H.F. 2307 Section 1. Section 124E.2, subsection 10, Code 2022, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 10. “Medical cannabidiol” means any species of the genus 4 cannabis plant, or any mixture or preparation thereof, 5 including whole plant extracts and resins, that is delivered 6 by combustion of dried raw cannabis or in a form recommended 7 by the medical cannabidiol board, approved by the board of 8 medicine, and adopted by the department pursuant to rule. 9 Sec. 2. Section 124E.9, Code 2022, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 16. A medical cannabidiol dispensary shall 12 not dispense combustible dried raw cannabis to a patient or the 13 patient’s primary caregiver unless the health care practitioner 14 who certified the patient to receive a medical cannabidiol 15 registration card certifies that the patient may receive 16 combustible dried raw cannabis and the patient is at least 17 twenty-one years of age. A certification issued pursuant to 18 this subsection shall include a total tetrahydrocannabinol cap 19 deemed appropriate by the patient’s health care practitioner. 20 A medical cannabidiol dispensary shall not dispense more than 21 three ounces of combustible dried raw cannabis in a single 22 transaction. 23 Sec. 3. Section 124E.12, subsection 4, Code 2022, is amended 24 to read as follows: 25 4. a. In Except as otherwise provided in subsection 4A, 26 in a prosecution for the unlawful possession of marijuana 27 under the laws of this state for the possession of medical 28 cannabidiol, including but not limited to chapters 124 29 and 453B , it is an affirmative and complete defense to 30 the prosecution that the patient has been diagnosed with a 31 debilitating medical condition, used or possessed medical 32 cannabidiol pursuant to a certification by a health care 33 practitioner as authorized under this chapter , and, for a 34 patient eighteen years of age or older, is in possession of a 35 -1- LSB 5790YH (2) 89 ss/rh 1/ 5

H.F. 2307 valid medical cannabidiol registration card issued pursuant to 1 this chapter . 2 b. In Except as otherwise provided in subsection 4A, in a 3 prosecution for the unlawful possession of marijuana under the 4 laws of this state for the possession of medical cannabidiol, 5 including but not limited to chapters 124 and 453B , it is an 6 affirmative and complete defense to the prosecution that the 7 person possessed medical cannabidiol because the person is a 8 primary caregiver of a patient who has been diagnosed with a 9 debilitating medical condition and is in possession of a valid 10 medical cannabidiol registration card issued pursuant to this 11 chapter , and where the primary caregiver’s possession of the 12 medical cannabidiol is on behalf of the patient and for the 13 patient’s use only as authorized under this chapter . 14 c. If Except as otherwise provided in subsection 4A, if 15 a patient or primary caregiver is charged with the unlawful 16 possession of marijuana under the laws of this state for the 17 possession of medical cannabidiol, including but not limited 18 to chapters 124 and 453B , and is not in possession of the 19 person’s medical cannabidiol registration card, any charge or 20 charges filed against the person for the possession of medical 21 cannabidiol shall be dismissed by the court if the person 22 produces to the court prior to or at the person’s trial a 23 medical cannabidiol registration card issued to that person and 24 valid at the time the person was charged. 25 Sec. 4. Section 124E.12, Code 2022, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 4A. a. In a prosecution for the unlawful 28 possession of marijuana under the laws of this state for the 29 possession of medical cannabidiol in the form of combustible 30 dried raw cannabis, including but not limited to chapters 31 124 and 453B, it is an affirmative and complete defense to 32 the prosecution that the patient has been diagnosed with a 33 debilitating medical condition, used or possessed medical 34 cannabidiol pursuant to a certification by a health care 35 -2- LSB 5790YH (2) 89 ss/rh 2/ 5

H.F. 2307 practitioner as authorized under this chapter, is in possession 1 of a valid medical cannabidiol registration card issued 2 pursuant to this chapter, has been certified by the patient’s 3 health care practitioner to use combustible dried raw cannabis, 4 is at least twenty-one years of age, and possessed no more than 5 three ounces of combustible dried raw cannabis. 6 b. In a prosecution for the unlawful possession of marijuana 7 under the laws of this state for the possession of medical 8 cannabidiol in the form of combustible dried raw cannabis, 9 including but not limited to chapters 124 and 453B, it is an 10 affirmative and complete defense to the prosecution that the 11 person possessed medical cannabidiol in the form of combustible 12 dried raw cannabis because the person is a primary caregiver of 13 a patient who has been diagnosed with a debilitating medical 14 condition and is in possession of a valid medical cannabidiol 15 registration card issued pursuant to this chapter, and where 16 the primary caregiver’s possession of the medical cannabidiol 17 in the form of combustible dried raw cannabis is on behalf of 18 the patient, who is at least twenty-one years of age and has 19 been certified to use combustible dried raw cannabis, and for 20 the patient’s use only as authorized under this chapter. 21 c. If a patient or primary caregiver is charged with 22 the unlawful possession of marijuana under the laws of this 23 state for the possession of medical cannabidiol in the form 24 of combustible dried raw cannabis, including but not limited 25 to chapters 124 and 453B, and is not in possession of the 26 person’s medical cannabidiol registration card, any charge or 27 charges filed against the person for the possession of medical 28 cannabidiol in the form of combustible dried raw cannabis shall 29 be dismissed by the court if the person produces to the court 30 prior to or at the person’s trial all of the following: 31 (1) A medical cannabidiol registration card issued to that 32 person and valid at the time the person was charged. 33 (2) Proof that the patient has been certified by the 34 patient’s health care practitioner to use medical cannabidiol 35 -3- LSB 5790YH (2) 89 ss/rh 3/ 5

H.F. 2307 in the form of combustible dried raw cannabis. 1 Sec. 5. Section 124E.17, Code 2022, is amended to read as 2 follows: 3 124E.17 Use of medical cannabidiol —— underage smoking 4 prohibited. 5 A patient under twenty-one years of age shall not purchase, 6 possess, or consume medical cannabidiol possessed or used as 7 authorized under this chapter by smoking medical cannabidiol in 8 the form of combustible dried raw cannabis . 9 Sec. 6. CONTINGENT EFFECTIVE DATE. This Act takes effect 10 January 1, 2023, or on the date that the department of public 11 health determines that laboratories are prepared to perform 12 required testing on dried raw cannabis, whichever is earlier. 13 The department of public health shall notify the Code editor 14 if the department makes the determination described in this 15 section prior to January 1, 2023. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the use of medical cannabidiol in the 20 form of combustible dried raw cannabis. The bill changes the 21 definition of “medical cannabidiol” to include any species 22 of the genus cannabis plant, or any mixture or preparation 23 thereof, including whole plant extracts and resins, that is 24 delivered by combustion of dried raw cannabis or in a form 25 recommended by the medical cannabidiol board, approved by the 26 board of medicine, and adopted by the department pursuant 27 to rule. The bill allows a medical cannabidiol dispensary 28 to dispense medical cannabidiol in the form of combustible 29 dried raw cannabis to a patient if the patient’s health 30 care practitioner has certified that the patient may receive 31 combustible dried raw cannabis and the patient is at least 21 32 years of age. A certification to receive combustible dried 33 raw cannabis shall include a total tetrahydrocannabinol cap 34 deemed appropriate by the patient’s health care practitioner. 35 -4- LSB 5790YH (2) 89 ss/rh 4/ 5

H.F. 2307 A medical cannabidiol dispensary shall not dispense more 1 than three ounces of combustible dried cannabis in a single 2 transaction. 3 The bill adds affirmative defenses against prosecution for 4 possession of marijuana that is medical cannabidiol in the form 5 of combustible dried raw cannabis that is possessed by a person 6 who possesses a valid medical cannabidiol registration card, is 7 at least 21 years of age, is certified to receive combustible 8 dried raw cannabis, and possesses no more than three ounces of 9 combustible dried raw cannabis, and for the primary caregiver 10 of such a person. 11 The bill prohibits a person under 21 years of age from 12 purchasing, possessing, or consuming medical cannabidiol in the 13 form of combustible dried raw cannabis. Current law prohibits 14 any person from smoking medical cannabidiol. 15 The bill takes effect on January 1, 2023, or on the date that 16 the department of public health determines that laboratories 17 are prepared to perform required testing on dried raw cannabis, 18 whichever is earlier. The department shall notify the Code 19 editor if the bill takes effect prior to January 1, 2023. 20 -5- LSB 5790YH (2) 89 ss/rh 5/ 5