H.F. 2589 Section 1. Section 96.5, Code 2020, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 14. Marijuana or controlled substance use in 3 the workplace —— disqualified. 4 a. For purposes of this subsection, unless the context 5 otherwise requires: 6 (1) “Controlled substance” means the same as defined in 7 section 124.101. 8 (2) “Marijuana” means the same as defined in section 124E.2. 9 b. If the department finds that the individual became 10 separated from employment due to ingesting marijuana in the 11 workplace, working while under the influence of marijuana, or 12 testing positive for any other controlled substance, for which 13 the individual did not have a current prescription or which the 14 individual was otherwise using unlawfully, under a drug testing 15 policy pursuant to section 730.5 or any other procedures 16 provided by federal statutes, federal regulations, or orders 17 issued pursuant to federal law. 18 c. A disqualification under this subsection shall continue 19 until the individual has worked in and has been paid wages for 20 insured work equal to ten times the individual’s weekly benefit 21 amount, provided the individual is otherwise eligible. 22 Sec. 2. Section 124E.2, subsection 2, paragraph i, Code 23 2020, is amended to read as follows: 24 i. Untreatable Chronic pain. 25 Sec. 3. Section 124E.2, subsection 2, Code 2020, is amended 26 by adding the following new paragraphs: 27 NEW PARAGRAPH . j. Severe, intractable autism with 28 self-injurious or aggressive behaviors. 29 NEW PARAGRAPH . k. Post-traumatic stress disorder. 30 Sec. 4. Section 124E.2, subsections 5 and 6, Code 2020, are 31 amended to read as follows: 32 5. “Health care practitioner” means an individual licensed 33 under chapter 148 to practice medicine and surgery or 34 osteopathic medicine and surgery , a physician assistant 35 -1- HF 2589 (4) 88 ss/rh/md 1/ 9

H.F. 2589 licensed under chapter 148C, an advanced registered nurse 1 practitioner licensed under chapter 152, or an advanced 2 practice registered nurse under chapter 152E, who is a 3 patient’s primary care provider or a podiatrist licensed 4 pursuant to chapter 149 . “Health care practitioner” shall not 5 include a physician assistant licensed under chapter 148C or 6 an advanced registered nurse practitioner licensed pursuant to 7 chapter 152 or 152E . 8 6. “Medical cannabidiol” means any pharmaceutical 9 grade cannabinoid found in the plant Cannabis sativa L. or 10 Cannabis indica or any other preparation thereof that has 11 a tetrahydrocannabinol level of no more than three percent 12 and that is delivered in a form recommended by the medical 13 cannabidiol board, approved by the board of medicine, and 14 adopted by the department pursuant to rule. 15 Sec. 5. Section 124E.2, Code 2020, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 4A. “Employee” means a natural person who 18 is employed in this state for wages by an employer. 19 NEW SUBSECTION . 4B. “Employer” means a person who in this 20 state employs for wages an employee. 21 NEW SUBSECTION . 5A. “Laboratory” means the state hygienic 22 laboratory at the university of Iowa in Iowa City or any other 23 independent medical cannabidiol testing facility accredited 24 to standard ISO/IEC 17025 by an international organization 25 for standards-approved accrediting body, with a controlled 26 substance registration certificate from the United States drug 27 enforcement administration and a certificate of registration 28 from the board of pharmacy. For the purposes of this chapter, 29 an independent laboratory is a laboratory operated by an 30 entity that has no equity ownership in a medical cannabidiol 31 manufacturer. 32 NEW SUBSECTION . 5B. “Marijuana” means any derivative of 33 marijuana including but not limited to medical cannabidiol. 34 NEW SUBSECTION . 7A. “Total tetrahydrocannabinol” 35 -2- HF 2589 (4) 88 ss/rh/md 2/ 9

H.F. 2589 means eighty-seven and seven-tenths percent of the 1 amount of tetrahydrocannabinolic acid plus the amount of 2 tetrahydrocannabinol. 3 Sec. 6. Section 124E.4, subsection 1, unnumbered paragraph 4 1, Code 2020, is amended to read as follows: 5 Subject to subsection 7 , the department may approve the 6 issuance of issue a medical cannabidiol registration card by 7 the department of transportation to a patient who: 8 Sec. 7. Section 124E.4, subsection 1, paragraph d, 9 unnumbered paragraph 1, Code 2020, is amended to read as 10 follows: 11 Submits an application to the department, on a form created 12 by the department, in consultation with the department of 13 transportation, that contains all of the following: 14 Sec. 8. Section 124E.4, subsection 1, paragraph f, Code 15 2020, is amended by striking the paragraph. 16 Sec. 9. Section 124E.4, subsection 2, unnumbered paragraph 17 1, Code 2020, is amended to read as follows: 18 A medical cannabidiol registration card issued to a patient 19 by the department of transportation pursuant to subsection 1 20 shall contain, at a minimum, all of the following: 21 Sec. 10. Section 124E.4, subsection 2, paragraph b, Code 22 2020, is amended by striking the paragraph. 23 Sec. 11. Section 124E.4, subsection 3, unnumbered paragraph 24 1, Code 2020, is amended to read as follows: 25 For a patient in a primary caregiver’s care, subject to 26 subsection 7 , the department may approve the issuance of issue 27 a medical cannabidiol registration card by the department of 28 transportation to the primary caregiver who: 29 Sec. 12. Section 124E.4, subsection 3, paragraph b, 30 unnumbered paragraph 1, Code 2020, is amended to read as 31 follows: 32 Submits an application to the department, on a form created 33 by the department, in consultation with the department of 34 transportation, that contains all of the following: 35 -3- HF 2589 (4) 88 ss/rh/md 3/ 9

H.F. 2589 Sec. 13. Section 124E.4, subsection 3, paragraph c, Code 1 2020, is amended by striking the paragraph. 2 Sec. 14. Section 124E.4, subsection 4, unnumbered paragraph 3 1, Code 2020, is amended to read as follows: 4 A medical cannabidiol registration card issued by the 5 department of transportation to a primary caregiver pursuant to 6 subsection 3 shall contain, at a minimum, all of the following: 7 Sec. 15. Section 124E.4, subsection 4, paragraph b, Code 8 2020, is amended by striking the paragraph. 9 Sec. 16. Section 124E.4, subsection 6, Code 2020, is amended 10 by striking the subsection. 11 Sec. 17. Section 124E.5, subsections 2 and 6, Code 2020, are 12 amended to read as follows: 13 2. The medical cannabidiol board shall convene at least 14 twice but no more than four times per year. 15 6. The medical cannabidiol board may recommend a statutory 16 revision to the definition of medical cannabidiol contained in 17 this chapter that increases the tetrahydrocannabinol level to 18 more than three percent, however, any such recommendation shall 19 be submitted to the general assembly during the regular session 20 of the general assembly following such submission. The general 21 assembly shall have the sole authority to revise the definition 22 of medical cannabidiol for purposes of this chapter . 23 Sec. 18. Section 124E.6, subsection 4, Code 2020, is amended 24 by striking the subsection and inserting in lieu thereof the 25 following: 26 4. A medical cannabidiol manufacturer shall contract with 27 a laboratory to perform spot-check testing of the medical 28 cannabidiol produced by the medical cannabidiol manufacturer 29 as provided in section 124E.7. The department shall require 30 that the laboratory report testing results to the medical 31 cannabidiol manufacturer and the department as determined by 32 the department by rule. If a medical cannabidiol manufacturer 33 contracts with a laboratory other than the state hygienic 34 laboratory at the university of Iowa in Iowa City, the 35 -4- HF 2589 (4) 88 ss/rh/md 4/ 9

H.F. 2589 department shall approve the laboratory to perform testing 1 pursuant to this chapter. 2 Sec. 19. Section 124E.7, subsection 1, Code 2020, is amended 3 by striking the subsection and inserting in lieu thereof the 4 following: 5 1. A medical cannabidiol manufacturer shall contract with 6 a laboratory to perform spot-check testing of the medical 7 cannabidiol produced by the medical cannabidiol manufacturer as 8 to content, contamination, and consistency. The cost of all 9 laboratory testing shall be paid by the medical cannabidiol 10 manufacturer. 11 Sec. 20. Section 124E.9, Code 2020, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 13. A medical cannabidiol dispensary 14 shall employ a pharmacist or pharmacy technician licensed or 15 registered pursuant to chapter 155A for the purpose of making 16 dosing recommendations. 17 NEW SUBSECTION . 14. A medical cannabidiol dispensary shall 18 not dispense more than a combined total of four and one-half 19 grams of total tetrahydrocannabinol to a patient and the 20 patient’s primary caregiver in a ninety-day period, except as 21 provided in subsection 15. 22 NEW SUBSECTION . 15. A medical cannabidiol dispensary 23 may dispense more than a combined total of four and one-half 24 of total tetrahydrocannabinol to a patient and the patient’s 25 primary caregiver in a ninety-day period if any of the 26 following apply: 27 a. The health care practitioner who certified the patient to 28 receive a medical cannabidiol registration card certifies that 29 patient’s debilitating medical condition is a terminal illness 30 with a life expectancy of less than one year. A certification 31 issued pursuant to this paragraph shall include a total 32 tetrahydrocannabinol cap deemed appropriate by the patient’s 33 health care practitioner. 34 b. The health care practitioner who certified the patient to 35 -5- HF 2589 (4) 88 ss/rh/md 5/ 9

H.F. 2589 receive a medical cannabidiol registration card certifies that 1 the patient has participated in the medical cannabidiol program 2 and that the health care practitioner has determined that four 3 and one-half of total tetrahydrocannabinol in a ninety-day 4 period is insufficient to treat the patient’s debilitating 5 medical condition. A certification issued pursuant to this 6 paragraph shall include a total tetrahydrocannabinol cap deemed 7 appropriate by the patient’s health care practitioner. 8 Sec. 21. Section 124E.11, subsection 1, paragraph b, 9 subparagraph (1), subparagraph divisions (a) and (c), Code 10 2020, are amended to read as follows: 11 (a) To authorized employees or agents of the department and 12 the department of transportation as necessary to perform the 13 duties of the department and the department of transportation 14 pursuant to this chapter . 15 (c) To authorized employees of a medical cannabidiol 16 dispensary, but only for the purpose purposes of verifying that 17 a person is lawfully in possession of a medical cannabidiol 18 registration card issued pursuant to this chapter and that a 19 person has not purchased total tetrahydrocannabinol in excess 20 of the amount authorized by this chapter . 21 Sec. 22. Section 124E.11, subsection 1, paragraph b, 22 subparagraph (1), Code 2020, is amended by adding the following 23 new subparagraph division: 24 NEW SUBPARAGRAPH DIVISION . (e) To a health care 25 practitioner for the purpose of determining whether a patient 26 seeking a written certification pursuant to section 124E.3 has 27 already received a written certification from another health 28 care practitioner. 29 Sec. 23. Section 124E.12, subsection 7, Code 2020, is 30 amended to read as follows: 31 7. Notwithstanding any law to the contrary, the department, 32 the department of transportation, the governor, or any employee 33 of any state agency shall not be held civilly or criminally 34 liable for any injury, loss of property, personal injury, or 35 -6- HF 2589 (4) 88 ss/rh/md 6/ 9

H.F. 2589 death caused by any act or omission while acting within the 1 scope of office or employment as authorized under this chapter . 2 Sec. 24. NEW SECTION . 124E.20 Observational effectiveness 3 study. 4 The department may conduct an observational effectiveness 5 study in cooperation with patients and health care 6 practitioners and pursuant to rules of the department in order 7 to study the effectiveness of medical cannabidiol in the 8 treatment of debilitating medical conditions. 9 Sec. 25. NEW SECTION . 124E.21 Employer regulation of 10 marijuana use. 11 1. Nothing in this chapter shall require an employer 12 to permit or accommodate the use, consumption, possession, 13 transfer, display, transportation, distribution, sale, or 14 growing of marijuana in the workplace. 15 2. Nothing in this chapter shall prohibit an employer from 16 implementing policies restricting the use of marijuana by 17 employees for the purpose of promoting workplace health and 18 safety. 19 3. Nothing in this chapter shall prohibit an employer 20 from including in a contract with an employee a provision 21 prohibiting the use of marijuana. 22 4. Nothing in this chapter shall prohibit an employer 23 from establishing and enforcing a zero-tolerance drug policy 24 or a drug-free workplace by use of a drug testing policy in 25 accordance with section 730.5 or any other procedures provided 26 by federal statutes, federal regulations, or orders issued 27 pursuant to federal law. 28 Sec. 26. NEW SECTION . 124E.22 Regulation of marijuana 29 use by government medical assistance programs, private health 30 insurers, and other entities. 31 Nothing in this chapter shall require a government 32 medical assistance program, private health insurer, workers’ 33 compensation carrier, or self-insured employer providing 34 workers’ compensation benefits to reimburse a person for costs 35 -7- HF 2589 (4) 88 ss/rh/md 7/ 9

H.F. 2589 associated with the medical use of marijuana. 1 Sec. 27. NEW SECTION . 124E.23 Regulation of marijuana use 2 on property. 3 Nothing in this chapter shall require a person that owns, 4 occupies, or controls a property to allow the use, consumption, 5 possession, transfer, display, transportation, distribution, 6 sale, or growing of marijuana on or in that property. 7 Sec. 28. NEW SECTION . 124E.24 Limitation of liability. 8 Nothing in this chapter shall create any claim, cause of 9 action, sanction, or penalty, for discrimination or under 10 any other theory of liability, under chapter 216 or any 11 other provision of law, based on an act, omission, policy, or 12 contractual provision permissible under this chapter including 13 but not limited to refusing to hire, discharging, disciplining, 14 discriminating, retaliating, or otherwise taking any adverse 15 employment action against a person with respect to hiring, 16 tenure, or any terms, conditions, or privileges of employment. 17 Sec. 29. NEW SECTION . 124E.25 Cannabis-derived products 18 —— exemption. 19 This chapter shall not apply to any cannabis-derived 20 investigational product or cannabis-derived product approved as 21 a prescription drug medication by the United States food and 22 drug administration. 23 Sec. 30. NEW SECTION . 124E.26 Applicability. 24 The provisions of this chapter apply notwithstanding any 25 other provision of law to the contrary. 26 Sec. 31. PROTECTION OF FEDERAL FUNDING. The department 27 of public health shall request guarantees from the agencies 28 of the federal government providing funding to educational 29 and long-term care facilities that facilities with policies 30 allowing patients to possess medical cannabidiol on the grounds 31 of the facilities consistent with chapter 124E or allowing 32 facility staff to administer medical cannabidiol to a patient 33 shall not lose eligibility for any federal funding due to such 34 policies. 35 -8- HF 2589 (4) 88 ss/rh/md 8/ 9