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House Study Bill 653 - IntroducedA Bill ForAn Act 1concerning the medical cannabidiol Act.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2MEDICAL CANNABIDIOL PROGRAM
3 Section 1. Section 124E.1, Code 2020, is amended to read as
4follows:
5124E.1 Short title.
6This chapter shall be known and may be cited as the “Medical
7Cannabidiol Cannabis Act”.
8 Sec. 2. Section 124E.2, subsections 5 and 6, Code 2020, are
9amended to read as follows:
105. “Health care practitioner” means an individual licensed
11under chapter 148 to practice medicine and surgery or
12osteopathic medicine and surgery, a physician assistant
13licensed under chapter 148C, a podiatrist licensed pursuant to
14chapter 149, an advanced registered nurse practitioner licensed
15under chapter 152, or an advanced practice registered nurse
16under chapter 152E, who is a patient’s primary care provider.
17“Health care practitioner” shall not include a physician
18assistant licensed under chapter 148C or an advanced registered
19nurse practitioner licensed pursuant to chapter 152 or 152E.
206. “Medical cannabidiol” cannabis” means any pharmaceutical
21grade cannabinoid found in the plant Cannabis sativa L. or
22Cannabis indica or any other preparation thereof that has
23a tetrahydrocannabinol level of no more than three percent
24and that is delivered in a form recommended by the medical
25cannabidiol cannabis board, approved by the board of medicine,
26and adopted by the department pursuant to rule.
27 Sec. 3. Section 124E.2, Code 2020, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 7A. “Total tetrahydrocannabinol” means
30the amount of tetrahydrocannabinol plus the amount of
31tetrahydrocannabinolic acid.
32 Sec. 4. Section 124E.4, subsection 1, unnumbered paragraph
331, Code 2020, is amended to read as follows:
34Subject to subsection 7, the department may approve the
35issuance of issue a medical cannabidiol cannabis registration
-1-1card by the department of transportation to a patient who:
2 Sec. 5. Section 124E.4, subsection 1, paragraph d,
3unnumbered paragraph 1, Code 2020, is amended to read as
4follows:
5Submits an application to the department, on a form created
6by the department, in consultation with the department of
7transportation, that contains all of the following:
8 Sec. 6. Section 124E.4, subsection 1, paragraph f, Code
92020, is amended by striking the paragraph.
10 Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph
111, Code 2020, is amended to read as follows:
12A medical cannabidiol cannabis registration card issued
13to a patient by the department of transportation pursuant to
14subsection 1 shall contain, at a minimum, all of the following:
15 Sec. 8. Section 124E.4, subsection 3, unnumbered paragraph
161, Code 2020, is amended to read as follows:
17For a patient in a primary caregiver’s care, subject to
18subsection 7, the department may approve the issuance of
19 issue a medical cannabidiol cannabis registration card by the
20department of transportation to the primary caregiver who:
21 Sec. 9. Section 124E.4, subsection 3, paragraph b,
22unnumbered paragraph 1, Code 2020, is amended to read as
23follows:
24Submits an application to the department, on a form created
25by the department, in consultation with the department of
26transportation, that contains all of the following:
27 Sec. 10. Section 124E.4, subsection 3, paragraph c, Code
282020, is amended by striking the paragraph.
29 Sec. 11. Section 124E.4, subsection 4, unnumbered paragraph
301, Code 2020, is amended to read as follows:
31A medical cannabidiol cannabis registration card issued
32by the department of transportation to a primary caregiver
33pursuant to subsection 3 shall contain, at a minimum, all of
34the following:
35 Sec. 12. Section 124E.4, subsection 6, Code 2020, is amended
-2-1by striking the subsection.
2 Sec. 13. Section 124E.5, subsection 2, Code 2020, is amended
3to read as follows:
42. The medical cannabidiol cannabis board shall convene at
5least twice but no more than four times per year.
6 Sec. 14. Section 124E.5, subsection 6, Code 2020, is amended
7to read as follows:
86. The medical cannabidiol board may recommend a statutory
9revision to the definition of medical cannabidiol contained in
10this chapter that increases the tetrahydrocannabinol level to
11more than three percent, however, any such recommendation shall
12be submitted to the general assembly during the regular session
13of the general assembly following such submission. The general
14assembly shall have the sole authority to revise the definition
15of medical cannabidiol cannabis for purposes of this chapter.
16 Sec. 15. Section 124E.9, Code 2020, is amended by adding the
17following new subsections:
18 NEW SUBSECTION. 13. A medical cannabis dispensary shall
19employ a pharmacist or pharmacy technician licensed or
20registered pursuant to chapter 155A for the purpose of making
21dosing recommendations.
22 NEW SUBSECTION. 14. A medical cannabis dispensary shall not
23dispense more than a combined total of four and one-half grams
24of total tetrahydrocannabinol to a patient and the patient’s
25primary caregiver in a ninety-day period. The department may
26decrease this limit by rule as provided in section 124E.11,
27subsection 2, paragraph “c”.
28 Sec. 16. Section 124E.11, subsection 1, paragraph b,
29subparagraph (1), subparagraph division (a), Code 2020, is
30amended to read as follows:
31(a) To authorized employees or agents of the department and
32the department of transportation as necessary to perform the
33duties of the department and the department of transportation
34 pursuant to this chapter.
35 Sec. 17. Section 124E.11, subsection 1, paragraph b,
-3-1subparagraph (1), subparagraph division (c), Code 2020, is
2amended to read as follows:
3(c) To authorized employees of a medical cannabidiol
4 cannabis dispensary, but only for the purpose purposes
5 of verifying that a person is lawfully in possession of a
6medical cannabidiol cannabis registration card issued pursuant
7to this chapter and that a person has not purchased total
8tetrahydrocannabinol in excess of the amount authorized by this
9chapter.
10 Sec. 18. Section 124E.11, subsection 1, paragraph b,
11subparagraph (1), Code 2020, is amended by adding the following
12new subparagraph division:
13 NEW SUBPARAGRAPH DIVISION. (e) To a health care
14practitioner for the purpose of determining whether a patient
15seeking a written certification pursuant to section 124E.3 has
16already received a written certification from another health
17care practitioner.
18 Sec. 19. Section 124E.12, subsection 7, Code 2020, is
19amended to read as follows:
207. Notwithstanding any law to the contrary, the department,
21the department of transportation, the governor, or any employee
22of any state agency shall not be held civilly or criminally
23liable for any injury, loss of property, personal injury, or
24death caused by any act or omission while acting within the
25scope of office or employment as authorized under this chapter.
26 Sec. 20. NEW SECTION. 124E.20 Observational effectiveness
27study.
28The department may conduct an observational effectiveness
29study in cooperation with patients and health care
30practitioners and pursuant to rules of the department in order
31to study the effectiveness of medical cannabis in the treatment
32of debilitating medical conditions.
33 Sec. 21. PROTECTION OF FEDERAL FUNDING. The department
34of public health shall request guarantees from the agencies
35of the federal government providing funding to educational
-4-1and long-term care facilities that facilities with policies
2allowing patients to possess medical cannabis on the grounds
3of the facilities consistent with chapter 124E or allowing
4facility staff to administer medical cannabis to a patient
5shall not lose eligibility for any federal funding due to such
6policies.
7 Sec. 22. TRANSITION PROVISIONS. A medical cannabidiol
8registration card issued prior to July 1, 2020, remains
9effective and continues in effect as issued for the
10twelve-month period following its issuance.
11DIVISION II
12MEDICAL CANNABIDIOL PROGRAM NAME CHANGE — conforming code
13changes
14 Sec. 23. Section 124.401, subsection 5, unnumbered
15paragraph 3, Code 2020, is amended to read as follows:
16A person may knowingly or intentionally recommend, possess,
17use, dispense, deliver, transport, or administer cannabidiol
18 medical cannabis if the recommendation, possession, use,
19dispensing, delivery, transporting, or administering is in
20accordance with the provisions of chapter 124E. For purposes
21of this paragraph, “cannabidiol” “medical cannabis” means the
22same as defined in section 124E.2.
23 Sec. 24. Section 124E.2, subsection 7, Code 2020, is amended
24to read as follows:
257. “Primary caregiver” means a person who is a resident of
26this state or a bordering state as defined in section 331.910,
27including but not limited to a parent or legal guardian, at
28least eighteen years of age, who has been designated by a
29patient’s health care practitioner as a necessary caretaker
30taking responsibility for managing the well-being of the
31patient with respect to the use of medical cannabidiol cannabis
32 pursuant to the provisions of this chapter.
33 Sec. 25. Section 124E.3, subsection 1, Code 2020, is amended
34to read as follows:
351. Prior to a patient’s submission of an application for
-5-1a medical cannabidiol cannabis registration card pursuant to
2section 124E.4, a health care practitioner shall do all of the
3following:
4a. Determine, in the health care practitioner’s medical
5judgment, whether the patient whom the health care practitioner
6has examined and treated suffers from a debilitating medical
7condition that qualifies for the use of medical cannabidiol
8 cannabis under this chapter, and if so determined, provide the
9patient with a written certification of that diagnosis.
10b. Provide explanatory information as provided by the
11department to the patient about the therapeutic use of medical
12cannabidiol cannabis and the possible risks, benefits, and side
13effects of the proposed treatment.
14 Sec. 26. Section 124E.4, subsection 1, paragraph e, Code
152020, is amended to read as follows:
16e. Submits a medical cannabidiol cannabis registration card
17fee of one hundred dollars to the department. If the patient
18attests to receiving social security disability benefits,
19supplemental security insurance payments, or being enrolled in
20the medical assistance program, the fee shall be twenty-five
21dollars.
22 Sec. 27. Section 124E.4, subsection 2, paragraph c, Code
232020, is amended to read as follows:
24c. The date of issuance and expiration date of the medical
25cannabidiol cannabis registration card.
26 Sec. 28. Section 124E.4, subsection 3, paragraph d, Code
272020, is amended to read as follows:
28d. Submits a medical cannabidiol cannabis registration card
29fee of twenty-five dollars to the department.
30 Sec. 29. Section 124E.4, subsection 4, paragraph d, Code
312020, is amended to read as follows:
32d. The medical cannabidiol cannabis registration card
33number of each patient in the primary caregiver’s care. If
34the patient in the primary caregiver’s care is under the age
35of eighteen, the full name of the patient’s parent or legal
-6-1guardian.
2 Sec. 30. Section 124E.4, subsections 5 and 7, Code 2020, are
3amended to read as follows:
45. Expiration date of card. A medical cannabidiol cannabis
5 registration card issued pursuant to this section shall expire
6one year after the date of issuance and may be renewed.
77. Federally approved clinical trials. The department shall
8not approve the issuance of a medical cannabidiol cannabis
9 registration card pursuant to this section for a patient who
10is enrolled in a federally approved clinical trial for the
11treatment of a debilitating medical condition with medical
12cannabidiol cannabis.
13 Sec. 31. Section 124E.5, subsection 1, paragraphs a and b,
14Code 2020, are amended to read as follows:
15a. A medical cannabidiol cannabis board is created
16consisting of eight practitioners representing the fields
17of neurology, pain management, gastroenterology, oncology,
18psychiatry, pediatrics, family medicine, and pharmacy, and one
19representative from law enforcement.
20b. The practitioners shall be licensed in this state and
21nationally board-certified in their area of specialty and
22knowledgeable about the use of medical cannabidiol cannabis.
23 Sec. 32. Section 124E.5, subsections 3, 4, and 5, Code 2020,
24are amended to read as follows:
253. The duties of the medical cannabidiol cannabis board
26shall include but not be limited to the following:
27a. Accepting and reviewing petitions to add medical
28conditions, medical treatments, or debilitating diseases to the
29list of debilitating medical conditions for which the medical
30use of cannabidiol cannabis would be medically beneficial under
31this chapter.
32b. Making recommendations relating to the removal or
33addition of debilitating medical conditions to the list
34of allowable debilitating medical conditions for which the
35medical use of cannabidiol cannabis under this chapter would
-7-1be medically beneficial.
2c. Working with the department regarding the requirements
3for the licensure of medical cannabidiol cannabis manufacturers
4and medical cannabidiol cannabis dispensaries, including
5licensure procedures.
6d. Advising the department regarding the location of medical
7cannabidiol cannabis manufacturers and medical cannabidiol
8 cannabis dispensaries throughout the state.
9e. Making recommendations relating to the form and quantity
10of allowable medical uses of cannabidiol cannabis.
114. Recommendations made by the medical cannabidiol cannabis
12 board pursuant to subsection 3, paragraphs “b” and “e”, shall
13be made to the board of medicine for consideration, and if
14approved, shall be adopted by the board of medicine by rule.
155. On or before January 1 of each year, beginning January
161, 2018, the medical cannabidiol cannabis board shall submit a
17report detailing the activities of the board.
18 Sec. 33. Section 124E.6, Code 2020, is amended to read as
19follows:
20124E.6 Medical cannabidiol cannabis manufacturer licensure.
211. a. The department shall issue a request for proposals
22to select and license by December 1, 2017, up to two medical
23cannabidiol cannabis manufacturers to manufacture and to
24possess, cultivate, harvest, transport, package, process,
25or supply medical cannabidiol cannabis within this state
26consistent with the provisions of this chapter. The department
27shall license new medical cannabidiol cannabis manufacturers
28or relicense the existing medical cannabidiol cannabis
29 manufacturers by December 1 of each year.
30b. Information submitted during the application process
31shall be confidential until a medical cannabidiol cannabis
32 manufacturer is licensed by the department unless otherwise
33protected from disclosure under state or federal law.
342. As a condition for licensure, a medical cannabidiol
35 cannabis manufacturer must agree to begin supplying medical
-8-1cannabidiol cannabis to medical cannabidiol cannabis
2 dispensaries in this state no later than December 1, 2018.
33. The department shall consider the following factors in
4determining whether to select and license a medical cannabidiol
5 cannabis manufacturer:
6a. The technical expertise of the medical cannabidiol
7 cannabis manufacturer regarding medical cannabidiol cannabis.
8b. The qualifications of the medical cannabidiol cannabis
9 manufacturer’s employees.
10c. The long-term financial stability of the medical
11cannabidiol cannabis manufacturer.
12d. The ability to provide appropriate security measures on
13the premises of the medical cannabidiol cannabis manufacturer.
14e. Whether the medical cannabidiol cannabis manufacturer
15has demonstrated an ability to meet certain medical cannabidiol
16 cannabis production needs for medical use regarding the range
17of recommended dosages for each debilitating medical condition,
18the range of chemical compositions of any plant of the genus
19cannabis that will likely be medically beneficial for each
20of the debilitating medical conditions, and the form of the
21medical cannabidiol cannabis in the manner determined by the
22department pursuant to rule.
23f. The medical cannabidiol cannabis manufacturer’s
24projection of and ongoing assessment of fees on patients with
25debilitating medical conditions.
264. The department shall require each medical cannabidiol
27 cannabis manufacturer to contract with the state hygienic
28laboratory at the university of Iowa in Iowa City or an
29independent medical cannabidiol cannabis testing laboratory to
30perform spot-check testing of the medical cannabidiol cannabis
31 produced by the manufacturer as provided in section 124E.7.
32The department shall require that the laboratory report testing
33results to the manufacturer in a manner determined by the
34department pursuant to rule.
355. Each entity submitting an application for licensure
-9-1as a medical cannabidiol cannabis manufacturer shall pay a
2nonrefundable application fee of seven thousand five hundred
3dollars to the department.
4 Sec. 34. Section 124E.7, Code 2020, is amended to read as
5follows:
6124E.7 Medical cannabidiol cannabis manufacturers.
71. A medical cannabidiol cannabis manufacturer shall
8contract with the state hygienic laboratory at the university
9of Iowa in Iowa City or an independent medical cannabidiol
10 cannabis testing laboratory to perform spot-check testing of
11the medical cannabidiol cannabis manufactured by the medical
12cannabidiol cannabis manufacturer as to content, contamination,
13and consistency. The cost of all laboratory testing shall be
14paid by the medical cannabidiol cannabis manufacturer.
152. The operating documents of a medical cannabidiol
16 cannabis manufacturer shall include all of the following:
17a. Procedures for the oversight of the medical cannabidiol
18 cannabis manufacturer and procedures to ensure accurate
19recordkeeping.
20b. Procedures for the implementation of appropriate security
21measures to deter and prevent the theft of medical cannabidiol
22 cannabis and unauthorized entrance into areas containing
23medical cannabidiol cannabis.
243. A medical cannabidiol cannabis manufacturer shall
25implement security requirements, including requirements for
26protection of each location by a fully operational security
27alarm system, facility access controls, perimeter intrusion
28detection systems, and a personnel identification system.
294. A medical cannabidiol cannabis manufacturer shall
30not share office space with, refer patients to, or have any
31financial relationship with a health care practitioner.
325. A medical cannabidiol cannabis manufacturer shall not
33permit any person to consume medical cannabidiol cannabis on
34the property of the medical cannabidiol cannabis manufacturer.
356. A medical cannabidiol cannabis manufacturer is subject
-10-1to reasonable inspection by the department.
27. A medical cannabidiol cannabis manufacturer shall not
3employ a person who is under eighteen years of age or who has
4been convicted of a disqualifying felony offense. An employee
5of a medical cannabidiol cannabis manufacturer shall be subject
6to a background investigation conducted by the division of
7criminal investigation of the department of public safety and a
8national criminal history background check pursuant to section
9124E.19.
108. A medical cannabidiol cannabis manufacturer owner shall
11not have been convicted of a disqualifying felony offense and
12shall be subject to a background investigation conducted by
13the division of criminal investigation of the department of
14public safety and a national criminal history background check
15pursuant to section 124E.19.
169. A medical cannabidiol cannabis manufacturer shall not
17operate at the same physical location as a medical cannabidiol
18 cannabis dispensary.
1910. A medical cannabidiol cannabis manufacturer shall not
20operate in any location, whether for manufacturing, possessing,
21cultivating, harvesting, transporting, packaging, processing,
22or supplying, within one thousand feet of a public or private
23school existing before the date of the medical cannabidiol
24 cannabis manufacturer’s licensure by the department.
2511. A medical cannabidiol cannabis manufacturer shall
26comply with reasonable restrictions set by the department
27relating to signage, marketing, display, and advertising of
28medical cannabidiol cannabis.
2912. a. A medical cannabidiol cannabis manufacturer shall
30provide a reliable and ongoing supply of medical cannabidiol
31 cannabis to medical cannabidiol cannabis dispensaries pursuant
32to this chapter.
33b. All manufacturing, cultivating, harvesting, packaging,
34and processing of medical cannabidiol cannabis shall take place
35in an enclosed, locked facility at a physical address provided
-11-1to the department during the licensure process.
2c. A medical cannabidiol cannabis manufacturer shall not
3manufacture edible medical cannabidiol cannabis products.
4 Sec. 35. Section 124E.8, Code 2020, is amended to read as
5follows:
6124E.8 Medical cannabidiol cannabis dispensary licensure.
71. a. The department shall issue a request for proposals
8to select and license by April 1, 2018, up to five medical
9cannabidiol cannabis dispensaries to dispense medical
10cannabidiol cannabis within this state consistent with the
11provisions of this chapter. The department shall license new
12medical cannabidiol cannabis dispensaries or relicense the
13existing medical cannabidiol cannabis dispensaries by December
141 of each year.
15b. Information submitted during the application process
16shall be confidential until a medical cannabidiol cannabis
17 dispensary is licensed by the department unless otherwise
18protected from disclosure under state or federal law.
192. As a condition for licensure, a medical cannabidiol
20 cannabis dispensary must agree to begin supplying medical
21cannabidiol cannabis to patients by December 1, 2018.
223. The department shall consider the following factors in
23determining whether to select and license a medical cannabidiol
24 cannabis dispensary:
25a. The technical expertise of the medical cannabidiol
26 cannabis dispensary regarding medical cannabidiol cannabis.
27b. The qualifications of the medical cannabidiol cannabis
28 dispensary’s employees.
29c. The long-term financial stability of the medical
30cannabidiol cannabis dispensary.
31d. The ability to provide appropriate security measures on
32the premises of the medical cannabidiol cannabis dispensary.
33e. The medical cannabidiol cannabis dispensary’s projection
34and ongoing assessment of fees for the purchase of medical
35cannabidiol cannabis on patients with debilitating medical
-12-1conditions.
24. Each entity submitting an application for licensure
3as a medical cannabidiol cannabis dispensary shall pay a
4nonrefundable application fee of five thousand dollars to the
5department.
6 Sec. 36. Section 124E.9, Code 2020, is amended to read as
7follows:
8124E.9 Medical cannabidiol cannabis dispensaries.
91. a. The medical cannabidiol cannabis dispensaries shall
10be located based on geographical need throughout the state to
11improve patient access.
12b. A medical cannabidiol cannabis dispensary may dispense
13medical cannabidiol cannabis pursuant to the provisions of this
14chapter but shall not dispense any medical cannabidiol cannabis
15 in a form or quantity other than the form or quantity allowed
16by the department pursuant to rule.
172. The operating documents of a medical cannabidiol
18 cannabis dispensary shall include all of the following:
19a. Procedures for the oversight of the medical cannabidiol
20 cannabis dispensary and procedures to ensure accurate
21recordkeeping.
22b. Procedures for the implementation of appropriate security
23measures to deter and prevent the theft of medical cannabidiol
24 cannabis and unauthorized entrance into areas containing
25medical cannabidiol cannabis.
263. A medical cannabidiol cannabis dispensary shall
27implement security requirements, including requirements for
28protection by a fully operational security alarm system,
29facility access controls, perimeter intrusion detection
30systems, and a personnel identification system.
314. A medical cannabidiol cannabis dispensary shall not
32share office space with, refer patients to, or have any
33financial relationship with a health care practitioner.
345. A medical cannabidiol cannabis dispensary shall not
35permit any person to consume medical cannabidiol cannabis on
-13-1the property of the medical cannabidiol cannabis dispensary.
26. A medical cannabidiol cannabis dispensary is subject to
3reasonable inspection by the department.
47. A medical cannabidiol cannabis dispensary shall not
5employ a person who is under eighteen years of age or who has
6been convicted of a disqualifying felony offense. An employee
7of a medical cannabidiol cannabis dispensary shall be subject
8to a background investigation conducted by the division of
9criminal investigation of the department of public safety and a
10national criminal history background check pursuant to section
11124E.19.
128. A medical cannabidiol cannabis dispensary owner shall
13not have been convicted of a disqualifying felony offense and
14shall be subject to a background investigation conducted by
15the division of criminal investigation of the department of
16public safety and a national criminal history background check
17pursuant to section 124E.19.
189. A medical cannabidiol cannabis dispensary shall not
19operate at the same physical location as a medical cannabidiol
20 cannabis manufacturer.
2110. A medical cannabidiol cannabis dispensary shall not
22operate in any location within one thousand feet of a public
23or private school existing before the date of the medical
24cannabidiol cannabis dispensary’s licensure by the department.
2511. A medical cannabidiol cannabis dispensary shall comply
26with reasonable restrictions set by the department relating
27to signage, marketing, display, and advertising of medical
28cannabidiol cannabis.
2912. Prior to dispensing of any medical cannabidiol
30 cannabis, a medical cannabidiol cannabis dispensary shall do
31all of the following:
32a. Verify that the medical cannabidiol cannabis dispensary
33has received a valid medical cannabidiol cannabis registration
34card from a patient or a patient’s primary caregiver, if
35applicable.
-14- 1b. Assign a tracking number to any medical cannabidiol
2 cannabis dispensed from the medical cannabidiol cannabis
3 dispensary.
4c. Properly package medical cannabidiol cannabis in
5compliance with federal law regarding child resistant packaging
6and exemptions for packaging for elderly patients, and
7label medical cannabidiol cannabis with a list of all active
8ingredients and individually identifying information.
9 Sec. 37. Section 124E.10, Code 2020, is amended to read as
10follows:
11124E.10 Fees.
12All fees collected by the department under this chapter
13shall be retained by the department for operation of the
14medical cannabidiol cannabis registration card program and
15the medical cannabidiol cannabis manufacturer and medical
16cannabidiol cannabis dispensary licensing programs. The moneys
17retained by the department shall be considered repayment
18receipts as defined in section 8.2 and shall be used for any of
19the department’s duties under this chapter, including but not
20limited to the addition of full-time equivalent positions for
21program services and investigations. Notwithstanding section
228.33, moneys retained by the department pursuant to this
23section shall not revert to the general fund of the state but
24shall remain available for expenditure only for the purposes
25specified in this section.
26 Sec. 38. Section 124E.11, subsection 1, paragraph a, Code
272020, is amended to read as follows:
28a. The department shall maintain a confidential file of the
29names of each patient to or for whom the department issues a
30medical cannabidiol cannabis registration card and the name of
31each primary caregiver to whom the department issues a medical
32cannabidiol cannabis registration card under section 124E.4.
33 Sec. 39. Section 124E.11, subsection 1, paragraph b,
34subparagraph (1), subparagraph divisions (b) and (d), Code
352020, are amended to read as follows:
-15- 1(b) To authorized employees of law enforcement agencies
2of a state or political subdivision thereof, but only for the
3purpose of verifying that a person is lawfully in possession
4of a medical cannabidiol cannabis registration card issued
5pursuant to this chapter.
6(d) To any other authorized persons recognized by the
7department by rule, but only for the purpose of verifying that
8a person is lawfully in possession of a medical cannabidiol
9 cannabis registration card issued pursuant to this chapter.
10 Sec. 40. Section 124E.11, subsection 2, Code 2020, is
11amended to read as follows:
122. The department shall adopt rules pursuant to chapter
1317A to administer this chapter which shall include but not be
14limited to rules to do all of the following:
15a. Govern the manner in which the department shall consider
16applications for new and renewal medical cannabidiol cannabis
17 registration cards.
18b. Ensure that the medical cannabidiol cannabis registration
19card program operates on a self-sustaining basis.
20c. Establish the form and quantity of medical cannabidiol
21 cannabisallowed to be dispensed to a patient or primary
22caregiver pursuant to this chapter as appropriate to serve the
23medical needs of patients with debilitating medical conditions,
24subject to recommendation by the medical cannabidiol cannabis
25 board and approval by the board of medicine.
26d. Establish requirements for the licensure of medical
27cannabidiol cannabis manufacturers and medical cannabidiol
28 cannabis dispensaries and set forth procedures for medical
29cannabidiol cannabis manufacturers and medical cannabidiol
30 cannabis dispensaries to obtain licenses.
31e. Develop a dispensing system for medical cannabidiol
32 cannabis within this state that provides for all of the
33following:
34(1) Medical cannabidiol cannabis dispensaries within this
35state housed on secured grounds and operated by licensed
-16-1medical cannabidiol cannabis dispensaries.
2(2) The dispensing of medical cannabidiol cannabis to
3patients and their primary caregivers to occur at locations
4designated by the department.
5f. Establish and collect annual fees from medical
6cannabidiol cannabis manufacturers and medical cannabidiol
7 cannabis dispensaries to cover the costs associated with
8regulating and inspecting medical cannabidiol cannabis
9 manufacturers and medical cannabidiol cannabis dispensaries.
10g. Specify and implement procedures that address public
11safety including security procedures and product quality
12including measures to ensure contaminant-free cultivation of
13medical cannabidiol cannabis, safety, and labeling.
14h. Establish and implement a real-time, statewide medical
15cannabidiol cannabis registry management sale tracking system
16that is available to medical cannabidiol cannabis dispensaries
17on a twenty-four-hour-a-day, seven-day-a-week basis for the
18purpose of verifying that a person is lawfully in possession
19of a medical cannabidiol cannabis registration card issued
20pursuant to this chapter and for tracking the date of the sale
21and quantity of medical cannabidiol cannabis purchased by a
22patient or a primary caregiver.
23i. Establish and implement a medical cannabidiol cannabis
24 inventory and delivery tracking system to track medical
25cannabidiol cannabis from production by a medical cannabidiol
26 cannabis manufacturer through dispensing at a medical
27cannabidiol cannabis dispensary.
28 Sec. 41. Section 124E.12, subsections 1, 2, 3, 4, 5, 6, 8,
29and 9, Code 2020, are amended to read as follows:
301. A health care practitioner, including any authorized
31agent or employee thereof, shall not be subject to
32prosecution for the unlawful certification, possession, or
33administration of marijuana under the laws of this state for
34activities arising directly out of or directly related to the
35certification or use of medical cannabidiol cannabis in the
-17-1treatment of a patient diagnosed with a debilitating medical
2condition as authorized by this chapter.
32. A medical cannabidiol cannabis manufacturer, including
4any authorized agent or employee thereof, shall not be subject
5to prosecution for manufacturing, possessing, cultivating,
6harvesting, transporting, packaging, processing, or supplying
7medical cannabidiol cannabis pursuant to this chapter.
83. A medical cannabidiol cannabis dispensary, including
9any authorized agent or employee thereof, shall not be subject
10to prosecution for dispensing medical cannabidiol cannabis
11 pursuant to this chapter.
124. a. In a prosecution for the unlawful possession of
13marijuana under the laws of this state for the possession
14of medical cannabidiol cannabis, including but not limited
15to chapters 124 and 453B, it is an affirmative and complete
16defense to the prosecution that the patient has been diagnosed
17with a debilitating medical condition, used or possessed
18medical cannabidiol cannabis pursuant to a certification by a
19health care practitioner as authorized under this chapter, and,
20for a patient eighteen years of age or older, is in possession
21of a valid medical cannabidiol cannabis registration card
22issued pursuant to this chapter.
23b. In a prosecution for the unlawful possession of marijuana
24under the laws of this state for the possession of medical
25cannabidiol cannabis, including but not limited to chapters
26124 and 453B, it is an affirmative and complete defense to
27the prosecution that the person possessed medical cannabidiol
28 cannabis because the person is a primary caregiver of a patient
29who has been diagnosed with a debilitating medical condition
30and is in possession of a valid medical cannabidiol cannabis
31 registration card issued pursuant to this chapter, and where
32the primary caregiver’s possession of the medical cannabidiol
33 cannabis is on behalf of the patient and for the patient’s use
34only as authorized under this chapter.
35c. If a patient or primary caregiver is charged with
-18-1the unlawful possession of marijuana under the laws of this
2state for the possession of medical cannabidiol cannabis,
3including but not limited to chapters 124 and 453B, and is not
4in possession of the person’s medical cannabidiol cannabis
5 registration card, any charge or charges filed against the
6person for the possession of medical cannabidiol cannabis
7 shall be dismissed by the court if the person produces to the
8court prior to or at the person’s trial a medical cannabidiol
9 cannabis registration card issued to that person and valid at
10the time the person was charged.
115. An agency of this state or a political subdivision
12thereof, including any law enforcement agency, shall not remove
13or initiate proceedings to remove a patient under the age
14of eighteen from the home of a parent based solely upon the
15parent’s or patient’s possession or use of medical cannabidiol
16 cannabis as authorized under this chapter.
176. The department, the department of transportation,
18and any health care practitioner, including any authorized
19agent or employee thereof, are not subject to any civil
20or disciplinary penalties by the board of medicine or any
21business, occupational, or professional licensing board
22or entity, solely for activities conducted relating to a
23patient’s possession or use of medical cannabidiol cannabis as
24authorized under this chapter. Nothing in this section affects
25a professional licensing board from taking action in response
26to violations of any other section of law.
278. An attorney shall not be subject to disciplinary action
28by the Iowa supreme court or attorney disciplinary board for
29providing legal assistance to a patient, primary caregiver, or
30others based upon a patient’s or primary caregiver’s possession
31or use of medical cannabidiol cannabis as authorized under this
32chapter.
339. Possession of a medical cannabidiol cannabis
34 registration card or an application for a medical cannabidiol
35 cannabis registration card by a person entitled to possess or
-19-1apply for a medical cannabidiol cannabis registration card
2shall not constitute probable cause or reasonable suspicion,
3and shall not be used to support a search of the person or
4property of the person possessing or applying for the medical
5cannabidiol cannabis registration card, or otherwise subject
6the person or property of the person to inspection by any
7governmental agency.
8 Sec. 42. Section 124E.13, Code 2020, is amended to read as
9follows:
10124E.13 Medical cannabidiol cannabis source.
11Medical cannabidiol cannabis provided exclusively pursuant
12to a written certification of a health care practitioner, if
13not legally available in this state or from any other bordering
14state, shall be obtained from an out-of-state source.
15 Sec. 43. Section 124E.14, Code 2020, is amended to read as
16follows:
17124E.14 Out-of-state medical cannabidiol cannabis
18 dispensaries.
19The department of public health shall utilize a request for
20proposals process to select and license by December 1, 2017, up
21to two out-of-state medical cannabidiol cannabis dispensaries
22from a bordering state to sell and dispense medical cannabidiol
23 cannabis to a patient or primary caregiver in possession of a
24valid medical cannabidiol cannabis registration card issued
25under this chapter.
26 Sec. 44. Section 124E.15, Code 2020, is amended to read as
27follows:
28124E.15 Iowa patients and primary caregivers registering in
29the state of Minnesota.
30A patient or a primary caregiver with a valid medical
31cannabidiol cannabis registration card issued pursuant to this
32chapter may register in the state of Minnesota as a visiting
33qualified patient or primary caregiver and may register with
34one or more medical cannabis manufacturers registered under the
35laws of Minnesota.
-20-1 Sec. 45. Section 124E.16, Code 2020, is amended to read as
2follows:
3124E.16 Penalties.
41. A person who knowingly or intentionally possesses or uses
5medical cannabidiol cannabis in violation of the requirements
6of this chapter is subject to the penalties provided under
7chapters 124 and 453B.
82. A medical cannabidiol cannabis manufacturer or a medical
9cannabidiol cannabis dispensary shall be assessed a civil
10penalty of up to one thousand dollars per violation for any
11violation of this chapter in addition to any other applicable
12penalties.
13 Sec. 46. Section 124E.17, Code 2020, is amended to read as
14follows:
15124E.17 Use of medical cannabidiol cannabis — smoking
16prohibited.
17A patient shall not consume medical cannabidiol cannabis
18 possessed or used as authorized under this chapter by smoking
19medical cannabidiol cannabis.
20 Sec. 47. Section 124E.18, Code 2020, is amended to read as
21follows:
22124E.18 Reciprocity.
23A valid medical cannabidiol cannabis registration card,
24or its equivalent, issued under the laws of another state
25that allows an out-of-state patient to possess or use medical
26cannabidiol cannabis in the jurisdiction of issuance shall
27have the same force and effect as a valid medical cannabidiol
28 cannabis registration card issued pursuant to this chapter,
29except that an out-of-state patient in this state shall not
30obtain medical cannabidiol cannabis from a medical cannabidiol
31 cannabis dispensary in this state.
32 Sec. 48. Section 124E.19, subsections 1, 2, and 4, Code
332020, are amended to read as follows:
341. The division of criminal investigation of the
35department of public safety shall conduct thorough background
-21-1investigations for the purposes of licensing medical
2cannabidiol cannabis manufacturers and medical cannabidiol
3 cannabis dispensaries under this chapter. The results of any
4background investigation conducted pursuant to this section
5shall be presented to the department.
6a. An applicant for a medical cannabidiol cannabis
7 manufacturer license or a medical cannabidiol cannabis
8 dispensary license and their owners, investors, and employees
9shall submit all required information on a form prescribed by
10the department of public safety.
11b. The department shall charge an applicant for a medical
12cannabidiol cannabis manufacturer license or a medical
13cannabidiol cannabis dispensary license a fee determined by
14the department of public safety and adopted by the department
15by rule to defray the costs associated with background
16investigations conducted pursuant to the requirements of this
17section. The fee shall be in addition to any other fees
18charged by the department. The fee may be retained by the
19department of public safety and shall be considered repayment
20receipts as defined in section 8.2.
212. The department shall require an applicant for a
22medical cannabidiol cannabis manufacturer license or a
23medical cannabidiol cannabis dispensary license, their owners
24and investors, and applicants for employment at a medical
25cannabidiol cannabis manufacturer or medical cannabidiol
26 cannabis dispensary to submit fingerprints and other required
27identifying information to the department on a form prescribed
28by the department of public safety. The department shall
29submit the fingerprint cards and other identifying information
30to the division of criminal investigation of the department
31of public safety for submission to the federal bureau of
32investigation for the purpose of conducting a national criminal
33history record check. The department may require employees and
34contractors involved in carrying out a background investigation
35to submit fingerprints and other identifying information for
-22-1the same purpose.
24. An applicant for a medical cannabidiol cannabis
3 manufacturer license or a medical cannabidiol cannabis
4 dispensary license shall submit information and fees required
5by this section at the time of application.
6 Sec. 49. Section 204.17, subsection 4, Code 2020, is amended
7to read as follows:
84. Nothing in this chapter shall be construed or applied
9to authorize a person to manufacture, recommend, possess, use,
10dispense, deliver, transport, or administer medical cannabidiol
11 cannabis pursuant to chapter 124E.
12 Sec. 50. Section 730.5, subsection 11, paragraph f, Code
132020, is amended to read as follows:
14f. Testing or taking action against an employee or
15prospective employee with a confirmed positive test result due
16to the employee’s or prospective employee’s use of medical
17cannabidiol cannabis as authorized under chapter 124E.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the medical cannabidiol program. The
22bill is organized into divisions.
23DIVISION I — MEDICAL CANNABIDIOL PROGRAM. The bill changes
24the name of the medical cannabidiol Act to the medical cannabis
25Act.
26The bill adds physician assistants, advanced registered
27nurse practitioners, advanced practice registered nurses, and
28podiatrists to the list of health care practitioners allowed to
29certify a patient to receive a medical cannabidiol registration
30card.
31The bill removes the 3 percent tetrahydrocannabinol (THC)
32limit on medical cannabidiol. The bill prohibits a medical
33cannabidiol patient or a patient’s primary caregiver from
34receiving more than 4.5 grams of total THC in a 90-day period.
35The bill allows medical cannabidiol dispensaries to access the
-23-1files of the department of public health to determine whether
2a patient has received more than 4.5 grams of total THC in a
390-day period. The bill defines “total THC” as the amount of
4THC plus the amount of tetrahydrocannabinolic acid.
5The bill removes the department of transportation from the
6process of issuing medical cannabidiol registration cards and
7makes conforming Code changes. The bill directs the department
8of public health to issue medical cannabidiol registration
9cards.
10The bill removes the prohibitions on patients and primary
11caregivers with certain disqualifying felony offenses from
12receiving a medical cannabidiol registration card.
13The bill removes the limit on the number of meetings per year
14of the medical cannabidiol board. Current law sets the maximum
15number of meetings to four per year.
16The bill requires medical cannabidiol dispensaries to employ
17a pharmacist or pharmacy technician for the purpose of making
18medical cannabidiol dosing recommendations.
19The bill allows health care practitioners to access the
20patient registry maintained by the department of public health
21to determine whether a patient seeking a written certification
22for a medical cannabidiol registration card has already
23received a written certification from another health care
24practitioner.
25The bill requires the department of public health to
26conduct an observational effectiveness study, in cooperation
27with patients and health care practitioners, on the efficacy
28of medical cannabis products. The bill also requires the
29department to seek guarantees from federal agencies that
30provide funding to educational and long-term care facilities
31that facilities with policies allowing patients to possess
32medical cannabis on the property of the facility or allowing
33facility staff to administer medical cannabis to a patient
34will not lose eligibility for any federal funding due to such
35policies.
-24- 1The bill provides that a medical cannabidiol registration
2card issued prior to July 1, 2020, by the department of
3transportation shall remain valid until the card’s expiration
4date.
5DIVISION II — CONFORMING CODE CHANGES. This division
6changes references to “medical cannabidiol” to “medical
7cannabis” throughout the Code.
-25-ss/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2MEDICAL CANNABIDIOL PROGRAM
3 Section 1. Section 124E.1, Code 2020, is amended to read as
4follows:
5124E.1 Short title.
6This chapter shall be known and may be cited as the “Medical
7Cannabidiol Cannabis Act”.
8 Sec. 2. Section 124E.2, subsections 5 and 6, Code 2020, are
9amended to read as follows:
105. “Health care practitioner” means an individual licensed
11under chapter 148 to practice medicine and surgery or
12osteopathic medicine and surgery, a physician assistant
13licensed under chapter 148C, a podiatrist licensed pursuant to
14chapter 149, an advanced registered nurse practitioner licensed
15under chapter 152, or an advanced practice registered nurse
16under chapter 152E, who is a patient’s primary care provider.
17“Health care practitioner” shall not include a physician
18assistant licensed under chapter 148C or an advanced registered
19nurse practitioner licensed pursuant to chapter 152 or 152E.
206. “Medical cannabidiol” cannabis” means any pharmaceutical
21grade cannabinoid found in the plant Cannabis sativa L. or
22Cannabis indica or any other preparation thereof that has
23a tetrahydrocannabinol level of no more than three percent
24and that is delivered in a form recommended by the medical
25cannabidiol cannabis board, approved by the board of medicine,
26and adopted by the department pursuant to rule.
27 Sec. 3. Section 124E.2, Code 2020, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 7A. “Total tetrahydrocannabinol” means
30the amount of tetrahydrocannabinol plus the amount of
31tetrahydrocannabinolic acid.
32 Sec. 4. Section 124E.4, subsection 1, unnumbered paragraph
331, Code 2020, is amended to read as follows:
34Subject to subsection 7, the department may approve the
35issuance of issue a medical cannabidiol cannabis registration
-1-1card by the department of transportation to a patient who:
2 Sec. 5. Section 124E.4, subsection 1, paragraph d,
3unnumbered paragraph 1, Code 2020, is amended to read as
4follows:
5Submits an application to the department, on a form created
6by the department, in consultation with the department of
7transportation, that contains all of the following:
8 Sec. 6. Section 124E.4, subsection 1, paragraph f, Code
92020, is amended by striking the paragraph.
10 Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph
111, Code 2020, is amended to read as follows:
12A medical cannabidiol cannabis registration card issued
13to a patient by the department of transportation pursuant to
14subsection 1 shall contain, at a minimum, all of the following:
15 Sec. 8. Section 124E.4, subsection 3, unnumbered paragraph
161, Code 2020, is amended to read as follows:
17For a patient in a primary caregiver’s care, subject to
18subsection 7, the department may approve the issuance of
19 issue a medical cannabidiol cannabis registration card by the
20department of transportation to the primary caregiver who:
21 Sec. 9. Section 124E.4, subsection 3, paragraph b,
22unnumbered paragraph 1, Code 2020, is amended to read as
23follows:
24Submits an application to the department, on a form created
25by the department, in consultation with the department of
26transportation, that contains all of the following:
27 Sec. 10. Section 124E.4, subsection 3, paragraph c, Code
282020, is amended by striking the paragraph.
29 Sec. 11. Section 124E.4, subsection 4, unnumbered paragraph
301, Code 2020, is amended to read as follows:
31A medical cannabidiol cannabis registration card issued
32by the department of transportation to a primary caregiver
33pursuant to subsection 3 shall contain, at a minimum, all of
34the following:
35 Sec. 12. Section 124E.4, subsection 6, Code 2020, is amended
-2-1by striking the subsection.
2 Sec. 13. Section 124E.5, subsection 2, Code 2020, is amended
3to read as follows:
42. The medical cannabidiol cannabis board shall convene at
5least twice but no more than four times per year.
6 Sec. 14. Section 124E.5, subsection 6, Code 2020, is amended
7to read as follows:
86. The medical cannabidiol board may recommend a statutory
9revision to the definition of medical cannabidiol contained in
10this chapter that increases the tetrahydrocannabinol level to
11more than three percent, however, any such recommendation shall
12be submitted to the general assembly during the regular session
13of the general assembly following such submission. The general
14assembly shall have the sole authority to revise the definition
15of medical cannabidiol cannabis for purposes of this chapter.
16 Sec. 15. Section 124E.9, Code 2020, is amended by adding the
17following new subsections:
18 NEW SUBSECTION. 13. A medical cannabis dispensary shall
19employ a pharmacist or pharmacy technician licensed or
20registered pursuant to chapter 155A for the purpose of making
21dosing recommendations.
22 NEW SUBSECTION. 14. A medical cannabis dispensary shall not
23dispense more than a combined total of four and one-half grams
24of total tetrahydrocannabinol to a patient and the patient’s
25primary caregiver in a ninety-day period. The department may
26decrease this limit by rule as provided in section 124E.11,
27subsection 2, paragraph “c”.
28 Sec. 16. Section 124E.11, subsection 1, paragraph b,
29subparagraph (1), subparagraph division (a), Code 2020, is
30amended to read as follows:
31(a) To authorized employees or agents of the department and
32the department of transportation as necessary to perform the
33duties of the department and the department of transportation
34 pursuant to this chapter.
35 Sec. 17. Section 124E.11, subsection 1, paragraph b,
-3-1subparagraph (1), subparagraph division (c), Code 2020, is
2amended to read as follows:
3(c) To authorized employees of a medical cannabidiol
4 cannabis dispensary, but only for the purpose purposes
5 of verifying that a person is lawfully in possession of a
6medical cannabidiol cannabis registration card issued pursuant
7to this chapter and that a person has not purchased total
8tetrahydrocannabinol in excess of the amount authorized by this
9chapter.
10 Sec. 18. Section 124E.11, subsection 1, paragraph b,
11subparagraph (1), Code 2020, is amended by adding the following
12new subparagraph division:
13 NEW SUBPARAGRAPH DIVISION. (e) To a health care
14practitioner for the purpose of determining whether a patient
15seeking a written certification pursuant to section 124E.3 has
16already received a written certification from another health
17care practitioner.
18 Sec. 19. Section 124E.12, subsection 7, Code 2020, is
19amended to read as follows:
207. Notwithstanding any law to the contrary, the department,
21the department of transportation, the governor, or any employee
22of any state agency shall not be held civilly or criminally
23liable for any injury, loss of property, personal injury, or
24death caused by any act or omission while acting within the
25scope of office or employment as authorized under this chapter.
26 Sec. 20. NEW SECTION. 124E.20 Observational effectiveness
27study.
28The department may conduct an observational effectiveness
29study in cooperation with patients and health care
30practitioners and pursuant to rules of the department in order
31to study the effectiveness of medical cannabis in the treatment
32of debilitating medical conditions.
33 Sec. 21. PROTECTION OF FEDERAL FUNDING. The department
34of public health shall request guarantees from the agencies
35of the federal government providing funding to educational
-4-1and long-term care facilities that facilities with policies
2allowing patients to possess medical cannabis on the grounds
3of the facilities consistent with chapter 124E or allowing
4facility staff to administer medical cannabis to a patient
5shall not lose eligibility for any federal funding due to such
6policies.
7 Sec. 22. TRANSITION PROVISIONS. A medical cannabidiol
8registration card issued prior to July 1, 2020, remains
9effective and continues in effect as issued for the
10twelve-month period following its issuance.
11DIVISION II
12MEDICAL CANNABIDIOL PROGRAM NAME CHANGE — conforming code
13changes
14 Sec. 23. Section 124.401, subsection 5, unnumbered
15paragraph 3, Code 2020, is amended to read as follows:
16A person may knowingly or intentionally recommend, possess,
17use, dispense, deliver, transport, or administer cannabidiol
18 medical cannabis if the recommendation, possession, use,
19dispensing, delivery, transporting, or administering is in
20accordance with the provisions of chapter 124E. For purposes
21of this paragraph, “cannabidiol” “medical cannabis” means the
22same as defined in section 124E.2.
23 Sec. 24. Section 124E.2, subsection 7, Code 2020, is amended
24to read as follows:
257. “Primary caregiver” means a person who is a resident of
26this state or a bordering state as defined in section 331.910,
27including but not limited to a parent or legal guardian, at
28least eighteen years of age, who has been designated by a
29patient’s health care practitioner as a necessary caretaker
30taking responsibility for managing the well-being of the
31patient with respect to the use of medical cannabidiol cannabis
32 pursuant to the provisions of this chapter.
33 Sec. 25. Section 124E.3, subsection 1, Code 2020, is amended
34to read as follows:
351. Prior to a patient’s submission of an application for
-5-1a medical cannabidiol cannabis registration card pursuant to
2section 124E.4, a health care practitioner shall do all of the
3following:
4a. Determine, in the health care practitioner’s medical
5judgment, whether the patient whom the health care practitioner
6has examined and treated suffers from a debilitating medical
7condition that qualifies for the use of medical cannabidiol
8 cannabis under this chapter, and if so determined, provide the
9patient with a written certification of that diagnosis.
10b. Provide explanatory information as provided by the
11department to the patient about the therapeutic use of medical
12cannabidiol cannabis and the possible risks, benefits, and side
13effects of the proposed treatment.
14 Sec. 26. Section 124E.4, subsection 1, paragraph e, Code
152020, is amended to read as follows:
16e. Submits a medical cannabidiol cannabis registration card
17fee of one hundred dollars to the department. If the patient
18attests to receiving social security disability benefits,
19supplemental security insurance payments, or being enrolled in
20the medical assistance program, the fee shall be twenty-five
21dollars.
22 Sec. 27. Section 124E.4, subsection 2, paragraph c, Code
232020, is amended to read as follows:
24c. The date of issuance and expiration date of the medical
25cannabidiol cannabis registration card.
26 Sec. 28. Section 124E.4, subsection 3, paragraph d, Code
272020, is amended to read as follows:
28d. Submits a medical cannabidiol cannabis registration card
29fee of twenty-five dollars to the department.
30 Sec. 29. Section 124E.4, subsection 4, paragraph d, Code
312020, is amended to read as follows:
32d. The medical cannabidiol cannabis registration card
33number of each patient in the primary caregiver’s care. If
34the patient in the primary caregiver’s care is under the age
35of eighteen, the full name of the patient’s parent or legal
-6-1guardian.
2 Sec. 30. Section 124E.4, subsections 5 and 7, Code 2020, are
3amended to read as follows:
45. Expiration date of card. A medical cannabidiol cannabis
5 registration card issued pursuant to this section shall expire
6one year after the date of issuance and may be renewed.
77. Federally approved clinical trials. The department shall
8not approve the issuance of a medical cannabidiol cannabis
9 registration card pursuant to this section for a patient who
10is enrolled in a federally approved clinical trial for the
11treatment of a debilitating medical condition with medical
12cannabidiol cannabis.
13 Sec. 31. Section 124E.5, subsection 1, paragraphs a and b,
14Code 2020, are amended to read as follows:
15a. A medical cannabidiol cannabis board is created
16consisting of eight practitioners representing the fields
17of neurology, pain management, gastroenterology, oncology,
18psychiatry, pediatrics, family medicine, and pharmacy, and one
19representative from law enforcement.
20b. The practitioners shall be licensed in this state and
21nationally board-certified in their area of specialty and
22knowledgeable about the use of medical cannabidiol cannabis.
23 Sec. 32. Section 124E.5, subsections 3, 4, and 5, Code 2020,
24are amended to read as follows:
253. The duties of the medical cannabidiol cannabis board
26shall include but not be limited to the following:
27a. Accepting and reviewing petitions to add medical
28conditions, medical treatments, or debilitating diseases to the
29list of debilitating medical conditions for which the medical
30use of cannabidiol cannabis would be medically beneficial under
31this chapter.
32b. Making recommendations relating to the removal or
33addition of debilitating medical conditions to the list
34of allowable debilitating medical conditions for which the
35medical use of cannabidiol cannabis under this chapter would
-7-1be medically beneficial.
2c. Working with the department regarding the requirements
3for the licensure of medical cannabidiol cannabis manufacturers
4and medical cannabidiol cannabis dispensaries, including
5licensure procedures.
6d. Advising the department regarding the location of medical
7cannabidiol cannabis manufacturers and medical cannabidiol
8 cannabis dispensaries throughout the state.
9e. Making recommendations relating to the form and quantity
10of allowable medical uses of cannabidiol cannabis.
114. Recommendations made by the medical cannabidiol cannabis
12 board pursuant to subsection 3, paragraphs “b” and “e”, shall
13be made to the board of medicine for consideration, and if
14approved, shall be adopted by the board of medicine by rule.
155. On or before January 1 of each year, beginning January
161, 2018, the medical cannabidiol cannabis board shall submit a
17report detailing the activities of the board.
18 Sec. 33. Section 124E.6, Code 2020, is amended to read as
19follows:
20124E.6 Medical cannabidiol cannabis manufacturer licensure.
211. a. The department shall issue a request for proposals
22to select and license by December 1, 2017, up to two medical
23cannabidiol cannabis manufacturers to manufacture and to
24possess, cultivate, harvest, transport, package, process,
25or supply medical cannabidiol cannabis within this state
26consistent with the provisions of this chapter. The department
27shall license new medical cannabidiol cannabis manufacturers
28or relicense the existing medical cannabidiol cannabis
29 manufacturers by December 1 of each year.
30b. Information submitted during the application process
31shall be confidential until a medical cannabidiol cannabis
32 manufacturer is licensed by the department unless otherwise
33protected from disclosure under state or federal law.
342. As a condition for licensure, a medical cannabidiol
35 cannabis manufacturer must agree to begin supplying medical
-8-1cannabidiol cannabis to medical cannabidiol cannabis
2 dispensaries in this state no later than December 1, 2018.
33. The department shall consider the following factors in
4determining whether to select and license a medical cannabidiol
5 cannabis manufacturer:
6a. The technical expertise of the medical cannabidiol
7 cannabis manufacturer regarding medical cannabidiol cannabis.
8b. The qualifications of the medical cannabidiol cannabis
9 manufacturer’s employees.
10c. The long-term financial stability of the medical
11cannabidiol cannabis manufacturer.
12d. The ability to provide appropriate security measures on
13the premises of the medical cannabidiol cannabis manufacturer.
14e. Whether the medical cannabidiol cannabis manufacturer
15has demonstrated an ability to meet certain medical cannabidiol
16 cannabis production needs for medical use regarding the range
17of recommended dosages for each debilitating medical condition,
18the range of chemical compositions of any plant of the genus
19cannabis that will likely be medically beneficial for each
20of the debilitating medical conditions, and the form of the
21medical cannabidiol cannabis in the manner determined by the
22department pursuant to rule.
23f. The medical cannabidiol cannabis manufacturer’s
24projection of and ongoing assessment of fees on patients with
25debilitating medical conditions.
264. The department shall require each medical cannabidiol
27 cannabis manufacturer to contract with the state hygienic
28laboratory at the university of Iowa in Iowa City or an
29independent medical cannabidiol cannabis testing laboratory to
30perform spot-check testing of the medical cannabidiol cannabis
31 produced by the manufacturer as provided in section 124E.7.
32The department shall require that the laboratory report testing
33results to the manufacturer in a manner determined by the
34department pursuant to rule.
355. Each entity submitting an application for licensure
-9-1as a medical cannabidiol cannabis manufacturer shall pay a
2nonrefundable application fee of seven thousand five hundred
3dollars to the department.
4 Sec. 34. Section 124E.7, Code 2020, is amended to read as
5follows:
6124E.7 Medical cannabidiol cannabis manufacturers.
71. A medical cannabidiol cannabis manufacturer shall
8contract with the state hygienic laboratory at the university
9of Iowa in Iowa City or an independent medical cannabidiol
10 cannabis testing laboratory to perform spot-check testing of
11the medical cannabidiol cannabis manufactured by the medical
12cannabidiol cannabis manufacturer as to content, contamination,
13and consistency. The cost of all laboratory testing shall be
14paid by the medical cannabidiol cannabis manufacturer.
152. The operating documents of a medical cannabidiol
16 cannabis manufacturer shall include all of the following:
17a. Procedures for the oversight of the medical cannabidiol
18 cannabis manufacturer and procedures to ensure accurate
19recordkeeping.
20b. Procedures for the implementation of appropriate security
21measures to deter and prevent the theft of medical cannabidiol
22 cannabis and unauthorized entrance into areas containing
23medical cannabidiol cannabis.
243. A medical cannabidiol cannabis manufacturer shall
25implement security requirements, including requirements for
26protection of each location by a fully operational security
27alarm system, facility access controls, perimeter intrusion
28detection systems, and a personnel identification system.
294. A medical cannabidiol cannabis manufacturer shall
30not share office space with, refer patients to, or have any
31financial relationship with a health care practitioner.
325. A medical cannabidiol cannabis manufacturer shall not
33permit any person to consume medical cannabidiol cannabis on
34the property of the medical cannabidiol cannabis manufacturer.
356. A medical cannabidiol cannabis manufacturer is subject
-10-1to reasonable inspection by the department.
27. A medical cannabidiol cannabis manufacturer shall not
3employ a person who is under eighteen years of age or who has
4been convicted of a disqualifying felony offense. An employee
5of a medical cannabidiol cannabis manufacturer shall be subject
6to a background investigation conducted by the division of
7criminal investigation of the department of public safety and a
8national criminal history background check pursuant to section
9124E.19.
108. A medical cannabidiol cannabis manufacturer owner shall
11not have been convicted of a disqualifying felony offense and
12shall be subject to a background investigation conducted by
13the division of criminal investigation of the department of
14public safety and a national criminal history background check
15pursuant to section 124E.19.
169. A medical cannabidiol cannabis manufacturer shall not
17operate at the same physical location as a medical cannabidiol
18 cannabis dispensary.
1910. A medical cannabidiol cannabis manufacturer shall not
20operate in any location, whether for manufacturing, possessing,
21cultivating, harvesting, transporting, packaging, processing,
22or supplying, within one thousand feet of a public or private
23school existing before the date of the medical cannabidiol
24 cannabis manufacturer’s licensure by the department.
2511. A medical cannabidiol cannabis manufacturer shall
26comply with reasonable restrictions set by the department
27relating to signage, marketing, display, and advertising of
28medical cannabidiol cannabis.
2912. a. A medical cannabidiol cannabis manufacturer shall
30provide a reliable and ongoing supply of medical cannabidiol
31 cannabis to medical cannabidiol cannabis dispensaries pursuant
32to this chapter.
33b. All manufacturing, cultivating, harvesting, packaging,
34and processing of medical cannabidiol cannabis shall take place
35in an enclosed, locked facility at a physical address provided
-11-1to the department during the licensure process.
2c. A medical cannabidiol cannabis manufacturer shall not
3manufacture edible medical cannabidiol cannabis products.
4 Sec. 35. Section 124E.8, Code 2020, is amended to read as
5follows:
6124E.8 Medical cannabidiol cannabis dispensary licensure.
71. a. The department shall issue a request for proposals
8to select and license by April 1, 2018, up to five medical
9cannabidiol cannabis dispensaries to dispense medical
10cannabidiol cannabis within this state consistent with the
11provisions of this chapter. The department shall license new
12medical cannabidiol cannabis dispensaries or relicense the
13existing medical cannabidiol cannabis dispensaries by December
141 of each year.
15b. Information submitted during the application process
16shall be confidential until a medical cannabidiol cannabis
17 dispensary is licensed by the department unless otherwise
18protected from disclosure under state or federal law.
192. As a condition for licensure, a medical cannabidiol
20 cannabis dispensary must agree to begin supplying medical
21cannabidiol cannabis to patients by December 1, 2018.
223. The department shall consider the following factors in
23determining whether to select and license a medical cannabidiol
24 cannabis dispensary:
25a. The technical expertise of the medical cannabidiol
26 cannabis dispensary regarding medical cannabidiol cannabis.
27b. The qualifications of the medical cannabidiol cannabis
28 dispensary’s employees.
29c. The long-term financial stability of the medical
30cannabidiol cannabis dispensary.
31d. The ability to provide appropriate security measures on
32the premises of the medical cannabidiol cannabis dispensary.
33e. The medical cannabidiol cannabis dispensary’s projection
34and ongoing assessment of fees for the purchase of medical
35cannabidiol cannabis on patients with debilitating medical
-12-1conditions.
24. Each entity submitting an application for licensure
3as a medical cannabidiol cannabis dispensary shall pay a
4nonrefundable application fee of five thousand dollars to the
5department.
6 Sec. 36. Section 124E.9, Code 2020, is amended to read as
7follows:
8124E.9 Medical cannabidiol cannabis dispensaries.
91. a. The medical cannabidiol cannabis dispensaries shall
10be located based on geographical need throughout the state to
11improve patient access.
12b. A medical cannabidiol cannabis dispensary may dispense
13medical cannabidiol cannabis pursuant to the provisions of this
14chapter but shall not dispense any medical cannabidiol cannabis
15 in a form or quantity other than the form or quantity allowed
16by the department pursuant to rule.
172. The operating documents of a medical cannabidiol
18 cannabis dispensary shall include all of the following:
19a. Procedures for the oversight of the medical cannabidiol
20 cannabis dispensary and procedures to ensure accurate
21recordkeeping.
22b. Procedures for the implementation of appropriate security
23measures to deter and prevent the theft of medical cannabidiol
24 cannabis and unauthorized entrance into areas containing
25medical cannabidiol cannabis.
263. A medical cannabidiol cannabis dispensary shall
27implement security requirements, including requirements for
28protection by a fully operational security alarm system,
29facility access controls, perimeter intrusion detection
30systems, and a personnel identification system.
314. A medical cannabidiol cannabis dispensary shall not
32share office space with, refer patients to, or have any
33financial relationship with a health care practitioner.
345. A medical cannabidiol cannabis dispensary shall not
35permit any person to consume medical cannabidiol cannabis on
-13-1the property of the medical cannabidiol cannabis dispensary.
26. A medical cannabidiol cannabis dispensary is subject to
3reasonable inspection by the department.
47. A medical cannabidiol cannabis dispensary shall not
5employ a person who is under eighteen years of age or who has
6been convicted of a disqualifying felony offense. An employee
7of a medical cannabidiol cannabis dispensary shall be subject
8to a background investigation conducted by the division of
9criminal investigation of the department of public safety and a
10national criminal history background check pursuant to section
11124E.19.
128. A medical cannabidiol cannabis dispensary owner shall
13not have been convicted of a disqualifying felony offense and
14shall be subject to a background investigation conducted by
15the division of criminal investigation of the department of
16public safety and a national criminal history background check
17pursuant to section 124E.19.
189. A medical cannabidiol cannabis dispensary shall not
19operate at the same physical location as a medical cannabidiol
20 cannabis manufacturer.
2110. A medical cannabidiol cannabis dispensary shall not
22operate in any location within one thousand feet of a public
23or private school existing before the date of the medical
24cannabidiol cannabis dispensary’s licensure by the department.
2511. A medical cannabidiol cannabis dispensary shall comply
26with reasonable restrictions set by the department relating
27to signage, marketing, display, and advertising of medical
28cannabidiol cannabis.
2912. Prior to dispensing of any medical cannabidiol
30 cannabis, a medical cannabidiol cannabis dispensary shall do
31all of the following:
32a. Verify that the medical cannabidiol cannabis dispensary
33has received a valid medical cannabidiol cannabis registration
34card from a patient or a patient’s primary caregiver, if
35applicable.
-14- 1b. Assign a tracking number to any medical cannabidiol
2 cannabis dispensed from the medical cannabidiol cannabis
3 dispensary.
4c. Properly package medical cannabidiol cannabis in
5compliance with federal law regarding child resistant packaging
6and exemptions for packaging for elderly patients, and
7label medical cannabidiol cannabis with a list of all active
8ingredients and individually identifying information.
9 Sec. 37. Section 124E.10, Code 2020, is amended to read as
10follows:
11124E.10 Fees.
12All fees collected by the department under this chapter
13shall be retained by the department for operation of the
14medical cannabidiol cannabis registration card program and
15the medical cannabidiol cannabis manufacturer and medical
16cannabidiol cannabis dispensary licensing programs. The moneys
17retained by the department shall be considered repayment
18receipts as defined in section 8.2 and shall be used for any of
19the department’s duties under this chapter, including but not
20limited to the addition of full-time equivalent positions for
21program services and investigations. Notwithstanding section
228.33, moneys retained by the department pursuant to this
23section shall not revert to the general fund of the state but
24shall remain available for expenditure only for the purposes
25specified in this section.
26 Sec. 38. Section 124E.11, subsection 1, paragraph a, Code
272020, is amended to read as follows:
28a. The department shall maintain a confidential file of the
29names of each patient to or for whom the department issues a
30medical cannabidiol cannabis registration card and the name of
31each primary caregiver to whom the department issues a medical
32cannabidiol cannabis registration card under section 124E.4.
33 Sec. 39. Section 124E.11, subsection 1, paragraph b,
34subparagraph (1), subparagraph divisions (b) and (d), Code
352020, are amended to read as follows:
-15- 1(b) To authorized employees of law enforcement agencies
2of a state or political subdivision thereof, but only for the
3purpose of verifying that a person is lawfully in possession
4of a medical cannabidiol cannabis registration card issued
5pursuant to this chapter.
6(d) To any other authorized persons recognized by the
7department by rule, but only for the purpose of verifying that
8a person is lawfully in possession of a medical cannabidiol
9 cannabis registration card issued pursuant to this chapter.
10 Sec. 40. Section 124E.11, subsection 2, Code 2020, is
11amended to read as follows:
122. The department shall adopt rules pursuant to chapter
1317A to administer this chapter which shall include but not be
14limited to rules to do all of the following:
15a. Govern the manner in which the department shall consider
16applications for new and renewal medical cannabidiol cannabis
17 registration cards.
18b. Ensure that the medical cannabidiol cannabis registration
19card program operates on a self-sustaining basis.
20c. Establish the form and quantity of medical cannabidiol
21 cannabisallowed to be dispensed to a patient or primary
22caregiver pursuant to this chapter as appropriate to serve the
23medical needs of patients with debilitating medical conditions,
24subject to recommendation by the medical cannabidiol cannabis
25 board and approval by the board of medicine.
26d. Establish requirements for the licensure of medical
27cannabidiol cannabis manufacturers and medical cannabidiol
28 cannabis dispensaries and set forth procedures for medical
29cannabidiol cannabis manufacturers and medical cannabidiol
30 cannabis dispensaries to obtain licenses.
31e. Develop a dispensing system for medical cannabidiol
32 cannabis within this state that provides for all of the
33following:
34(1) Medical cannabidiol cannabis dispensaries within this
35state housed on secured grounds and operated by licensed
-16-1medical cannabidiol cannabis dispensaries.
2(2) The dispensing of medical cannabidiol cannabis to
3patients and their primary caregivers to occur at locations
4designated by the department.
5f. Establish and collect annual fees from medical
6cannabidiol cannabis manufacturers and medical cannabidiol
7 cannabis dispensaries to cover the costs associated with
8regulating and inspecting medical cannabidiol cannabis
9 manufacturers and medical cannabidiol cannabis dispensaries.
10g. Specify and implement procedures that address public
11safety including security procedures and product quality
12including measures to ensure contaminant-free cultivation of
13medical cannabidiol cannabis, safety, and labeling.
14h. Establish and implement a real-time, statewide medical
15cannabidiol cannabis registry management sale tracking system
16that is available to medical cannabidiol cannabis dispensaries
17on a twenty-four-hour-a-day, seven-day-a-week basis for the
18purpose of verifying that a person is lawfully in possession
19of a medical cannabidiol cannabis registration card issued
20pursuant to this chapter and for tracking the date of the sale
21and quantity of medical cannabidiol cannabis purchased by a
22patient or a primary caregiver.
23i. Establish and implement a medical cannabidiol cannabis
24 inventory and delivery tracking system to track medical
25cannabidiol cannabis from production by a medical cannabidiol
26 cannabis manufacturer through dispensing at a medical
27cannabidiol cannabis dispensary.
28 Sec. 41. Section 124E.12, subsections 1, 2, 3, 4, 5, 6, 8,
29and 9, Code 2020, are amended to read as follows:
301. A health care practitioner, including any authorized
31agent or employee thereof, shall not be subject to
32prosecution for the unlawful certification, possession, or
33administration of marijuana under the laws of this state for
34activities arising directly out of or directly related to the
35certification or use of medical cannabidiol cannabis in the
-17-1treatment of a patient diagnosed with a debilitating medical
2condition as authorized by this chapter.
32. A medical cannabidiol cannabis manufacturer, including
4any authorized agent or employee thereof, shall not be subject
5to prosecution for manufacturing, possessing, cultivating,
6harvesting, transporting, packaging, processing, or supplying
7medical cannabidiol cannabis pursuant to this chapter.
83. A medical cannabidiol cannabis dispensary, including
9any authorized agent or employee thereof, shall not be subject
10to prosecution for dispensing medical cannabidiol cannabis
11 pursuant to this chapter.
124. a. In a prosecution for the unlawful possession of
13marijuana under the laws of this state for the possession
14of medical cannabidiol cannabis, including but not limited
15to chapters 124 and 453B, it is an affirmative and complete
16defense to the prosecution that the patient has been diagnosed
17with a debilitating medical condition, used or possessed
18medical cannabidiol cannabis pursuant to a certification by a
19health care practitioner as authorized under this chapter, and,
20for a patient eighteen years of age or older, is in possession
21of a valid medical cannabidiol cannabis registration card
22issued pursuant to this chapter.
23b. In a prosecution for the unlawful possession of marijuana
24under the laws of this state for the possession of medical
25cannabidiol cannabis, including but not limited to chapters
26124 and 453B, it is an affirmative and complete defense to
27the prosecution that the person possessed medical cannabidiol
28 cannabis because the person is a primary caregiver of a patient
29who has been diagnosed with a debilitating medical condition
30and is in possession of a valid medical cannabidiol cannabis
31 registration card issued pursuant to this chapter, and where
32the primary caregiver’s possession of the medical cannabidiol
33 cannabis is on behalf of the patient and for the patient’s use
34only as authorized under this chapter.
35c. If a patient or primary caregiver is charged with
-18-1the unlawful possession of marijuana under the laws of this
2state for the possession of medical cannabidiol cannabis,
3including but not limited to chapters 124 and 453B, and is not
4in possession of the person’s medical cannabidiol cannabis
5 registration card, any charge or charges filed against the
6person for the possession of medical cannabidiol cannabis
7 shall be dismissed by the court if the person produces to the
8court prior to or at the person’s trial a medical cannabidiol
9 cannabis registration card issued to that person and valid at
10the time the person was charged.
115. An agency of this state or a political subdivision
12thereof, including any law enforcement agency, shall not remove
13or initiate proceedings to remove a patient under the age
14of eighteen from the home of a parent based solely upon the
15parent’s or patient’s possession or use of medical cannabidiol
16 cannabis as authorized under this chapter.
176. The department, the department of transportation,
18and any health care practitioner, including any authorized
19agent or employee thereof, are not subject to any civil
20or disciplinary penalties by the board of medicine or any
21business, occupational, or professional licensing board
22or entity, solely for activities conducted relating to a
23patient’s possession or use of medical cannabidiol cannabis as
24authorized under this chapter. Nothing in this section affects
25a professional licensing board from taking action in response
26to violations of any other section of law.
278. An attorney shall not be subject to disciplinary action
28by the Iowa supreme court or attorney disciplinary board for
29providing legal assistance to a patient, primary caregiver, or
30others based upon a patient’s or primary caregiver’s possession
31or use of medical cannabidiol cannabis as authorized under this
32chapter.
339. Possession of a medical cannabidiol cannabis
34 registration card or an application for a medical cannabidiol
35 cannabis registration card by a person entitled to possess or
-19-1apply for a medical cannabidiol cannabis registration card
2shall not constitute probable cause or reasonable suspicion,
3and shall not be used to support a search of the person or
4property of the person possessing or applying for the medical
5cannabidiol cannabis registration card, or otherwise subject
6the person or property of the person to inspection by any
7governmental agency.
8 Sec. 42. Section 124E.13, Code 2020, is amended to read as
9follows:
10124E.13 Medical cannabidiol cannabis source.
11Medical cannabidiol cannabis provided exclusively pursuant
12to a written certification of a health care practitioner, if
13not legally available in this state or from any other bordering
14state, shall be obtained from an out-of-state source.
15 Sec. 43. Section 124E.14, Code 2020, is amended to read as
16follows:
17124E.14 Out-of-state medical cannabidiol cannabis
18 dispensaries.
19The department of public health shall utilize a request for
20proposals process to select and license by December 1, 2017, up
21to two out-of-state medical cannabidiol cannabis dispensaries
22from a bordering state to sell and dispense medical cannabidiol
23 cannabis to a patient or primary caregiver in possession of a
24valid medical cannabidiol cannabis registration card issued
25under this chapter.
26 Sec. 44. Section 124E.15, Code 2020, is amended to read as
27follows:
28124E.15 Iowa patients and primary caregivers registering in
29the state of Minnesota.
30A patient or a primary caregiver with a valid medical
31cannabidiol cannabis registration card issued pursuant to this
32chapter may register in the state of Minnesota as a visiting
33qualified patient or primary caregiver and may register with
34one or more medical cannabis manufacturers registered under the
35laws of Minnesota.
-20-1 Sec. 45. Section 124E.16, Code 2020, is amended to read as
2follows:
3124E.16 Penalties.
41. A person who knowingly or intentionally possesses or uses
5medical cannabidiol cannabis in violation of the requirements
6of this chapter is subject to the penalties provided under
7chapters 124 and 453B.
82. A medical cannabidiol cannabis manufacturer or a medical
9cannabidiol cannabis dispensary shall be assessed a civil
10penalty of up to one thousand dollars per violation for any
11violation of this chapter in addition to any other applicable
12penalties.
13 Sec. 46. Section 124E.17, Code 2020, is amended to read as
14follows:
15124E.17 Use of medical cannabidiol cannabis — smoking
16prohibited.
17A patient shall not consume medical cannabidiol cannabis
18 possessed or used as authorized under this chapter by smoking
19medical cannabidiol cannabis.
20 Sec. 47. Section 124E.18, Code 2020, is amended to read as
21follows:
22124E.18 Reciprocity.
23A valid medical cannabidiol cannabis registration card,
24or its equivalent, issued under the laws of another state
25that allows an out-of-state patient to possess or use medical
26cannabidiol cannabis in the jurisdiction of issuance shall
27have the same force and effect as a valid medical cannabidiol
28 cannabis registration card issued pursuant to this chapter,
29except that an out-of-state patient in this state shall not
30obtain medical cannabidiol cannabis from a medical cannabidiol
31 cannabis dispensary in this state.
32 Sec. 48. Section 124E.19, subsections 1, 2, and 4, Code
332020, are amended to read as follows:
341. The division of criminal investigation of the
35department of public safety shall conduct thorough background
-21-1investigations for the purposes of licensing medical
2cannabidiol cannabis manufacturers and medical cannabidiol
3 cannabis dispensaries under this chapter. The results of any
4background investigation conducted pursuant to this section
5shall be presented to the department.
6a. An applicant for a medical cannabidiol cannabis
7 manufacturer license or a medical cannabidiol cannabis
8 dispensary license and their owners, investors, and employees
9shall submit all required information on a form prescribed by
10the department of public safety.
11b. The department shall charge an applicant for a medical
12cannabidiol cannabis manufacturer license or a medical
13cannabidiol cannabis dispensary license a fee determined by
14the department of public safety and adopted by the department
15by rule to defray the costs associated with background
16investigations conducted pursuant to the requirements of this
17section. The fee shall be in addition to any other fees
18charged by the department. The fee may be retained by the
19department of public safety and shall be considered repayment
20receipts as defined in section 8.2.
212. The department shall require an applicant for a
22medical cannabidiol cannabis manufacturer license or a
23medical cannabidiol cannabis dispensary license, their owners
24and investors, and applicants for employment at a medical
25cannabidiol cannabis manufacturer or medical cannabidiol
26 cannabis dispensary to submit fingerprints and other required
27identifying information to the department on a form prescribed
28by the department of public safety. The department shall
29submit the fingerprint cards and other identifying information
30to the division of criminal investigation of the department
31of public safety for submission to the federal bureau of
32investigation for the purpose of conducting a national criminal
33history record check. The department may require employees and
34contractors involved in carrying out a background investigation
35to submit fingerprints and other identifying information for
-22-1the same purpose.
24. An applicant for a medical cannabidiol cannabis
3 manufacturer license or a medical cannabidiol cannabis
4 dispensary license shall submit information and fees required
5by this section at the time of application.
6 Sec. 49. Section 204.17, subsection 4, Code 2020, is amended
7to read as follows:
84. Nothing in this chapter shall be construed or applied
9to authorize a person to manufacture, recommend, possess, use,
10dispense, deliver, transport, or administer medical cannabidiol
11 cannabis pursuant to chapter 124E.
12 Sec. 50. Section 730.5, subsection 11, paragraph f, Code
132020, is amended to read as follows:
14f. Testing or taking action against an employee or
15prospective employee with a confirmed positive test result due
16to the employee’s or prospective employee’s use of medical
17cannabidiol cannabis as authorized under chapter 124E.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the medical cannabidiol program. The
22bill is organized into divisions.
23DIVISION I — MEDICAL CANNABIDIOL PROGRAM. The bill changes
24the name of the medical cannabidiol Act to the medical cannabis
25Act.
26The bill adds physician assistants, advanced registered
27nurse practitioners, advanced practice registered nurses, and
28podiatrists to the list of health care practitioners allowed to
29certify a patient to receive a medical cannabidiol registration
30card.
31The bill removes the 3 percent tetrahydrocannabinol (THC)
32limit on medical cannabidiol. The bill prohibits a medical
33cannabidiol patient or a patient’s primary caregiver from
34receiving more than 4.5 grams of total THC in a 90-day period.
35The bill allows medical cannabidiol dispensaries to access the
-23-1files of the department of public health to determine whether
2a patient has received more than 4.5 grams of total THC in a
390-day period. The bill defines “total THC” as the amount of
4THC plus the amount of tetrahydrocannabinolic acid.
5The bill removes the department of transportation from the
6process of issuing medical cannabidiol registration cards and
7makes conforming Code changes. The bill directs the department
8of public health to issue medical cannabidiol registration
9cards.
10The bill removes the prohibitions on patients and primary
11caregivers with certain disqualifying felony offenses from
12receiving a medical cannabidiol registration card.
13The bill removes the limit on the number of meetings per year
14of the medical cannabidiol board. Current law sets the maximum
15number of meetings to four per year.
16The bill requires medical cannabidiol dispensaries to employ
17a pharmacist or pharmacy technician for the purpose of making
18medical cannabidiol dosing recommendations.
19The bill allows health care practitioners to access the
20patient registry maintained by the department of public health
21to determine whether a patient seeking a written certification
22for a medical cannabidiol registration card has already
23received a written certification from another health care
24practitioner.
25The bill requires the department of public health to
26conduct an observational effectiveness study, in cooperation
27with patients and health care practitioners, on the efficacy
28of medical cannabis products. The bill also requires the
29department to seek guarantees from federal agencies that
30provide funding to educational and long-term care facilities
31that facilities with policies allowing patients to possess
32medical cannabis on the property of the facility or allowing
33facility staff to administer medical cannabis to a patient
34will not lose eligibility for any federal funding due to such
35policies.
-24- 1The bill provides that a medical cannabidiol registration
2card issued prior to July 1, 2020, by the department of
3transportation shall remain valid until the card’s expiration
4date.
5DIVISION II — CONFORMING CODE CHANGES. This division
6changes references to “medical cannabidiol” to “medical
7cannabis” throughout the Code.
-25-ss/rh