primary caregiver from prosecution. A person who knowingly or intentionally possesses or uses cannabidiol in violation of the medical cannabidiol Act is subject to the penalties provided under Code chapters 124 (controlled substances) and 453B (excise taxes on unlawful dealing in certain substances).
   DEBILITATING MEDICAL CONDITIONS —— HEALTH CARE PRACTITIONER.  The bill defines a debilitating medical condition as intractable epilepsy and any other medical condition or its treatment recommended by the university of Iowa carver college of medicine and approved by the general assembly by law. “Health care practitioner” is defined to mean any Iowa licensed physician who provides specialty care for one or more debilitating medical conditions.
   CANNABIDIOL REGISTRATION CARD FEE. The bill requires a patient to submit a cannabidiol registration card fee to the department of $100 or $25, if the patient is the recipient of certain public assistance.
   CONFIDENTIALITY. The bill provides that confidential patient and primary caregiver cannabidiol registration card information maintained by the department may be disclosed to authorized employees of a medical cannabidiol dispensary under certain circumstances.
   MEDICAL CANNABIS GROWERS, MEDICAL CANNABIDIOL MANUFACTURERS, AND MEDICAL CANNABIDIOL DISPENSARIES —— LICENSURE. The bill requires the department to license medical cannabis growers, medical cannabidiol manufacturers, and medical cannabidiol dispensaries within this state. The department is directed to consider several factors in determining whether to license a medical cannabis grower, medical cannabidiol manufacturer, or medical cannabidiol dispensary.
   MEDICAL CANNABIS GROWERS, MEDICAL CANNABIDIOL MANUFACTURERS, AND MEDICAL CANNABIDIOL DISPENSARIES —— ADDITIONAL REQUIREMENTS. The bill provides that certain requirements must be included in the operating documents of a medical cannabis grower, medical cannabidiol manufacturer, or medical cannabidiol dispensary. All three entities are prohibited from engaging in certain activities and are subject to reasonable inspection and reasonable restrictions by the department.
   FEES. Cannabidiol registration card fees and medical cannabidiol manufacturer application and annual fees collected by the department shall be retained by the department, and shall be used for the purpose of regulating medical cannabis growers, medical cannabidiol manufacturers, and medical cannabidiol dispensaries and for other expenses necessary for the administration of the bill.
   ADDITIONAL DEPARTMENT DUTIES —— RULES. The bill requires the department to adopt rules relating to cannabidiol registration cards and a dispensing system for medical cannabidiol manufacturers, and requirements for the licensure of medical cannabis growers, medical cannabidiol manufacturers, and medical cannabidiol dispensaries, including annual fees, public safety procedures, and the establishment and implementation of statewide cannabidiol registry management sale and delivery tracking systems.
   RECIPROCITY. The bill provides that a valid cannabidiol registration card, or its equivalent, issued under the laws of another state allows an out-of-state patient to possess or use medical cannabidiol in this state, and allows the out-of-state patient to purchase medical cannabidiol from a medical cannabidiol dispensary in this state.
   USE OF CANNABIDIOL —— SMOKING AND VAPING PROHIBITED. The bill provides that a patient shall not consume the cannabidiol by smoking or vaping the cannabidiol.
   USE OF MEDICAL CANNABIDIOL —— AFFIRMATIVE DEFENSES.  The bill provides prosecution immunity for a health care practitioner, medical cannabis grower, medical cannabidiol manufacturer, and medical cannabidiol dispensary, including any authorized agents or employees thereof, for activities undertaken by the health care practitioner, medical cannabis grower, medical cannabidiol manufacturer, or medical cannabidiol dispensary pursuant to the provisions of the bill.
   PENALTIES. The bill provides certain criminal and civil penalties for a person who knowingly or intentionally possesses or uses cannabidiol in violation of the requirements of the bill, and for a medical cannabis grower, medical cannabidiol manufacturer, medical cannabidiol dispensary, health care practitioner, or patient or primary caregiver in violation of other provisions of the bill.
   REPORT AND RECOMMENDATIONS. The bill requires the university of Iowa carver college of medicine and college of pharmacy to, on or before July 1 of each year, beginning July 1, 2018, submit a report detailing the scientific literature, studies, and clinical trials regarding the medical use of cannabidiol to the department of public health and the general assembly. The report may recommend additional debilitating medical conditions that qualify for the medical use of cannabidiol and shall include a range of recommended dosages for each debilitating medical condition and the range of chemical compositions of any plant of the genus cannabis that will likely be medically beneficial for each of the debilitating medical conditions. The general assembly is requested to review any additional recommended debilitating medical conditions submitted to the general assembly during the next regular legislative session.