House File 282 - IntroducedA Bill ForAn Act 1relating to the regulation of medical cannabidiol, by
2altering the list of debilitating medical conditions and
3changing the definition of medical cannabidiol under the
4medical cannabidiol Act, and exempting sales of medical
5cannabidiol products from Iowa sales tax.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 124E.2, subsections 2 and 6, Code 2019,
2are amended to read as follows:
   32.  “Debilitating medical condition” means any of the
4following:
   5a.  Cancer, if the underlying condition or treatment produces
6one or more of the following:
   7(1)  Severe or chronic pain.
   8(2)  Nausea or severe vomiting.
   9(3)  Cachexia or severe wasting.
   10b.  Multiple sclerosis with severe and persistent muscle
11spasms
.
   12c.  Seizures, including those characteristic of epilepsy.
   13d.  AIDS or HIV as defined in section 141A.1.
   14e.  Crohn’s disease.
   15f.  Amyotrophic lateral sclerosis.
   16g.  Any terminal illness, with a probable life expectancy of
17under one year, if the illness or its treatment produces one or
18more of the following:
   19(1)  Severe or chronic pain.
   20(2)  Nausea or severe vomiting.
   21(3)  Cachexia or severe wasting.
   22h.  Parkinson’s disease.
   23i.  Untreatable pain Severe or chronic pain.
   24j.  Any other medical condition for which the patient’s
25health care practitioner determines the use of medical
26cannabidiol could be medically beneficial.
   276.  “Medical cannabidiol” means any pharmaceutical
28grade
cannabinoid found in the plant Cannabis sativa L. or
29Cannabis indica or any other preparation thereof that has
30a tetrahydrocannabinol level of no more than three percent
31and
that is delivered in a form recommended by the medical
32cannabidiol board, approved by the board of medicine, and
33adopted by the department pursuant to rule.
34   Sec. 2.  Section 124E.2, subsection 8, Code 2019, is amended
35by striking the subsection.
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1   Sec. 3.  Section 124E.3, subsection 1, paragraph a, Code
22019, is amended to read as follows:
   3a.  (1)  Determine, in the health care practitioner’s medical
4judgment, whether the patient whom the health care practitioner
5has examined and treated suffers from a debilitating medical
6condition that qualifies for the use of medical cannabidiol
7under this chapter, and if so determined, provide the patient
8with a written certification of that diagnosis.
   9(2)  If a health care practitioner determines that the
10patient whom the health care practitioner has examined and
11treated suffers from a debilitating medical condition pursuant
12to section 124E.2, subsection 2, paragraph “j”, that qualifies
13for the use of medical cannabidiol under this chapter, the
14health care practitioner’s written certification shall be based
15on reasonable medical evidence, and shall be made in good
16faith, in the best interest of the patient, without fraudulent
17intent, and with the same reasonable medical judgment and
18prudence exercised according to generally accepted medical
19practice.
20   Sec. 4.  Section 124E.5, subsection 6, Code 2019, is amended
21by striking the subsection.
22   Sec. 5.  Section 423.3, Code 2019, is amended by adding the
23following new subsection:
24   NEW SUBSECTION.  107.  The sales price of any medical
25cannabidiol product sold by a medical cannabidiol manufacturer
26or a medical cannabidiol dispensary pursuant to chapter 124E.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30This bill relates to the regulation of medical cannabidiol.
   31The bill amends the definition of “debilitating medical
32condition” under the medical cannabidiol Act (Code chapter
33124E) by removing the requirement that multiple sclerosis be
34accompanied by severe and persistent muscle spasms, replacing
35the term “untreatable pain” with “severe or chronic pain”, and
-2-1including any medical condition for which a patient’s health
2care practitioner determines the use of medical cannabidiol
3could be medically beneficial.
   4The bill requires that any certification made by a health
5care practitioner for a patient for a debilitating medical
6condition not explicitly included on the list of debilitating
7medical conditions shall be made by a health care practitioner
8pursuant to reasonable medical evidence, in good faith, in
9the best interest of the patient, without fraudulent intent,
10and with the same reasonable medical judgment and prudence
11exercised according to generally accepted medical practice.
12Under current law, a health care practitioner may only issue
13a written certification for a debilitating medical condition
14explicitly included on the list of debilitating medical
15conditions. A written certification may be renewed on an
16annual basis if the health care practitioner determines that
17the patient continues to suffer from the debilitating medical
18condition.
   19The bill alters the definition of medical cannabidiol by
20removing the requirements that medical cannabidiol be any
21pharmaceutical grade cannabinoid and that the cannabinoid has a
22tetrahydrocannabinol (THC) level of 3 percent or less.
   23The bill removes the authority of the medical cannabidiol
24board to recommend increasing the THC level in medical
25cannabidiol to more than 3 percent.
   26The bill exempts sales of medical cannabidiol products by
27a medical cannabidiol manufacturer or a medical cannabidiol
28dispensary pursuant to Code chapter 124E from sales tax.
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