HF 950 (LSB 2002HV (3) 91)

HOUSE FILE 950

BY  COMMITTEE ON HEALTH AND HUMAN SERVICES

(SUCCESSOR TO HF 105)

A BILL FOR

An Act relating to hemp products and the definition, possession, and allowable forms of medical cannabidiol.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124E.2, subsection 10, Code 2025, is amended to read as follows:
   10.  “Medical cannabidiol” means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that is delivered in a form recommended by the medical cannabidiol board, approved by the board of medicine, and adopted by the department pursuant to rule.  “Medical cannabidiol” includes flowers of the plant Cannabis sativa L. or Cannabis indica in inhalable form, including nebulizable forms, vaporizable dried raw cannabis, and other vaporizable forms of cannabis.
    Sec. 2.  Section 124E.4, subsections 2 and 4, Code 2025, are amended to read as follows:
   2.  Patient card contents.  A medical cannabidiol registration card issued to a patient by the department pursuant to subsection 1 shall contain, at a minimum, all of the following:
   a.  The patient’s full name, Iowa residence address, and date of birth.
   b.  The date of issuance and expiration date of the medical cannabidiol registration card.
   c.  A statement that the patient shall not possess more total tetrahydrocannabinol than the patient is authorized to purchase in a ninety-day period.
   c.  d.  Any other information required by rule.
   4.  Primary caregiver card contents.  A medical cannabidiol registration card issued by the department to a primary caregiver pursuant to subsection 3 shall contain, at a minimum, all of the following:
   a.  The primary caregiver’s full name, residence address, and date of birth.
   b.  The date of issuance and expiration date of the registration card.
   c.  The medical cannabidiol registration card number of each patient in the primary caregiver’s care. If the patient in the primary caregiver’s care is under the age of eighteen, the full name of the patient’s parent or legal guardian.
   d.  A statement that the primary caregiver shall not possess more total tetrahydrocannabinol than the primary caregiver is authorized to purchase in a ninety-day period.
   d.  e.  Any other information required by rule.
    Sec. 3.  Section 124E.5, subsection 3, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  Creating packaging requirements for flowers of the plant Cannabis sativa L. or Cannabis indica in vaporizable form.
    Sec. 4.  Section 124E.9, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  16.  A medical cannabidiol dispensary shall not dispense inhalable forms of medical cannabidiol to a patient under twenty-one years of age.
    Sec. 5.  Section 124E.12, subsection 4, paragraphs a and b, Code 2025, are amended to read as follows:
   a.  In a prosecution for the unlawful possession of marijuana under the laws of this state for the possession of medical cannabidiol, 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 a debilitating medical condition, used or possessed medical cannabidiol pursuant to a certification by a health care practitioner as authorized under this chapter, possesses total tetrahydrocannabinol in an amount that does not exceed the amount of total tetrahydrocannabinol that the patient is authorized to purchase in a ninety-day period, and, for a patient eighteen years of age or older, is in possession of a valid medical cannabidiol registration card issued pursuant to this chapter.
   b.  In a prosecution for the unlawful possession of marijuana under the laws of this state for the possession of medical cannabidiol, including but not limited to chapters 124 and 453B, it is an affirmative and complete defense to the prosecution that the person possessed medical cannabidiol, in an amount that does not exceed the amount of total tetrahydrocannabinol that the primary caregiver is authorized to purchase in a ninety-day period, because the person is a primary caregiver of a patient who has been diagnosed with a debilitating medical condition and is in possession of a valid medical cannabidiol registration card issued pursuant to this chapter, and where the primary caregiver’s possession of the medical cannabidiol is on behalf of the patient and for the patient’s use only as authorized under this chapter.
    Sec. 6.  Section 124E.26, Code 2025, is amended to read as follows:
   124E.26  Applicability.
   1.  The provisions of this chapter apply notwithstanding any other provision of law to the contrary.
   2.  Nothing in this chapter shall be construed to limit a person from manufacturing, selling, or possessing a hemp product as authorized by chapter 204.
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 hemp products and the definition, possession, and allowable forms of medical cannabidiol. The bill changes the definition of “medical cannabidiol” to include flowers of the plant Cannabis sativa L. or Cannabis indica in inhalable form. The bill requires the medical cannabidiol board to create packaging requirements for vaporizable medical cannabidiol and prohibits a medical cannabidiol dispensary from dispensing inhalable forms of medical cannabidiol to patients under 21 years of age.
   The bill requires a medical cannabidiol registration card to include a statement that a patient or primary caregiver shall not possess more total tetrahydrocannabinol than the patient or primary caregiver is allowed to purchase in a 90-day period. The bill changes the affirmative defenses available to medical cannabidiol patients and primary caregivers to only apply when the patient or primary caregiver does not possess more total tetrahydrocannabinol than the patient or primary caregiver is allowed to purchase in a 90-day period. The bill does not limit a person from manufacturing, selling, or possessing a hemp product as authorized by Code chapter 204 (hemp and hemp products).