Bill Text: IA HF2270 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act providing for the creation of a medical marijuana Act including the creation of nonprofit dispensaries, and providing for civil and criminal penalties and fees.

Status: (Introduced - Dead) 2012-02-14 - Subcommittee, Baudler, Kressig, and Tjepkes. H.J. 267. [HF2270 Detail]

Download: Iowa-2011-HF2270-Introduced.html
House File 2270 - Introduced HOUSE FILE 2270 BY HUNTER A BILL FOR An Act providing for the creation of a medical marijuana 1 Act including the creation of nonprofit dispensaries, and 2 providing for civil and criminal penalties and fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5265YH (1) 84 rh/nh
H.F. 2270 Section 1. Section 124.401, subsection 5, Code Supplement 1 2011, is amended by adding the following new unnumbered 2 paragraph: 3 NEW UNNUMBERED PARAGRAPH . A person may knowingly or 4 intentionally possess marijuana if the possession is in 5 accordance with the provisions of chapter 124D. 6 Sec. 2. NEW SECTION . 124D.1 Citation. 7 This chapter shall be known and may be cited as the “Medical 8 Marijuana Act” . 9 Sec. 3. NEW SECTION . 124D.2 Definitions. 10 As used in this chapter, the following definitions shall 11 apply: 12 1. “Cardholder” means a qualifying patient, a primary 13 caregiver, or a principal officer, board member, employee, 14 or agent of a nonprofit dispensary who has been issued and 15 possesses a valid registry identification card. 16 2. “Debilitating medical condition” means any of the 17 following: 18 a. Cancer, glaucoma, positive status for human 19 immunodeficiency virus, acquired immune deficiency syndrome, 20 hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, 21 agitation of Alzheimer’s disease, nail patella, or the 22 treatment of any of these conditions. 23 b. A chronic or debilitating disease or medical condition 24 or its treatment that produces intractable pain, which is pain 25 that has not responded to ordinary medical or surgical measures 26 for more than six months. 27 c. A chronic or debilitating disease or medical condition or 28 its treatment that produces any of the following: 29 (1) Cachexia or wasting syndrome. 30 (2) Severe nausea. 31 (3) Seizures, including but not limited to those 32 characteristic of epilepsy. 33 (4) Severe and persistent muscle spasms, including but not 34 limited to those characteristic of multiple sclerosis. 35 -1- LSB 5265YH (1) 84 rh/nh 1/ 24
H.F. 2270 d. Any other medical condition or its treatment approved by 1 the department. 2 3. “Department” means the department of public health. 3 4. “Enclosed, locked facility” means a closet, room, 4 greenhouse, or other enclosed area equipped with locks or other 5 security devices that permit access only by a cardholder. 6 5. “Felony drug offense” means a violation of a state or 7 federal controlled substance law that was classified as a 8 felony in the jurisdiction where the person was convicted. 9 “Felony drug offense” does not include any of the following: 10 a. An offense for which the sentence, including any term of 11 probation, incarceration, or supervised release, was completed 12 ten or more years earlier. 13 b. An offense that involved conduct that would have been 14 permitted under this chapter. 15 6. “Marijuana” means the same as defined in section 124.101, 16 subsection 19. 17 7. “Medical use” means the acquisition, possession, 18 cultivation, manufacture, use, delivery, transfer, or 19 transportation of marijuana or paraphernalia relating to the 20 administration of marijuana to treat or alleviate a registered 21 qualifying patient’s debilitating medical condition or symptoms 22 associated with the patient’s debilitating medical condition. 23 8. “Nonprofit dispensary” means a not-for-profit entity 24 registered under section 124D.4 that acquires, possesses, 25 cultivates, manufactures, delivers, transfers, transports, 26 sells, supplies, or dispenses marijuana or related supplies and 27 educational materials to cardholders. A nonprofit dispensary 28 is a primary caregiver. 29 9. “Physician” means an individual licensed under the 30 provisions of chapter 148 to practice medicine and surgery or 31 osteopathic medicine and surgery. 32 10. “Primary caregiver” means a person twenty-one years 33 of age or older who has agreed to assist with a qualifying 34 patient’s medical use of marijuana and who has never been 35 -2- LSB 5265YH (1) 84 rh/nh 2/ 24
H.F. 2270 convicted of a felony drug offense, and includes a nonprofit 1 dispensary. Unless the primary caregiver is a nonprofit 2 dispensary, the primary caregiver shall not assist more than 3 five qualifying patients with their medical use of marijuana. 4 11. “Qualifying patient” means a person who has been 5 diagnosed by a physician with a debilitating medical condition. 6 12. “Registered nonprofit dispensary” means a nonprofit 7 dispensary registered by the department pursuant to section 8 124D.4. 9 13. “Registry identification card” means a document issued 10 by the department that identifies a person as a registered 11 qualifying patient, registered primary caregiver, or a 12 principal officer, board member, employee, or agent of a 13 nonprofit dispensary. 14 14. “Unusable marijuana” means marijuana seeds, stalks, 15 seedlings, and unusable roots. “Seedling” means a marijuana 16 plant without flowers which is less than twelve inches in 17 height and less than twelve inches in diameter. 18 15. “Usable marijuana” means the dried leaves and flowers of 19 the marijuana plant, and any mixture or preparation thereof, 20 but does not include the seeds, stalks, and roots of the 21 plant and does not include the weight of other ingredients in 22 marijuana prepared for consumption as food. 23 16. “Visiting qualifying patient” means a patient with a 24 debilitating medical condition who is not a resident of this 25 state or who has been a resident of this state for less than 26 thirty days. 27 17. “Written certification” means a document signed by 28 a physician, stating that in the physician’s professional 29 opinion the patient is likely to receive therapeutic or 30 palliative benefit from the medical use of marijuana to treat 31 or alleviate the patient’s debilitating medical condition or 32 symptoms associated with the debilitating medical condition. 33 A written certification shall be made only in the course of a 34 bona fide physician-patient relationship after the physician 35 -3- LSB 5265YH (1) 84 rh/nh 3/ 24
H.F. 2270 has completed a full assessment of the qualifying patient’s 1 medical history. The written certification shall specify the 2 qualifying patient’s debilitating medical condition. 3 Sec. 4. NEW SECTION . 124D.3 Medical use of marijuana. 4 1. A qualifying patient who has been issued and possesses a 5 registry identification card shall not be subject to arrest, 6 prosecution, or penalty in any manner, or denied any right 7 or privilege, including but not limited to a civil penalty 8 or disciplinary action by a business or occupational or 9 professional licensing board or bureau, for the medical use 10 of marijuana in accordance with this chapter, provided the 11 marijuana possessed by the qualifying patient: 12 a. Is not more than two and one-half ounces of usable 13 marijuana. 14 b. If the qualifying patient has not designated a primary 15 caregiver to cultivate marijuana for the qualifying patient, 16 does not exceed six marijuana plants, which must be kept in 17 an enclosed, locked facility unless the plants are being 18 transported because the qualifying patient is moving or the 19 plants are being transported to the qualifying patient’s 20 property. 21 2. A primary caregiver other than a nonprofit dispensary who 22 has been issued and possesses a registry identification card 23 shall not be subject to arrest, prosecution, or penalty in any 24 manner, or denied any right or privilege, including but not 25 limited to a civil penalty or disciplinary action by a business 26 or occupational or professional licensing board or bureau, for 27 assisting a qualifying patient to whom the primary caregiver is 28 connected through the department’s registration process with 29 the medical use of marijuana in accordance with this chapter, 30 provided that the marijuana possessed by the primary caregiver: 31 a. Is not more than two and one-half ounces of usable 32 marijuana for each qualifying patient to whom the primary 33 caregiver is connected through the department’s registration 34 process. 35 -4- LSB 5265YH (1) 84 rh/nh 4/ 24
H.F. 2270 b. For each qualifying patient who has designated the 1 primary caregiver to cultivate marijuana for the qualifying 2 patient, does not exceed six marijuana plants, which must be 3 kept in an enclosed, locked facility unless the plants are 4 being transported because the primary caregiver is moving. 5 3. Any incidental amount of seeds, stalks, and unusable 6 roots shall be allowed and shall not be included in the amounts 7 specified in subsections 1 and 2. 8 4. a. There shall be a presumption that a qualifying 9 patient or primary caregiver is engaged in the medical use of 10 marijuana pursuant to this chapter if the qualifying patient or 11 primary caregiver does both of the following: 12 (1) Possesses a registry identification card. 13 (2) Possesses an amount of marijuana that does not exceed 14 the amount allowed under this chapter. 15 b. The presumption may be rebutted by evidence that 16 conduct related to marijuana use or possession was not for the 17 purpose of treating or alleviating the qualifying patient’s 18 debilitating medical condition or symptoms associated with 19 the debilitating medical condition, in accordance with this 20 chapter. 21 5. A cardholder shall not be subject to arrest, prosecution, 22 or penalty in any manner, or denied any right or privilege, 23 including but not limited to civil penalty or disciplinary 24 action by a business or occupational or professional licensing 25 board or bureau, for giving an amount of marijuana the person 26 is allowed to possess under subsection 1 or 2 to a cardholder 27 for a registered qualifying patient’s medical use where nothing 28 of value is transferred in return, or to offer to do the same. 29 6. A school, employer, or landlord shall not refuse to 30 enroll, employ, or lease to, or otherwise penalize, a person 31 solely on the basis of the person’s status as a registered 32 qualifying patient or a registered primary caregiver, unless 33 failing to do so would put the school, employer, or landlord 34 in violation of federal law or cause the school, employer, or 35 -5- LSB 5265YH (1) 84 rh/nh 5/ 24
H.F. 2270 landlord to lose a federal contract or funding. 1 7. A person shall not be denied custody or visitation of 2 a minor for acting in accordance with this chapter, unless 3 the person’s behavior is such that it creates an unreasonable 4 danger to the minor that can be clearly articulated and 5 substantiated. 6 8. A registered primary caregiver may receive compensation 7 for costs associated with assisting a registered qualifying 8 patient’s medical use of marijuana, provided that the 9 registered primary caregiver is connected to the registered 10 qualifying patient through the department’s registration 11 process. Any such compensation shall not constitute the sale 12 of controlled substances. 13 9. A physician shall not be subject to arrest, prosecution, 14 or penalty in any manner, or denied any right or privilege, 15 including but not limited to a civil penalty or disciplinary 16 action by the board of medicine or by any other business or 17 occupational or professional licensing board or bureau, solely 18 for providing written certifications or for otherwise stating 19 that, in the physician’s professional opinion, a patient is 20 likely to receive therapeutic benefit from the medical use of 21 marijuana to treat or alleviate the patient’s debilitating 22 medical condition or symptoms associated with the debilitating 23 medical condition, provided that nothing shall prevent a 24 professional licensing board from sanctioning a physician for 25 failing to properly evaluate a patient’s medical condition or 26 otherwise violating the standard of care for evaluating medical 27 conditions. 28 10. A person shall not be subject to arrest, prosecution, 29 or penalty in any manner, or denied any right or privilege, 30 including but not limited to a civil penalty or disciplinary 31 action by a business or occupational or professional licensing 32 board or bureau, for providing a registered qualifying patient 33 or a registered primary caregiver with marijuana paraphernalia 34 for purposes of a qualifying patient’s medical use of 35 -6- LSB 5265YH (1) 84 rh/nh 6/ 24
H.F. 2270 marijuana. 1 11. Any marijuana, marijuana paraphernalia, licit property, 2 or interest in licit property that is possessed, owned, or used 3 in connection with the medical use of marijuana, as allowed 4 under this chapter, or property incidental to such use, shall 5 not be seized or forfeited. 6 12. A person shall not be subject to arrest, prosecution, 7 or penalty in any manner, or denied any right or privilege, 8 including but not limited to a civil penalty or disciplinary 9 action by a business or occupational or professional licensing 10 board or bureau, simply for being in the presence or vicinity 11 of the medical use of marijuana as allowed under this chapter, 12 or for assisting a registered qualifying patient with using or 13 administering marijuana. 14 13. A registry identification card, or its equivalent, that 15 is issued under the laws of another state, district, territory, 16 commonwealth, or insular possession of the United States that 17 allows the medical use of marijuana by a visiting qualifying 18 patient, shall have the same force and effect as a registry 19 identification card issued by the department for purposes of 20 this chapter. 21 Sec. 5. NEW SECTION . 124D.4 Nonprofit dispensaries. 22 1. The department shall register and issue a registration 23 certificate to a nonprofit dispensary within thirty days of 24 receiving an application for registration of a nonprofit 25 dispensary if the prospective nonprofit dispensary provided all 26 of the following, in accordance with the department’s rules: 27 a. An application fee of five thousand dollars. 28 b. The legal name of the nonprofit dispensary. 29 c. The physical address of the nonprofit dispensary and 30 the physical address of one additional location, if any, where 31 marijuana will be cultivated. 32 d. The name, address, and date of birth of each principal 33 officer and board member of the nonprofit dispensary. 34 e. The name, address, and date of birth of any person who is 35 -7- LSB 5265YH (1) 84 rh/nh 7/ 24
H.F. 2270 an agent of or employed by the nonprofit dispensary. 1 2. The department shall track the number of registered 2 qualifying patients who designate a nonprofit dispensary as 3 a primary caregiver and issue to each nonprofit dispensary 4 a written statement of the number of qualifying patients 5 who have designated the nonprofit dispensary to cultivate 6 marijuana for them. This statement shall be updated each time 7 a registered qualifying patient newly designates the nonprofit 8 dispensary or ceases to designate the nonprofit dispensary and 9 may be transmitted electronically if the department’s rules so 10 provide. The department may provide by rule that the updated 11 written statements may not be issued more frequently than once 12 each week. 13 3. Except as provided in subsection 4, the department shall 14 issue each principal officer, board member, agent, or employee 15 of a nonprofit dispensary a registry identification card within 16 ten days of receipt of the person’s name, address, date of 17 birth, and a fee in an amount established by the department. 18 Each registry identification card shall specify that the 19 cardholder is a principal officer, board member, agent, or 20 employee of a nonprofit dispensary and shall contain all of the 21 following information: 22 a. The name, address, and date of birth of the principal 23 officer, board member, agent, or employee. 24 b. The legal name of the nonprofit dispensary with which 25 the principal officer, board member, agent, or employee is 26 affiliated. 27 c. A random identification number that is unique to the 28 cardholder. 29 d. The date of issuance and expiration date of the registry 30 identification card. 31 e. A photograph, if the department requires inclusion of a 32 photograph by rule. 33 4. The department shall not issue a registry identification 34 card to any principal officer, board member, agent, or employee 35 -8- LSB 5265YH (1) 84 rh/nh 8/ 24
H.F. 2270 of a nonprofit dispensary who has been convicted of a felony 1 drug offense. The department may conduct a background check 2 of each principal officer, board member, agent, or employee 3 in order to carry out this subsection. The department shall 4 notify the nonprofit dispensary in writing of the reason for 5 denying the registry identification card. 6 5. a. A nonprofit dispensary registration certificate and 7 the registry identification card for each principal officer, 8 board member, agent, or employee shall expire one year after 9 the date of issuance. The department shall issue a renewal 10 nonprofit dispensary registration certificate or renewal 11 registry identification card within ten days to any person who 12 complies with the requirements in subsection 3. 13 b. A registry identification card of a principal officer, 14 board member, agent, or employee shall expire ten days after 15 notification by a nonprofit dispensary that such person ceases 16 to work at the nonprofit dispensary. 17 6. A nonprofit dispensary is subject to reasonable 18 inspection by the department. The department shall give 19 reasonable notice of an inspection. 20 7. a. A nonprofit dispensary shall be operated on a 21 not-for-profit basis for the mutual benefit of its members 22 and patrons. The bylaws of a nonprofit dispensary and its 23 contracts with patrons shall contain such provisions relative 24 to the disposition of revenues and receipts as may be necessary 25 and appropriate to establish and maintain its not-for-profit 26 status. However, a nonprofit dispensary need not be recognized 27 as tax-exempt by the federal internal revenue service and is 28 not required to incorporate pursuant to chapter 504. 29 b. A nonprofit dispensary shall notify the department within 30 ten days of when a principal officer, board member, agent, or 31 employee ceases to work at the nonprofit dispensary. 32 c. A nonprofit dispensary shall notify the department in 33 writing of the name, address, and date of birth of any new 34 principal officer, board member, agent, or employee and shall 35 -9- LSB 5265YH (1) 84 rh/nh 9/ 24
H.F. 2270 submit a fee in an amount established by the department for 1 a new registry identification card before the new principal 2 officer, board member, agent, or employee begins working at the 3 nonprofit dispensary. 4 d. A nonprofit dispensary shall implement appropriate 5 security measures to deter and prevent unauthorized entrance 6 into areas containing marijuana and the theft of marijuana. 7 e. The operating documents of a nonprofit dispensary 8 shall include procedures for the oversight of the nonprofit 9 dispensary and procedures to ensure accurate recordkeeping. 10 f. A nonprofit dispensary is prohibited from acquiring, 11 possessing, cultivating, manufacturing, delivering, 12 transferring, transporting, supplying, or dispensing marijuana 13 for any purpose except to assist registered qualifying patients 14 with the medical use of marijuana directly or through the 15 qualifying patients’ other primary caregivers. 16 g. All principal officers and board members of a nonprofit 17 dispensary shall be residents of the state of Iowa. 18 h. All cultivation of marijuana shall take place in an 19 enclosed, locked facility. 20 i. A nonprofit dispensary shall not be located within 21 five hundred feet of the property line of a public or private 22 school. 23 8. A nonprofit dispensary or a principal officer, board 24 member, agent, or employee of a nonprofit dispensary shall not 25 dispense more than two and one-half ounces of usable marijuana 26 to a qualifying patient or to a primary caregiver on behalf of 27 a qualifying patient during a fifteen-day period. 28 9. a. A nonprofit dispensary shall not be subject to 29 prosecution, search, seizure, or penalty, or be denied any 30 right or privilege, including but not limited to a civil 31 penalty or disciplinary action by a business, occupational, or 32 licensing board or entity, solely for acting in accordance with 33 this chapter to provide usable marijuana or to otherwise assist 34 registered qualifying patients connected with the nonprofit 35 -10- LSB 5265YH (1) 84 rh/nh 10/ 24
H.F. 2270 dispensary with the medical use of marijuana. 1 b. A principal officer, board member, agent, or employee 2 of a registered nonprofit dispensary shall not be subject 3 to arrest, prosecution, search, seizure, or penalty in any 4 manner or denied any right or privilege, including but not 5 limited to a civil penalty or disciplinary action by a court or 6 occupational or professional licensing board or entity, solely 7 for acting in accordance with this chapter and department rules 8 to acquire, possess, cultivate, manufacture, deliver, transfer, 9 transport, supply, or dispense marijuana or related supplies 10 and educational materials to registered qualifying patients, 11 to registered primary caregivers on behalf of registered 12 qualifying patients, or to other nonprofit dispensaries. 13 10. a. A nonprofit dispensary shall not possess more 14 than six live marijuana plants for each registered qualifying 15 patient who has designated the nonprofit dispensary as a 16 primary caregiver and has designated that the nonprofit 17 dispensary will be permitted to cultivate marijuana for the 18 registered qualifying patient’s medical use. 19 b. A principal officer, board member, employee, or agent 20 of a nonprofit dispensary shall not dispense, deliver, 21 or otherwise transfer marijuana to a person other than a 22 qualifying patient who has designated the nonprofit dispensary 23 as a primary caregiver. 24 c. The department shall immediately revoke the registry 25 identification card of a principal officer, board member, 26 employee, or agent of a nonprofit dispensary who is found to 27 be in violation of paragraph “b” , and such a person shall be 28 disqualified from serving as a principal officer, board member, 29 agent, or employee of a nonprofit dispensary. 30 d. Except as otherwise provided, a person who has been 31 convicted of an offense that was classified as a felony in 32 the jurisdiction where the person was convicted shall not be 33 eligible to be a principal officer, board member, agent, or 34 employee of a nonprofit dispensary. 35 -11- LSB 5265YH (1) 84 rh/nh 11/ 24
H.F. 2270 (1) A person who is a principal officer, board member, 1 agent, or employee of a nonprofit dispensary in violation of 2 this paragraph “d” is subject to a civil penalty of up to one 3 thousand dollars. 4 (2) A person who is a principal officer, board member, 5 agent, or employee of a nonprofit dispensary in violation 6 of this paragraph “d” and who, at the time of the violation, 7 has been previously found to have been in violation of this 8 paragraph “d” commits a class “D” felony. 9 e. A nonprofit dispensary shall not acquire usable marijuana 10 or mature marijuana plants except through the cultivation of 11 marijuana by that nonprofit dispensary. 12 Sec. 6. NEW SECTION . 124D.5 Departmental rules. 13 1. Not later than one hundred twenty days after the 14 effective date of this Act, the department shall adopt rules to 15 carry out the purposes of this chapter. 16 2. Not later than one hundred twenty days after the 17 effective date of this Act, the department shall adopt 18 rules that govern the manner in which the department shall 19 consider petitions from the public to add medical conditions 20 or treatments to the list of debilitating medical conditions 21 set forth in section 124D.2, subsection 2. In considering 22 such petitions, the department shall include public notice 23 of, and an opportunity to comment in, a public hearing upon 24 such petitions. The department shall, after hearing, approve 25 or deny such petitions within one hundred eighty days of 26 their submission. The approval or denial of such a petition 27 constitutes final agency action, subject to judicial review. 28 3. Not later than one hundred twenty days after the 29 effective date of this Act, the department shall adopt rules 30 governing the manner in which it considers applications for and 31 renewals of registry identification cards. The department’s 32 rules must establish application and renewal fees that generate 33 revenues sufficient to offset all expenses of implementing 34 and administering this chapter. The department may establish 35 -12- LSB 5265YH (1) 84 rh/nh 12/ 24
H.F. 2270 a sliding scale of application and renewal fees based upon 1 a qualifying patient’s income. The department may accept 2 donations from private sources to reduce application and 3 renewal fees. 4 Sec. 7. NEW SECTION . 124D.6 Registry identification cards 5 —— application —— fee —— penalty. 6 1. The department shall issue a registry identification 7 card to a qualifying patient who submits an application 8 containing all of the following: 9 a. A written certification. 10 b. An application or renewal fee. 11 c. The name, address, and date of birth of the qualifying 12 patient except that if the applicant is homeless, no address 13 is required. 14 d. The name, address, and telephone number of the qualifying 15 patient’s physician. 16 e. The name, address, and date of birth of each primary 17 caregiver, if any, of the qualifying patient. A qualifying 18 patient may designate only one primary caregiver unless 19 the qualifying patient is under eighteen years of age and 20 requires a parent to serve as a primary caregiver or the 21 qualifying patient designates a nonprofit dispensary to 22 cultivate marijuana for the qualifying patient’s medical use 23 and the qualifying patient requests the assistance of a second 24 caregiver to assist with the qualifying patient’s medical use. 25 f. If the qualifying patient designates one or more primary 26 caregivers, a designation as to who will be allowed under state 27 law to cultivate marijuana plants for the qualifying patient’s 28 medical use. Only one person may be allowed to cultivate 29 marijuana plants for a qualifying patient. 30 2. The department shall not issue a registry identification 31 card to a qualifying patient who is under the age of eighteen 32 unless all of the following requirements are met: 33 a. The qualifying patient’s physician has explained the 34 potential risks and benefits of the medical use of marijuana 35 -13- LSB 5265YH (1) 84 rh/nh 13/ 24
H.F. 2270 to the qualifying patient and to a parent, guardian, or legal 1 custodian of the qualifying patient. 2 b. The parent, guardian, or person having legal custody 3 consents in writing to all of the following: 4 (1) Allowing the qualifying patient’s medical use of 5 marijuana. 6 (2) Serving as the qualifying patient’s primary caregiver. 7 (3) Controlling the acquisition of the marijuana, the 8 dosage, and the frequency of the medical use of marijuana by 9 the qualifying patient. 10 3. The department shall verify the information contained 11 in an application or renewal application submitted pursuant 12 to this section, and shall approve or deny an application 13 or renewal application within thirty days of receiving the 14 application or renewal application. The department may deny 15 an application or a renewal application only if the applicant 16 fails to provide the information required pursuant to this 17 section, or the department determines that the information 18 provided was falsified. Rejection of an application or a 19 renewal application is considered a final agency action subject 20 to judicial review pursuant to chapter 17A. 21 4. The department shall issue a registry identification 22 card to the primary caregiver, if any, who is named in 23 a qualifying patient’s approved application or renewal 24 application, up to a maximum of one primary caregiver per 25 qualifying patient, provided the primary caregiver meets the 26 requirements of section 124D.2, subsection 10. 27 5. The department shall issue a registry identification 28 card to a qualifying patient and to the primary caregiver 29 within five days of approving an application or a renewal 30 application, which shall expire one year after the date of 31 issuance. A registry identification card shall contain all of 32 the following: 33 a. The name, address, and date of birth of the qualifying 34 patient. 35 -14- LSB 5265YH (1) 84 rh/nh 14/ 24
H.F. 2270 b. The name, address, and date of birth of the primary 1 caregiver, if any, of the qualifying patient. 2 c. The date of issuance and expiration date of the registry 3 identification card. 4 d. A random identification number. 5 e. A photograph, if the department requires a photograph. 6 f. A clear designation indicating whether the cardholder 7 shall be allowed under law to cultivate marijuana plants for 8 the qualifying patient’s medical use, to be determined based 9 upon the qualifying patient’s preference. 10 6. a. A registered qualifying patient shall notify the 11 department of any change in the registered qualifying patient’s 12 name, address, or primary caregiver, preference regarding who 13 may cultivate marijuana for the registered qualifying patient, 14 or if the registered qualifying patient ceases to have a 15 debilitating medical condition, within ten days of such change. 16 b. A registered qualifying patient who fails to notify the 17 department of any of the changes in paragraph “a” is subject 18 to a civil penalty of up to one hundred fifty dollars. If 19 the registered qualifying patient’s certifying physician 20 notifies the department in writing that the registered 21 qualifying patient no longer suffers from a debilitating 22 medical condition, the registered qualifying patient’s registry 23 identification card shall become void upon notification by the 24 department to the qualifying patient. 25 c. A registered primary caregiver shall notify the 26 department of any change in the registered primary caregiver’s 27 name or address within ten days of such change. A registered 28 primary caregiver who fails to notify the department of such 29 change is subject to a civil penalty of up to one hundred fifty 30 dollars. 31 d. When a registered qualifying patient or registered 32 primary caregiver notifies the department of any changes 33 listed in this subsection and submits a fee of ten dollars, 34 the department shall issue the cardholder a new registry 35 -15- LSB 5265YH (1) 84 rh/nh 15/ 24
H.F. 2270 identification card within ten days of receiving the updated 1 information. 2 e. When a registered qualifying patient changes the 3 registered qualifying patient’s registered primary caregiver, 4 the department shall notify the primary caregiver within 5 ten days. The registered primary caregiver’s protections 6 as provided in this chapter shall expire ten days after 7 notification by the department. 8 f. If a cardholder loses the cardholder’s registry 9 identification card, the cardholder shall notify the department 10 and submit a fee of ten dollars within ten days of losing the 11 card. Within five days after such notification, the department 12 shall issue a new registry identification card with a new 13 random identification number to the cardholder. 14 7. Possession of, or application for, a registry 15 identification card shall not constitute probable cause or 16 reasonable suspicion and shall not be used to support the 17 search of the person or property of the person possessing or 18 applying for the registry identification card. The possession 19 of or application for a registry identification card does not 20 prevent the issuance of a warrant if probable cause exists on 21 other grounds. 22 8. The following confidentiality rules shall apply: 23 a. Applications and supporting information submitted by 24 a qualifying patient, including information regarding the 25 qualifying patient’s primary caregiver and physician, are 26 confidential. 27 b. Applications and supporting information submitted by a 28 primary caregiver operating in compliance with this chapter, 29 including the physical address of a nonprofit dispensary, are 30 confidential. 31 c. The department shall maintain a confidential list 32 of the persons to whom the department has issued registry 33 identification cards. Individual names and other identifying 34 information on the list shall be confidential and not subject 35 -16- LSB 5265YH (1) 84 rh/nh 16/ 24
H.F. 2270 to disclosure, except to authorized employees of the department 1 as necessary to perform official duties of the department. 2 d. The department shall verify to law enforcement personnel 3 whether a registry identification card is valid without 4 disclosing more information than is reasonably necessary to 5 verify the authenticity of the registry identification card. 6 e. (1) A person, including an employee or official of the 7 department or another state agency or local government, who 8 breaches the confidentiality of information obtained pursuant 9 to this chapter commits a serious misdemeanor punishable by 10 imprisonment of up to one hundred days and a fine of up to one 11 thousand dollars. 12 (2) Notwithstanding this paragraph “e” , department employees 13 may notify law enforcement about falsified or fraudulent 14 information submitted to the department, if the employee who 15 suspects that falsified or fraudulent information has been 16 submitted confers with the employee’s supervisor and the 17 employee and the employee’s supervisor agree that circumstances 18 exist that warrant reporting. 19 9. A cardholder who sells marijuana to a person who is not 20 allowed to possess marijuana for medical purposes under this 21 chapter shall have the cardholder’s registry identification 22 card revoked and is subject to any other penalties for the 23 sale of marijuana. The department shall revoke the registry 24 identification card of any cardholder who violates this chapter 25 and the cardholder is subject to any other penalties for the 26 violation. 27 10. The department shall submit an annual report to 28 the general assembly by January 15 of each year that does 29 not disclose any identifying information about cardholders 30 or physicians, but does contain, at a minimum, all of the 31 following information: 32 a. The number of applications and renewal applications 33 submitted for registry identification cards. 34 b. The number of registered qualifying patients and 35 -17- LSB 5265YH (1) 84 rh/nh 17/ 24
H.F. 2270 registered primary caregivers in each county. 1 c. The nature of the debilitating medical conditions of the 2 qualifying patients. 3 d. The number of registry identification cards revoked. 4 e. The number of physicians providing written certifications 5 for qualifying patients. 6 f. The number of registered nonprofit dispensaries. 7 g. The number of principal officers, board members, 8 employees, and agents of nonprofit dispensaries. 9 11. The application for a qualifying patient’s registry 10 identification card shall include a question on whether the 11 patient would like the department to notify the patient about 12 any clinical studies regarding marijuana’s risks or efficacy 13 that seek human subjects. 14 Sec. 8. NEW SECTION . 124D.7 Scope of chapter. 15 1. This chapter does not permit any person to do any of the 16 following: 17 a. Undertake any task under the influence of marijuana, 18 when doing so would constitute negligence or professional 19 malpractice. 20 b. Possess marijuana, or otherwise engage in the medical use 21 of marijuana, in any of the following places: 22 (1) In a school bus. 23 (2) On the grounds of any preschool or primary or secondary 24 school. 25 (3) In any correctional facility. 26 c. Smoke marijuana in any of the following: 27 (1) Any form of public transportation. 28 (2) Any public place. 29 d. Operate, navigate, or be in actual physical control 30 of any motor vehicle, aircraft, or motorboat while under the 31 influence of marijuana. 32 e. Use marijuana if that person does not have a debilitating 33 medical condition. 34 2. Nothing in this chapter shall be construed to require any 35 -18- LSB 5265YH (1) 84 rh/nh 18/ 24
H.F. 2270 of the following: 1 a. A government medical assistance program or private health 2 insurer to reimburse a person for costs associated with the 3 medical use of marijuana. 4 b. An employer to accommodate the ingestion of marijuana in 5 any workplace or any employee working while under the influence 6 of marijuana. 7 3. Fraudulent representation to a law enforcement official 8 of any fact or circumstance relating to the medical use 9 of marijuana to avoid arrest or prosecution is a simple 10 misdemeanor, punishable by a fine of five hundred dollars, 11 in addition to any other penalties that may apply for making 12 a false statement or for the use of marijuana other than use 13 undertaken pursuant to this chapter. 14 Sec. 9. NEW SECTION . 124D.8 Affirmative defenses —— 15 dismissal. 16 1. Except as provided in section 124D.7, a qualifying 17 patient and a qualifying patient’s primary caregiver, other 18 than a nonprofit dispensary, may assert the medical purpose for 19 using marijuana as a defense to any prosecution of an offense 20 involving marijuana intended for the patient’s medical use, and 21 this defense shall be presumed valid where the evidence shows 22 all of the following: 23 a. A physician has stated that, in the physician’s 24 professional opinion, after having completed a full assessment 25 of the patient’s medical history and current medical 26 condition made in the course of a bona fide physician-patient 27 relationship, the qualifying patient is likely to receive 28 therapeutic or palliative benefit from the medical use of 29 marijuana to treat or alleviate the qualifying patient’s 30 debilitating medical condition or symptoms associated with the 31 qualifying patient’s debilitating medical condition. 32 b. The qualifying patient and the qualifying patient’s 33 primary caregiver, if any, were collectively in possession of 34 a quantity of marijuana that was not more than was reasonably 35 -19- LSB 5265YH (1) 84 rh/nh 19/ 24
H.F. 2270 necessary to ensure the uninterrupted availability of marijuana 1 for the purpose of treating or alleviating the qualifying 2 patient’s debilitating medical condition or symptoms associated 3 with the qualifying patient’s debilitating medical condition. 4 c. The qualifying patient and the qualifying patient’s 5 primary caregiver were engaged in the acquisition, possession, 6 cultivation, manufacture, use, delivery, transfer, or 7 transportation of marijuana or paraphernalia relating to the 8 administration of marijuana solely to treat or alleviate the 9 qualifying patient’s debilitating medical condition or symptoms 10 associated with the qualifying patient’s debilitating medical 11 condition. 12 2. A person may assert the medical purpose for using 13 marijuana in a motion to dismiss and the charges shall be 14 dismissed following an evidentiary hearing where the person 15 shows all of the elements listed in subsection 1. 16 3. If a qualifying patient or a patient’s primary caregiver 17 demonstrates the qualifying patient’s medical purpose for using 18 marijuana pursuant to this section, the qualifying patient and 19 the patient’s primary caregiver shall not be subject to any of 20 the following for the qualifying patient’s use of marijuana for 21 medical purposes: 22 a. Disciplinary action by a business or occupational or 23 professional licensing board or bureau. 24 b. Forfeiture of any interest in or right to nonmarijuana, 25 licit property. 26 Sec. 10. NEW SECTION . 124D.9 Enforcement. 27 1. If the department fails to adopt rules to implement the 28 requirements of this chapter within one hundred twenty days 29 of the effective date of this Act, a qualifying patient may 30 commence an action in district court to compel the department 31 to perform the department’s duties pursuant to this chapter. 32 2. If the department fails to issue a valid registry 33 identification card or a registration certificate in response 34 to a valid application or renewal application submitted 35 -20- LSB 5265YH (1) 84 rh/nh 20/ 24
H.F. 2270 pursuant to this chapter within forty-five days of its 1 submission, the registry identification card or registration 2 certificate is deemed granted, and a copy of the registry 3 identification card application or renewal application is 4 deemed a valid registry identification card. 5 3. If at any time after January 1, 2013, the department 6 is not accepting applications pursuant to this chapter, 7 including if it has not promulgated rules allowing qualifying 8 patients to submit applications, a notarized statement by a 9 qualifying patient containing the information required in 10 an application, pursuant to section 124D.6, together with 11 a written certification, shall be deemed a valid registry 12 identification card. 13 Sec. 11. Section 453B.6, Code 2011, is amended by adding the 14 following new unnumbered paragraph: 15 NEW UNNUMBERED PARAGRAPH . A person who is in possession 16 of marijuana for medical purposes in accordance with chapter 17 124D is in lawful possession of a taxable substance and is not 18 subject to the requirements of this chapter. 19 EXPLANATION 20 This bill establishes new Code chapter 124D, the medical 21 marijuana Act, relating to the possession and use of marijuana 22 for therapeutic purposes, provides for the creation of 23 nonprofit dispensaries, and provides for civil and criminal 24 penalties and fees. 25 The bill provides that a qualifying patient who has been 26 issued and possesses a registry identification card shall not 27 be subject to arrest, prosecution, or civil penalty, or denied 28 any right or privilege, for the qualifying patient’s medical 29 use of marijuana pursuant to the provisions of the bill. 30 The bill defines a qualifying patient as a person who has 31 been diagnosed by a physician with a debilitating medical 32 condition defined as cancer, glaucoma, positive status for 33 human immunodeficiency virus, acquired immune deficiency 34 syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s 35 -21- LSB 5265YH (1) 84 rh/nh 21/ 24
H.F. 2270 disease, agitation of Alzheimer’s disease, nail patella, 1 a chronic or debilitating disease or medical condition or 2 its treatment that produces intractable pain, a chronic or 3 debilitating medical condition that produces one or more of 4 the following: cachexia or wasting syndrome, severe nausea, 5 certain seizures, or certain muscle spasms, or any other 6 medical condition or its treatment approved by the department 7 of public health (department). A primary caregiver is defined 8 as a person, 21 or older, who has agreed to assist with a 9 qualifying patient’s medical use of marijuana who has never 10 been convicted of a felony drug offense. A primary caregiver 11 also includes a nonprofit dispensary. A physician is defined 12 as a physician or surgeon or osteopathic physician or surgeon 13 licensed under Code chapter 148. 14 The bill provides for the creation of nonprofit 15 dispensaries. The bill defines a nonprofit dispensary as 16 a not-for-profit organization registered by the department 17 that acquires, possesses, cultivates, manufactures, delivers, 18 transfers, transports, sells, supplies, or dispenses marijuana 19 or related supplies and educational materials to qualifying 20 patients and primary caregivers who possess a valid registry 21 identification card. The bill provides specific guidelines for 22 regulation of nonprofit dispensaries and principal officers, 23 board members, employees, or agents of a nonprofit dispensary 24 by the department. A person who has been convicted of a felony 25 offense shall not be eligible to be a principal officer, board 26 member, agent, or employee of a nonprofit dispensary, unless 27 otherwise permitted by the department. A first violation 28 of this provision is punishable by a civil penalty of up to 29 $1,000. A subsequent violation is a class “D” felony. 30 The bill provides that the department shall adopt rules 31 for implementing the bill including rules relating to the 32 consideration of petitions from the public to add additional 33 debilitating medical conditions to the list of debilitating 34 medical conditions specified in the bill, rules relating 35 -22- LSB 5265YH (1) 84 rh/nh 22/ 24
H.F. 2270 to applications and renewal applications for registry 1 identification cards issued to qualifying patients and primary 2 caregivers, and rules relating to registration certificates for 3 nonprofit dispensaries. The department shall establish fees 4 which shall meet certain requirements. 5 The bill provides that the department shall issue a 6 registry identification card to a qualifying patient who 7 submits certain specified information to the department. The 8 department shall not issue a registry identification card to 9 a qualifying patient who is under the age of 18 unless the 10 qualifying patient’s physician has explained the potential 11 risks and benefits of the medical use of marijuana to the 12 qualifying patient and to the qualifying patient’s parent, 13 guardian, or legal representative and such persons provide 14 the appropriate consent. The department shall also issue a 15 registry identification card to each primary caregiver named 16 in a qualifying patient’s approved application for a registry 17 identification card, up to a maximum of one primary caregiver 18 per qualifying patient. The bill places restrictions on the 19 amount of marijuana that may be possessed by a qualifying 20 patient or a primary caregiver and on the persons authorized 21 to cultivate marijuana for a qualifying patient. The bill 22 requires the department to submit an annual report to the 23 general assembly by January 15 of each year concerning 24 information related to registry identification cards. 25 The bill provides that a registered qualifying patient or 26 a registered primary caregiver who loses their registration 27 identification card or who makes changes to certain information 28 relevant to their registration identification card shall 29 notify the department. A registered qualifying patient or a 30 registered primary caregiver who fails to notify the department 31 of any changes in information relevant to the registration 32 identification card is subject to a civil penalty of up to 33 $150. 34 The bill provides that applications and supporting 35 -23- LSB 5265YH (1) 84 rh/nh 23/ 24
H.F. 2270 information submitted by a qualifying patient, primary 1 caregiver, physician, nonprofit dispensary, or board member, 2 employee, or agent of a nonprofit dispensary, are confidential. 3 The bill also provides that a person, including an employee or 4 official of the department or another state or local agency, 5 who disseminates information received in connection with an 6 application for a registry identification card pursuant to the 7 bill, is guilty of a serious misdemeanor and is subject to 8 confinement in jail for up to 100 days and a fine of $1,000. 9 The bill prohibits the possession and use of medical 10 marijuana in certain places and during certain activities. 11 The bill provides that any fraudulent representation to a law 12 enforcement official relating to the use of medical marijuana 13 is a simple misdemeanor, punishable by a fine of up to $500. 14 The bill amends Code section 124.401, relating to prohibited 15 acts involving controlled substances, to provide that it is 16 lawful for a person to knowingly or intentionally possess 17 marijuana if the possession is in accordance with the 18 provisions of the bill. The bill also amends Code section 19 453B.6, relating to tax stamps for controlled substances, to 20 specify that possession in accordance with the provisions of 21 the bill is lawful possession and a tax stamp is not required. 22 -24- LSB 5265YH (1) 84 rh/nh 24/ 24
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