Bill Text: IA HF199 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the compassionate use of medical cannabis Act, reclassifying marijuana, including tetrahydrocannabinols, from a schedule I controlled substance to a schedule II controlled substance, providing for civil and criminal penalties and fees, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Introduced - Dead) 2017-02-14 - Sponsor added, Isenhart. H.J. 304. [HF199 Detail]
Download: Iowa-2017-HF199-Introduced.html
House File 199 - Introduced HOUSE FILE BY KRESSIG, FORBES, COHOON, T. TAYLOR, WOLFE, KEARNS, WINCKLER, LENSING, NIELSEN, HUNTER, THEDE, GASKILL, HANSON, KACENA, STAED, MASCHER, STECKMAN, OURTH, BEARINGER, HALL, M. SMITH, BROWN=POWERS, MEYER, GAINES, McCONKEY, WESSEL=KROESCHELL, PRICHARD, OLSON, ABDUL=SAMAD, MILLER, and JACOBY A BILL FOR 1 An Act relating to the compassionate use of medical 2 cannabis Act, reclassifying marijuana, including 3 tetrahydrocannabinols, from a schedule I controlled 4 substance to a schedule II controlled substance, providing 5 for civil and criminal penalties and fees, and including 6 effective date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1756YH (10) 87 rh/rj PAG LIN 1 1 Section 1. Section 124.204, subsection 4, paragraphs m and 1 2 u, Code 2017, are amended by striking the paragraphs. 1 3 Sec. 2. Section 124.204, subsection 7, Code 2017, is amended 1 4 by striking the subsection. 1 5 Sec. 3. Section 124.206, subsection 7, Code 2017, is amended 1 6 to read as follows: 1 7 7. Hallucinogenic substances. Unless specifically excepted 1 8 or unless listed in another schedule, any material, compound, 1 9 mixture, or preparation which contains any quantity of the 1 10 following substances, or, for purposes of paragraphs "a" and 1 11 "b", which contains any of its salts, isomers, or salts of 1 12 isomers whenever the existence of such salts, isomers, or salts 1 13 of isomers is possible within the specific chemical designation 1 14 (for purposes of this paragraph only, the term "isomer" 1 15 includes the optical, positional, and geometric isomers): 1 16 a. Marijuanawhen used for medicinal purposes pursuant to 1 17 rules of the board. 1 18 b. Tetrahydrocannabinols, meaning tetrahydrocannabinols 1 19 naturally contained in a plant of the genus cannabis (cannabis 1 20 plant) as well as synthetic equivalents of the substances 1 21 contained in the cannabis plant, or in the resinous extractives 1 22 of such plant, and synthetic substances, derivatives, and their 1 23 isomers with similar chemical structure and pharmacological 1 24 activity to those substances contained in the plant, such as 1 25 the following: 1 26 (1) 1 cis or trans tetrahydrocannabinol, and their optical 1 27 isomers. 1 28 (2) 6 cis or trans tetrahydrocannabinol, and their optical 1 29 isomers. 1 30 (3) 3,4 cis or trans tetrahydrocannabinol, and their 1 31 optical isomers. (Since nomenclature of these substances 1 32 is not internationally standardized, compounds of these 1 33 structures, regardless of numerical designation of atomic 1 34 positions covered.) 1 35b.c. Nabilone [another name for nabilone: (+=) = 2 1 trans=3=(1,1=dimethylheptyl)=6,6a,7,8,10,10a=hexahydro=1= 2 2 hydroxy=6,6=dimethyl=9H=dibenzo[b,d]pyran=9=one]. 2 3 Sec. 4. Section 124.401, subsection 5, unnumbered paragraph 2 4 3, Code 2017, is amended to read as follows: 2 5 A person may knowingly or intentionally recommend, possess, 2 6 use, dispense, deliver, transport, or administercannabidiol 2 7medical cannabis if the recommendation, possession, use, 2 8 dispensing, delivery, transporting, or administering is in 2 9 accordance with the provisions of chapter124D124E. For 2 10 purposes of this paragraph,"cannabidiol""medical cannabis" 2 11 means the same as defined in section124D.2124E.2. 2 12 Sec. 5. NEW SECTION. 124E.1 Short title. 2 13 This chapter shall be known and may be cited as the 2 14 "Compassionate Use of Medical Cannabis Act". 2 15 Sec. 6. NEW SECTION. 124E.2 Definitions. 2 16 As used in this chapter: 2 17 1. "Debilitating medical condition" means any of the 2 18 following: 2 19 a. Cancer, if the underlying condition or treatment produces 2 20 one or more of the following: 2 21 (1) Intractable pain. 2 22 (2) Nausea or severe vomiting. 2 23 (3) Cachexia or severe wasting. 2 24 b. Multiple sclerosis. 2 25 c. Epilepsy or seizure disorders. 2 26 d. AIDS or HIV as defined in section 141A.1. 2 27 e. Crohn's disease or ulcerative colitis. 2 28 f. Amyotrophic lateral sclerosis. 2 29 g. Intractable pain. 2 30 h. Glaucoma. 2 31 i. Any terminal illness, with a probable life expectancy of 2 32 under one year, if the illness or its treatment produces one or 2 33 more of the following: 2 34 (1) Intractable pain. 2 35 (2) Nausea or severe vomiting. 3 1 (3) Cachexia or severe wasting. 3 2 j. Any other chronic or debilitating disease or medical 3 3 condition or its medical treatment approved by the department 3 4 pursuant to rule. 3 5 2. "Department" means the department of public health. 3 6 3. "Disqualifying felony offense" means a violation under 3 7 federal or state law of a felony offense, which has as an 3 8 element the possession, use, or distribution of a controlled 3 9 substance, as defined in 21 U.S.C. {802(6). 3 10 4. "Enclosed, locked facility" means a closet, room, 3 11 greenhouse, or other enclosed area equipped with locks or other 3 12 security devices that permit access only by a cardholder. 3 13 5. "Health care practitioner" means an individual licensed 3 14 under chapter 148 to practice medicine and surgery or 3 15 osteopathic medicine and surgery or an individual licensed to 3 16 prescribe medicine in any other state who provides specialty 3 17 care for an Iowa resident for one or more of the debilitating 3 18 medical conditions provided in this chapter. 3 19 6. "Intractable pain" means a pain in which the cause of the 3 20 pain cannot be removed or otherwise treated with the consent 3 21 of the patient and which, in the generally accepted course of 3 22 medical practice, no relief or cure of the cause of the pain 3 23 is possible, or none has been found after reasonable efforts. 3 24 Reasonable efforts for relieving or curing the cause of the 3 25 pain may be determined on the basis of but are not limited to 3 26 any of the following: 3 27 a. When treating a nonterminally ill patient for intractable 3 28 pain, evaluation by the attending physician and one or more 3 29 physicians specializing in pain medicine or the treatment of 3 30 the area, system, or organ of the body perceived as the source 3 31 of the pain. 3 32 b. When treating a terminally ill patient, evaluation by 3 33 the attending physician who does so in accordance with the 3 34 level of care, skill, and treatment that would be recognized 3 35 by a reasonably prudent physician under similar conditions and 4 1 circumstances. 4 2 7. "Medical cannabis" means any species of the genus 4 3 cannabis plant, or any mixture or preparation of them, 4 4 including whole plant extracts and resins. 4 5 8. "Medical cannabis manufacturer" means an entity licensed 4 6 by the department to manufacture and to possess, cultivate, 4 7 transport, or supply medical cannabis pursuant to the 4 8 provisions of this chapter. 4 9 9. "Medical cannabis patient center" means an entity 4 10 licensed under section 124E.8 that acquires medical cannabis 4 11 from a medical cannabis manufacturer in this state for the 4 12 purpose of dispensing medical cannabis in this state pursuant 4 13 to this chapter. 4 14 10. "Primary caregiver" means a person, at least eighteen 4 15 years of age, who has been designated by a patient's health 4 16 care practitioner or a person having custody of a patient, as 4 17 a necessary caretaker taking responsibility for managing the 4 18 well=being of the patient with respect to the use of medical 4 19 cannabis pursuant to the provisions of this chapter. 4 20 11. "Written certification" means a document signed by a 4 21 health care practitioner, with whom the patient has established 4 22 a patient=provider relationship, which states that the patient 4 23 has a debilitating medical condition and identifies that 4 24 condition and provides any other relevant information. 4 25 Sec. 7. NEW SECTION. 124E.3 Health care practitioner 4 26 certification ==== duties. 4 27 1. Prior to a patient's submission of an application for a 4 28 medical cannabis registration card pursuant to section 124E.4, 4 29 a health care practitioner shall do all of the following: 4 30 a. Determine, in the health care practitioner's medical 4 31 judgment, whether the patient whom the health care practitioner 4 32 has examined and treated suffers from a debilitating medical 4 33 condition that qualifies for the use of medical cannabis under 4 34 this chapter, and if so determined, provide the patient with a 4 35 written certification of that diagnosis. 5 1 b. Provide explanatory information as provided by the 5 2 department to the patient about the therapeutic use of medical 5 3 cannabis. 5 4 c. Determine, on an annual basis, if the patient continues 5 5 to suffer from a debilitating medical condition and, if so, 5 6 issue the patient a new certification of that diagnosis. 5 7 d. Otherwise comply with all requirements established by the 5 8 department pursuant to rule. 5 9 2. A health care practitioner may provide, but has no duty 5 10 to provide, a written certification pursuant to this section. 5 11 Sec. 8. NEW SECTION. 124E.4 Medical cannabis registration 5 12 card. 5 13 1. Issuance to patient. The department may approve the 5 14 issuance of a medical cannabis registration card by the 5 15 department of transportation to a patient who: 5 16 a. Is at least eighteen years of age. 5 17 b. Is a permanent resident of this state. 5 18 c. Submits a written certification to the department signed 5 19 by the patient's health care practitioner that the patient is 5 20 suffering from a debilitating medical condition. 5 21 d. Submits an application to the department, on a form 5 22 created by the department, in consultation with the department 5 23 of transportation, that contains all of the following: 5 24 (1) The patient's full name, Iowa residence address, date 5 25 of birth, and telephone number. 5 26 (2) A copy of the patient's valid photograph 5 27 identification. 5 28 (3) Full name, address, and telephone number of the 5 29 patient's health care practitioner. 5 30 (4) Full name, residence address, date of birth, and 5 31 telephone number of each primary caregiver of the patient, if 5 32 any. 5 33 (5) Any other information required by rule. 5 34 e. Submits a medical cannabis registration card fee of one 5 35 hundred dollars to the department. If the patient attests to 6 1 receiving social security disability benefits, supplemental 6 2 security insurance payments, or being enrolled in the medical 6 3 assistance program, the fee shall be twenty=five dollars. 6 4 2. Patient card contents. A medical cannabis registration 6 5 card issued to a patient by the department of transportation 6 6 pursuant to subsection 1 shall contain, at a minimum, all of 6 7 the following: 6 8 a. The patient's full name, Iowa residence address, and date 6 9 of birth. 6 10 b. The patient's photograph. 6 11 c. The date of issuance and expiration of the registration 6 12 card. 6 13 d. Any other information required by rule. 6 14 3. Issuance to primary caregiver. For a patient in a 6 15 primary caregiver's care, the department may approve the 6 16 issuance of a medical cannabis registration card by the 6 17 department of transportation to the primary caregiver who: 6 18 a. Is at least eighteen years of age. 6 19 b. Submits a written certification to the department signed 6 20 by the patient's health care practitioner that the patient in 6 21 the primary caregiver's care is suffering from a debilitating 6 22 medical condition. 6 23 c. Submits an application to the department, on a form 6 24 created by the department, in consultation with the department 6 25 of transportation, that contains all of the following: 6 26 (1) The primary caregiver's full name, residence address, 6 27 date of birth, and telephone number. 6 28 (2) The patient's full name. 6 29 (3) A copy of the primary caregiver's valid photograph 6 30 identification. 6 31 (4) Full name, address, and telephone number of the 6 32 patient's health care practitioner. 6 33 (5) Any other information required by rule. 6 34 d. Submits a medical cannabis registration card fee of 6 35 twenty=five dollars to the department. 7 1 4. Primary caregiver card contents. A medical cannabis 7 2 registration card issued by the department of transportation to 7 3 a primary caregiver pursuant to subsection 3 shall contain, at 7 4 a minimum, all of the following: 7 5 a. The primary caregiver's full name, residence address, and 7 6 date of birth. 7 7 b. The primary caregiver's photograph. 7 8 c. The date of issuance and expiration of the registration 7 9 card. 7 10 d. The registration card number of each patient in the 7 11 primary caregiver's care. If the patient in the primary 7 12 caregiver's care is under the age of eighteen, the full name of 7 13 the patient's parent or legal guardian. 7 14 e. Any other information required by rule. 7 15 5. Expiration date of card. A medical cannabis registration 7 16 card issued pursuant to this section shall expire one year 7 17 after the date of issuance and may be renewed. 7 18 6. Card issuance ==== department of transportation. The 7 19 department may enter into a chapter 28E agreement with the 7 20 department of transportation to facilitate the issuance of 7 21 medical cannabis registration cards pursuant to subsections 1 7 22 and 3. 7 23 Sec. 9. NEW SECTION. 124E.5 Medical advisory council ==== 7 24 duties. 7 25 1. No later than August 15, 2017, the director of public 7 26 health shall establish a medical advisory council consisting 7 27 of nine practitioners representing the fields of neurology, 7 28 pain management, gastroenterology, oncology, psychiatry, 7 29 pediatrics, infectious disease, family medicine, and pharmacy. 7 30 The practitioners shall be nationally board=certified in their 7 31 area of specialty and knowledgeable about the use of medical 7 32 cannabis. 7 33 2. A quorum of the advisory council shall consist of five 7 34 members. 7 35 3. The duties of the advisory council shall include but not 8 1 be limited to the following: 8 2 a. Reviewing and recommending to the department for 8 3 approval additional chronic or debilitating diseases or 8 4 medical conditions or their treatments as debilitating medical 8 5 conditions that qualify for the use of medical cannabis under 8 6 this chapter. 8 7 b. Accepting and reviewing petitions to add chronic or 8 8 debilitating diseases or medical conditions or their medical 8 9 treatments to the list of debilitating medical conditions that 8 10 qualify for the use of medical cannabis under this chapter. 8 11 c. Advising the department regarding the location and number 8 12 of necessary medical cannabis patient centers throughout the 8 13 state on a continuous basis, the form and quantity of allowable 8 14 medical cannabis to be dispensed to a patient or primary 8 15 caregiver, and the general oversight of medical cannabis 8 16 manufacturers and medical cannabis patient centers in this 8 17 state. 8 18 d. Convening at least twice per year to conduct public 8 19 hearings and to review and recommend for approval petitions, 8 20 which shall be maintained as confidential personal health 8 21 information, to add chronic or debilitating diseases or 8 22 medical conditions or their medical treatments to the list of 8 23 debilitating medical conditions that qualify for the use of 8 24 medical cannabis under this chapter. 8 25 Sec. 10. NEW SECTION. 124E.6 Medical cannabis manufacturer 8 26 licensure. 8 27 1. a. The department shall license up to two medical 8 28 cannabis manufacturers to manufacture medical cannabis within 8 29 this state consistent with the provisions of this chapter by 8 30 December 1, 2017. The department shall license new medical 8 31 cannabis manufacturers or relicense the existing medical 8 32 cannabis manufacturers by December 1 of each year. 8 33 b. Information submitted during the application process 8 34 shall be confidential until the medical cannabis manufacturer 8 35 is licensed by the department unless otherwise protected from 9 1 disclosure under state or federal law. 9 2 2. As a condition for licensure, a medical cannabis 9 3 manufacturer must agree to begin supplying medical cannabis to 9 4 medical cannabis patient centers in this state by July 1, 2018. 9 5 3. The department shall consider the following factors in 9 6 determining whether to license a medical cannabis manufacturer: 9 7 a. The technical expertise of the medical cannabis 9 8 manufacturer regarding medical cannabis. 9 9 b. The qualifications of the medical cannabis manufacturer's 9 10 employees. 9 11 c. The long=term financial stability of the medical cannabis 9 12 manufacturer. 9 13 d. The ability to provide appropriate security measures on 9 14 the premises of the medical cannabis manufacturer. 9 15 e. Whether the medical cannabis manufacturer has 9 16 demonstrated an ability to meet certain medical cannabis 9 17 production needs for medical use regarding the range of 9 18 recommended dosages for each debilitating medical condition, 9 19 the range of chemical compositions of any plant of the genus 9 20 cannabis that will likely be medically beneficial for each 9 21 of the debilitating medical conditions, and the form of the 9 22 medical cannabis in the manner determined by the department 9 23 pursuant to rule. 9 24 f. The medical cannabis manufacturer's projection of and 9 25 ongoing assessment of fees on patients with debilitating 9 26 medical conditions. 9 27 4. The department shall require each medical cannabis 9 28 manufacturer to contract with the state hygienic laboratory 9 29 at the university of Iowa in Iowa City to test the medical 9 30 cannabis produced by the manufacturer as provided in section 9 31 124E.7. The department shall require that the laboratory 9 32 report testing results to the manufacturer in a manner 9 33 determined by the department pursuant to rule. 9 34 5. Each entity submitting an application for licensure 9 35 as a medical cannabis manufacturer shall pay a nonrefundable 10 1 application fee of seven thousand five hundred dollars to the 10 2 department. 10 3 Sec. 11. NEW SECTION. 124E.7 Medical cannabis 10 4 manufacturers. 10 5 1. A medical cannabis manufacturer shall contract with the 10 6 state hygienic laboratory at the university of Iowa in Iowa 10 7 City for purposes of testing the medical cannabis manufactured 10 8 by the medical cannabis manufacturer as to content, 10 9 contamination, and consistency. The cost of all laboratory 10 10 testing shall be paid by the medical cannabis manufacturer. 10 11 2. The operating documents of a medical cannabis 10 12 manufacturer shall include all of the following: 10 13 a. Procedures for the oversight of the medical cannabis 10 14 manufacturer and procedures to ensure accurate record keeping. 10 15 b. Procedures for the implementation of appropriate security 10 16 measures to deter and prevent the theft of medical cannabis and 10 17 unauthorized entrance into areas containing medical cannabis. 10 18 3. A medical cannabis manufacturer shall implement security 10 19 requirements, including requirements for protection of each 10 20 location by a fully operational security alarm system, facility 10 21 access controls, perimeter intrusion detection systems, and a 10 22 personnel identification system. 10 23 4. A medical cannabis manufacturer shall not share 10 24 office space with, refer patients to, or have any financial 10 25 relationship with a health care practitioner. 10 26 5. A medical cannabis manufacturer shall not permit any 10 27 person to consume medical cannabis on the property of the 10 28 medical cannabis manufacturer. 10 29 6. A medical cannabis manufacturer is subject to reasonable 10 30 inspection by the department. 10 31 7. A medical cannabis manufacturer shall not employ a 10 32 person who is under eighteen years of age or who has been 10 33 convicted of a disqualifying felony offense. An employee 10 34 of a medical cannabis manufacturer shall be subject to a 10 35 background investigation conducted by the division of criminal 11 1 investigation of the department of public safety and a national 11 2 criminal history background check. 11 3 8. A medical cannabis manufacturer shall not operate in any 11 4 location, whether for manufacturing, cultivating, harvesting, 11 5 packaging, or processing, within one thousand feet of a public 11 6 or private school existing before the date of the medical 11 7 cannabis manufacturer's licensure by the department. 11 8 9. A medical cannabis manufacturer shall comply with 11 9 reasonable restrictions set by the department relating to 11 10 signage, marketing, display, and advertising of medical 11 11 cannabis. 11 12 10. a. A medical cannabis manufacturer shall provide a 11 13 reliable and ongoing supply of medical cannabis to medical 11 14 cannabis patient centers pursuant to this chapter. 11 15 b. All manufacturing, cultivating, harvesting, packaging, 11 16 and processing of medical cannabis shall take place in an 11 17 enclosed, locked facility at a physical address provided to the 11 18 department during the licensure process. 11 19 c. A medical cannabis manufacturer shall not manufacture 11 20 edible medical cannabis products utilizing food coloring. 11 21 d. A medical cannabis manufacturer shall manufacture a 11 22 reliable and ongoing supply of medical cannabis to treat every 11 23 debilitating medical condition listed in this chapter. 11 24 Sec. 12. NEW SECTION. 124E.8 Medical cannabis patient 11 25 center licensure. 11 26 1. a. The department shall license by April 1, 2018, up 11 27 to four medical cannabis patient centers to dispense medical 11 28 cannabis within this state consistent with the provisions 11 29 of this chapter. The department shall license new medical 11 30 cannabis patient centers or relicense the existing medical 11 31 cannabis patient centers by December 1 of each year. 11 32 b. Information submitted during the application process 11 33 shall be confidential until the medical cannabis patient center 11 34 is licensed by the department unless otherwise protected from 11 35 disclosure under state or federal law. 12 1 2. As a condition for licensure, a medical cannabis patient 12 2 center must agree to begin supplying medical cannabis to 12 3 patients by July 15, 2018. 12 4 3. The department shall consider the following factors 12 5 in determining whether to license a medical cannabis patient 12 6 center: 12 7 a. The technical expertise of the medical cannabis patient 12 8 center regarding medical cannabis. 12 9 b. The qualifications of the medical cannabis patient 12 10 center's employees. 12 11 c. The long=term financial stability of the medical cannabis 12 12 patient center. 12 13 d. The ability to provide appropriate security measures on 12 14 the premises of the medical cannabis patient center. 12 15 e. The medical cannabis patient center's projection and 12 16 ongoing assessment of fees for the purchase of medical cannabis 12 17 on patients with debilitating medical conditions. 12 18 4. Each entity submitting an application for licensure as 12 19 a medical cannabis patient center shall pay a nonrefundable 12 20 application fee of five thousand dollars to the department. 12 21 Sec. 13. NEW SECTION. 124E.9 Medical cannabis patient 12 22 centers. 12 23 1. a. The medical cannabis patient centers shall be located 12 24 based on geographical need throughout the state to improve 12 25 patient access. 12 26 b. A medical cannabis patient center may dispense medical 12 27 cannabis pursuant to the provisions of this chapter but shall 12 28 not dispense any medical cannabis in a form or quantity other 12 29 than the form or quantity allowed by the department pursuant 12 30 to rule. 12 31 2. The operating documents of a medical cannabis patient 12 32 center shall include all of the following: 12 33 a. Procedures for the oversight of the medical cannabis 12 34 patient center and procedures to ensure accurate record 12 35 keeping. 13 1 b. Procedures for the implementation of appropriate security 13 2 measures to deter and prevent the theft of medical cannabis and 13 3 unauthorized entrance into areas containing medical cannabis. 13 4 3. A medical cannabis patient center shall implement 13 5 security requirements, including requirements for protection 13 6 by a fully operational security alarm system, facility 13 7 access controls, perimeter intrusion detection systems, and a 13 8 personnel identification system. 13 9 4. A medical cannabis patient center shall not share 13 10 office space with, refer patients to, or have any financial 13 11 relationship with a health care practitioner. 13 12 5. A medical cannabis patient center shall not permit any 13 13 person to consume medical cannabis on the property of the 13 14 medical cannabis patient center. 13 15 6. A medical cannabis patient center is subject to 13 16 reasonable inspection by the department. 13 17 7. A medical cannabis patient center shall not employ a 13 18 person who is under eighteen years of age or who has been 13 19 convicted of a disqualifying felony offense. An employee 13 20 of a medical cannabis patient center shall be subject to a 13 21 background investigation conducted by the division of criminal 13 22 investigation of the department of public safety and a national 13 23 criminal history background check. 13 24 8. A medical cannabis patient center shall not operate in 13 25 any location within one thousand feet of a public or private 13 26 school existing before the date of the medical cannabis patient 13 27 center's licensure by the department. 13 28 9. A medical cannabis patient center shall comply with 13 29 reasonable restrictions set by the department relating to 13 30 signage, marketing, display, and advertising of medical 13 31 cannabis. 13 32 10. Prior to dispensing of any medical cannabis, a medical 13 33 cannabis patient center shall do all of the following: 13 34 a. Verify that the medical cannabis patient center has 13 35 received a valid medical cannabis registration card from a 14 1 patient or a patient's primary caregiver, if applicable. 14 2 b. Assign a tracking number to any medical cannabis 14 3 dispensed from the medical cannabis patient center. 14 4 c. (1) Properly package medical cannabis in compliance with 14 5 federal law regarding child resistant packaging and exemptions 14 6 for packaging for elderly patients, and label medical cannabis 14 7 with a list of all active ingredients and individually 14 8 identifying information, including all of the following: 14 9 (a) The name and date of birth of the patient and the 14 10 patient's primary caregiver, if appropriate. 14 11 (b) The medical cannabis registration card numbers of the 14 12 patient and the patient's primary caregiver, if applicable. 14 13 (c) The chemical composition of the medical cannabis. 14 14 (2) Proper packaging of medical cannabis shall include but 14 15 not be limited to all of the following: 14 16 (a) Warning labels regarding the use of medical cannabis by 14 17 a woman during pregnancy and while breastfeeding. 14 18 (b) Clearly labeled packaging indicating that an edible 14 19 medical cannabis product contains medical cannabis and which 14 20 packaging shall not imitate candy products or in any way make 14 21 the product marketable to children. 14 22 11. A medical cannabis patient center shall employ a 14 23 pharmacist licensed pursuant to chapter 155A. 14 24 12. A medical cannabis patient center shall keep a 14 25 reliable and ongoing supply of medical cannabis to treat every 14 26 debilitating medical condition listed in this chapter. 14 27 Sec. 14. NEW SECTION. 124E.10 Department duties ==== rules. 14 28 1. a. The department shall maintain a confidential file of 14 29 the names of each patient to or for whom the department issues 14 30 a medical cannabis registration card, the name of each primary 14 31 caregiver to whom the department issues a medical cannabis 14 32 registration card under section 124E.4, and the names of each 14 33 health care practitioner who provides a written certification 14 34 for medical cannabis pursuant to this chapter. 14 35 b. Individual names contained in the file shall be 15 1 confidential and shall not be subject to disclosure, except as 15 2 provided in subparagraph (1). 15 3 (1) Information in the confidential file maintained 15 4 pursuant to paragraph "a" may be released on an individual basis 15 5 to the following persons under the following circumstances: 15 6 (a) To authorized employees or agents of the department and 15 7 the department of transportation as necessary to perform the 15 8 duties of the department and the department of transportation 15 9 pursuant to this chapter. 15 10 (b) To authorized employees of state or local law 15 11 enforcement agencies, but only for the purpose of verifying 15 12 that a person is lawfully in possession of a medical cannabis 15 13 registration card issued pursuant to this chapter. 15 14 (c) To authorized employees of a medical cannabis patient 15 15 center, but only for the purpose of verifying that a person is 15 16 lawfully in possession of a medical cannabis registration card 15 17 issued pursuant to this chapter. 15 18 (2) Release of information pursuant to subparagraph 15 19 (1) shall be consistent with the federal Health Insurance 15 20 Portability and Accountability Act of 1996, Pub. L. No. 15 21 104=191. 15 22 2. The department shall adopt rules pursuant to chapter 15 23 17A to administer this chapter which shall include but not be 15 24 limited to rules to do all of the following: 15 25 a. Govern the manner in which the department shall consider 15 26 applications for new and renewal medical cannabis registration 15 27 cards. 15 28 b. Identify criteria and set forth procedures for 15 29 including additional chronic or debilitating diseases or 15 30 medical conditions or their medical treatments on the list of 15 31 debilitating medical conditions that qualify for the use of 15 32 medical cannabis. Procedures shall include a petition process 15 33 and shall allow for public comment and public hearings before 15 34 the medical advisory council. 15 35 c. Set forth additional chronic or debilitating diseases 16 1 or medical conditions or associated medical treatments for 16 2 inclusion on the list of debilitating medical conditions that 16 3 qualify for the use of medical cannabis as recommended by the 16 4 medical advisory council. 16 5 d. Establish the form and quantity of medical cannabis 16 6 allowed to be dispensed to a patient or primary caregiver 16 7 pursuant to this chapter. The form and quantity of medical 16 8 cannabis shall be appropriate to serve the medical needs of 16 9 patients with debilitating medical conditions. 16 10 e. Establish requirements for the licensure of medical 16 11 cannabis manufacturers and medical cannabis patient centers and 16 12 set forth procedures for medical cannabis manufacturers and 16 13 medical cannabis patient centers to obtain licenses. 16 14 f. Develop a dispensing system for medical cannabis within 16 15 this state that provides for all of the following: 16 16 (1) Medical cannabis patient centers within this state 16 17 housed on secured grounds and operated by licensed medical 16 18 cannabis patient centers. 16 19 (2) The dispensing of medical cannabis to patients and 16 20 their primary caregivers to occur at locations designated by 16 21 the department. 16 22 g. Specify and implement procedures that address public 16 23 safety including security procedures and product quality 16 24 including measures to ensure contaminant=free cultivation of 16 25 medical cannabis, safety, and labeling. 16 26 h. Establish and implement a real=time, statewide 16 27 medical cannabis registry management sale tracking system 16 28 that is available to medical cannabis patient centers on a 16 29 twenty=four=hour=day, seven=day=a=week basis for the purpose of 16 30 verifying that a person is lawfully in possession of a medical 16 31 cannabis registration card issued pursuant to this chapter 16 32 and for tracking the date of the sale and quantity of medical 16 33 cannabis purchased by a patient or a primary caregiver. 16 34 i. Establish and implement a medical cannabis inventory 16 35 and delivery tracking system to track medical cannabis 17 1 from production by a medical cannabis manufacturer through 17 2 dispensing at a medical cannabis patient center. 17 3 Sec. 15. NEW SECTION. 124E.11 Reciprocity. 17 4 A valid medical cannabis registration card, or its 17 5 equivalent, issued under the laws of another state that allows 17 6 an out=of=state patient to possess or use medical cannabis in 17 7 the jurisdiction of issuance shall have the same force and 17 8 effect as a valid medical cannabis registration card issued 17 9 pursuant to this chapter, except that an out=of=state patient 17 10 in this state shall not obtain medical cannabis from a medical 17 11 cannabis patient center in this state and an out=of=state 17 12 patient shall not smoke medical cannabis. 17 13 Sec. 16. NEW SECTION. 124E.12 Use of medical cannabis ==== 17 14 smoking prohibited. 17 15 A patient shall not consume medical cannabis possessed or 17 16 used as authorized by this chapter by smoking medical cannabis. 17 17 Sec. 17. NEW SECTION. 124E.13 Use of medical cannabis ==== 17 18 affirmative defenses. 17 19 1. A health care practitioner, including any authorized 17 20 agent or employee thereof, shall not be subject to 17 21 prosecution for the unlawful certification, possession, or 17 22 administration of marijuana under the laws of this state for 17 23 activities arising directly out of or directly related to the 17 24 certification or use of medical cannabis in the treatment of 17 25 a patient diagnosed with a debilitating medical condition as 17 26 authorized by this chapter. 17 27 2. A medical cannabis manufacturer, including any 17 28 authorized agent or employee thereof, shall not be subject 17 29 to prosecution for manufacturing, possessing, cultivating, 17 30 harvesting, packaging, processing, transporting, or supplying 17 31 medical cannabis pursuant to this chapter. 17 32 3. A medical cannabis patient center, including any 17 33 authorized agent or employee thereof, shall not be subject to 17 34 prosecution for transporting, supplying, or dispensing medical 17 35 cannabis pursuant to this chapter. 18 1 a. In a prosecution for the unlawful possession of marijuana 18 2 under the laws of this state, including but not limited to 18 3 chapters 124 and 453B, it is an affirmative and complete 18 4 defense to the prosecution that the patient has been diagnosed 18 5 with a debilitating medical condition, used or possessed 18 6 medical cannabis pursuant to a certification by a health care 18 7 practitioner as authorized under this chapter, and, for a 18 8 patient eighteen years of age or older, is in possession of a 18 9 valid medical cannabis registration card. 18 10 b. In a prosecution for the unlawful possession of marijuana 18 11 under the laws of this state, including but not limited to 18 12 chapters 124 and 453B, it is an affirmative and complete 18 13 defense to the prosecution that the person possessed medical 18 14 cannabis because the person is a primary caregiver of a patient 18 15 who has been diagnosed with a debilitating medical condition 18 16 and is in possession of a valid medical cannabis registration 18 17 card, and where the primary caregiver's possession of the 18 18 medical cannabis is on behalf of the patient and for the 18 19 patient's use only as authorized under this chapter. 18 20 c. If a patient or primary caregiver is charged with the 18 21 commission of a crime and is not in possession of the person's 18 22 medical cannabis registration card, any charge or charges filed 18 23 against the person shall be dismissed by the court if the 18 24 person produces to the court prior to or at the person's trial 18 25 a medical cannabis registration card issued to that person and 18 26 valid at the time the person was charged. 18 27 4. An agency of this state or a political subdivision 18 28 thereof, including any law enforcement agency, shall not remove 18 29 or initiate proceedings to remove a patient under the age 18 30 of eighteen from the home of a parent based solely upon the 18 31 parent's or patient's possession or use of medical cannabis as 18 32 authorized under this chapter. 18 33 Sec. 18. NEW SECTION. 124E.14 Fees. 18 34 Medical cannabis registration card fees and medical cannabis 18 35 manufacturer and medical cannabis patient center application 19 1 and annual fees collected by the department pursuant to 19 2 this chapter shall be retained by the department, shall be 19 3 considered repayment receipts as defined in section 8.2, and 19 4 shall be used for the purpose of regulating medical cannabis 19 5 manufacturers and medical cannabis patient centers and for 19 6 other expenses necessary for the administration of this 19 7 chapter. Notwithstanding section 8.33, moneys retained by the 19 8 department that remain unencumbered or unobligated at the end 19 9 of the fiscal year shall not revert to the general fund of the 19 10 state. 19 11 Sec. 19. NEW SECTION. 124E.15 Penalties. 19 12 1. A person who knowingly or intentionally possesses or 19 13 uses medical cannabis in violation of the requirements of this 19 14 chapter is subject to the penalties provided under chapters 124 19 15 and 453B. 19 16 2. A medical cannabis manufacturer or a medical cannabis 19 17 patient center shall be assessed a civil penalty of up to 19 18 one thousand dollars per violation for any violation of this 19 19 chapter in addition to any other applicable penalties. 19 20 Sec. 20. REPEAL. Chapter 124D, Code 2017, is repealed. 19 21 Sec. 21. EMERGENCY RULES. The department may adopt 19 22 emergency rules under section 17A.4, subsection 3, and section 19 23 17A.5, subsection 2, paragraph "b", to implement the provisions 19 24 of this Act and the rules shall be effective immediately upon 19 25 filing unless a later date is specified in the rules. Any 19 26 rules adopted in accordance with this section shall also be 19 27 published as a notice of intended action as provided in section 19 28 17A.4. 19 29 Sec. 22. TRANSITION PROVISIONS. A medical cannabis 19 30 registration card issued under chapter 124D prior to the 19 31 effective date of this Act, remains effective and continues 19 32 in effect as issued for the twelve=month period following 19 33 its issuance. This Act does not preclude the permit holder 19 34 from seeking to renew the permit under this Act prior to the 19 35 expiration of the twelve=month period. 20 1 Sec. 23. EFFECTIVE UPON ENACTMENT. This Act, being deemed 20 2 of immediate importance, takes effect upon enactment. 20 3 EXPLANATION 20 4 The inclusion of this explanation does not constitute agreement with 20 5 the explanation's substance by the members of the general assembly. 20 6 This bill creates the compassionate use of medical cannabis 20 7 Act, reclassifies marijuana, including tetrahydrocannabinols, 20 8 from a schedule I controlled substance to a schedule II 20 9 controlled substance, and provides for civil and criminal 20 10 penalties and fees. 20 11 OVERVIEW. The bill allows a patient with a debilitating 20 12 medical condition who receives a written certification from 20 13 the patient's health care practitioner that the patient has 20 14 a debilitating medical condition and who submits the written 20 15 certification along with an application to the department of 20 16 public health (department) for a medical cannabis registration 20 17 card to allow for the lawful use of medical cannabis to treat 20 18 the patient's debilitating medical condition. A patient who 20 19 is issued a medical cannabis registration card will be able 20 20 to receive medical cannabis directly from a medical cannabis 20 21 patient center operated and licensed in this state. 20 22 RECLASSIFICATION. The bill reclassifies marijuana, 20 23 including tetrahydrocannabinols as a schedule II controlled 20 24 substance instead of a schedule I controlled substance and 20 25 strikes references to the authority of the board of pharmacy to 20 26 adopt rules for the use of marijuana or tetrahydrocannabinols 20 27 for medicinal purposes. 20 28 A schedule I controlled substance is a highly addictive 20 29 substance that has no accepted medical use in the United States 20 30 and a schedule II controlled substance is a highly addictive 20 31 substance that has an accepted medical use in the United 20 32 States. The reclassification of marijuana from a schedule I 20 33 controlled substance to a schedule II controlled substance 20 34 would allow a physician to issue a prescription for marijuana 20 35 under state law. However, federal regulations may prohibit 21 1 such prescriptions. 21 2 The penalties remain unchanged for violations involving 21 3 marijuana under the bill. The penalties under Code section 21 4 124.401 range from a class "B" felony punishable by up to 50 21 5 years of confinement to a serious misdemeanor punishable by 21 6 up to six months of confinement depending on the amount of 21 7 marijuana involved in the offense. 21 8 The bill amends Code section 124.401, relating to prohibited 21 9 acts involving controlled substances, to provide that it is 21 10 lawful for a person to knowingly or intentionally recommend, 21 11 possess, use, dispense, deliver, transport, or administer 21 12 medical cannabis if the recommendation, possession, use, 21 13 dispensing, delivery, transporting, or administering is in 21 14 accordance with the provisions of the bill. 21 15 DEFINITIONS. The bill provides the following definitions: 21 16 "Debilitating medical condition" means cancer, multiple 21 17 sclerosis, epilepsy, AIDS or HIV, Crohn's disease or ulcerative 21 18 colitis, amyotrophic lateral sclerosis, intractable pain, 21 19 glaucoma, any terminal illness with a probable life expectancy 21 20 of under one year, and any other chronic or debilitating 21 21 disease or medical condition or its medical treatment approved 21 22 by the department by rule. 21 23 "Health care practitioner" means an individual licensed 21 24 under Code chapter 148 to practice medicine and surgery or 21 25 osteopathic medicine and surgery or an individual licensed to 21 26 prescribe medicine in any other state who provides specialty 21 27 care to an Iowa resident for one or more debilitating medical 21 28 conditions. 21 29 "Medical cannabis" means any species of the genus cannabis 21 30 plant, or any mixture or preparation of them, including whole 21 31 plant extracts and resins. 21 32 "Medical cannabis manufacturer" means an entity licensed 21 33 by the department to manufacture and to possess, cultivate, 21 34 transport, or supply, medical cannabis pursuant to the bill. 21 35 "Medical cannabis patient center" means an entity licensed 22 1 under the bill that acquires medical cannabis from a medical 22 2 cannabis manufacturer in this state for the purpose of 22 3 dispensing medical cannabis in this state pursuant to the bill. 22 4 "Primary caregiver" means a person, at least 18 years of age, 22 5 who has been designated by a patient's health care practitioner 22 6 or a person having custody of a patient, as a necessary 22 7 caretaker taking responsibility for managing the well=being 22 8 of the patient with respect to the use of medical cannabis 22 9 pursuant to the bill. 22 10 "Written certification" means a document signed by a health 22 11 care practitioner, with whom the patient has established a 22 12 patient=provider relationship, which states that the patient 22 13 has a debilitating medical condition and which identifies that 22 14 condition, and provides any other relevant information. 22 15 HEALTH CARE PRACTITIONER CERTIFICATION. The bill provides 22 16 that prior to a patient's submission of an application 22 17 for a medical cannabis registration card, if a health care 22 18 practitioner determines that the patient whom the health 22 19 care practitioner has examined and treated suffers from a 22 20 debilitating medical condition, the health care practitioner 22 21 may provide the patient with a written certification of that 22 22 diagnosis. The health care practitioner must also provide 22 23 explanatory information to the patient about the therapeutic 22 24 use of medical cannabis, and if the patient continues to 22 25 suffer from a debilitating medical condition, the health care 22 26 practitioner may issue the patient a new certification of that 22 27 diagnosis on an annual basis. 22 28 MEDICAL CANNABIS REGISTRATION CARD ==== PATIENT AND PRIMARY 22 29 CAREGIVER. The department may approve the issuance of a 22 30 medical cannabis registration card to a patient who is at least 22 31 18 years of age and is a permanent resident of this state, who 22 32 submits a written certification by the patient's health care 22 33 practitioner to the department, and who submits an application 22 34 to the department with certain information along with a medical 22 35 registration card fee. The department may also approve the 23 1 issuance of a medical cannabis registration card to a primary 23 2 caregiver who is at least 18 years of age, who submits a 23 3 written certification by the patient's health care practitioner 23 4 to the department on behalf of the patient, and who submits an 23 5 application to the department with certain information along 23 6 with a medical cannabis registration card fee. A medical 23 7 cannabis registration card expires one year after the date of 23 8 issuance and may be renewed. 23 9 MEDICAL ADVISORY COUNCIL. The director of public health is 23 10 directed to establish a medical advisory council, no later than 23 11 August 15, 2017, to consist of nine practitioners representing 23 12 the fields of neurology, pain management, gastroenterology, 23 13 oncology, psychiatry, pediatrics, infectious disease, family 23 14 medicine, and pharmacy. The duties of the council include but 23 15 are not limited to reviewing and recommending to the department 23 16 for approval additional chronic or debilitating diseases or 23 17 medical conditions or their treatments as debilitating medical 23 18 conditions that qualify for the use of medical cannabis under 23 19 the bill. 23 20 MEDICAL CANNABIS MANUFACTURERS AND MEDICAL CANNABIS PATIENT 23 21 CENTERS == LICENSURE. The bill requires the department to 23 22 license up to two medical cannabis manufacturers for the 23 23 manufacture of medical cannabis within this state by December 23 24 1, 2017, and to license up to four medical cannabis patient 23 25 centers by April 1, 2018. Information submitted during the 23 26 application process is confidential until the medical cannabis 23 27 manufacturer or the medical cannabis patient center is licensed 23 28 by the department unless otherwise protected from disclosure 23 29 under state or federal law. As a condition for licensure, a 23 30 medical cannabis manufacturer must agree to begin supplying 23 31 medical cannabis to medical cannabis patient centers by July 23 32 1, 2018, and a medical cannabis patient center must agree to 23 33 begin supplying medical cannabis to patients by July 15, 2018. 23 34 The department is directed to consider several factors in 23 35 determining whether to license a medical cannabis manufacturer 24 1 and a medical cannabis patient center including technical 24 2 expertise, employee qualifications, financial stability, 24 3 security measures, and production needs and capacity. Each 24 4 medical cannabis manufacturer is required to contract with the 24 5 state hygienic laboratory at the university of Iowa to test the 24 6 medical cannabis produced by the manufacturer and to report 24 7 testing results to the medical cannabis manufacturer. Each 24 8 entity submitting an application for licensure as a medical 24 9 cannabis manufacturer shall pay a nonrefundable application 24 10 fee of $7,500 to the department and each entity submitting an 24 11 application for licensure as a medical cannabis patient center 24 12 shall pay a nonrefundable application fee of $5,000 to the 24 13 department. 24 14 MEDICAL CANNABIS MANUFACTURERS AND MEDICAL CANNABIS PATIENT 24 15 CENTERS == ADDITIONAL PROVISIONS. The operating documents of a 24 16 medical cannabis manufacturer and a medical cannabis patient 24 17 center shall include procedures for oversight and recordkeeping 24 18 activities of the medical cannabis manufacturer and the 24 19 medical cannabis patient center and certain security measures 24 20 undertaken by the medical cannabis manufacturer and the medical 24 21 cannabis patient center. A medical cannabis manufacturer and 24 22 a medical cannabis patient center are prohibited from sharing 24 23 office space with, referring patients to, or having a financial 24 24 relationship with a health care practitioner, permitting any 24 25 person to consume medical cannabis on the property of the 24 26 medical cannabis manufacturer or the medical cannabis patient 24 27 center, employing a person who is under 18 years of age or 24 28 who has been convicted of a disqualifying felony offense, and 24 29 from operating in any location within 1,000 feet of a public 24 30 or private school existing before the date of the licensure 24 31 of the medical cannabis manufacturer or the medical cannabis 24 32 patient center. In addition, a medical cannabis manufacturer 24 33 and a medical cannabis patient center are subject to reasonable 24 34 inspection and certain reasonable restrictions. 24 35 A medical cannabis manufacturer is required to provide a 25 1 reliable and ongoing supply of medical cannabis to medical 25 2 cannabis patient centers and shall not manufacture edible 25 3 medical cannabis products utilizing food coloring. All 25 4 manufacturing, cultivating, harvesting, packaging, and 25 5 processing of medical cannabis is required to take place in an 25 6 enclosed, locked facility. 25 7 Prior to dispensing any medical cannabis, a medical 25 8 cannabis patient center is required to verify that the medical 25 9 cannabis patient center has received a valid medical cannabis 25 10 registration card from a patient or a patient's primary 25 11 caregiver, if applicable, assign a tracking number to any 25 12 medical cannabis dispensed from the medical cannabis patient 25 13 center, and properly package and label medical cannabis in 25 14 compliance with the provisions of the bill and certain federal 25 15 laws. A medical cannabis patient center is required to employ 25 16 an Iowa licensed pharmacist. 25 17 DEPARTMENT DUTIES == CONFIDENTIALITY. The department 25 18 is required to maintain a confidential file of the names 25 19 of each patient and primary caregiver issued a medical 25 20 cannabis registration card, and the names of each health 25 21 care practitioner who provides a written certification for 25 22 medical cannabis under the bill. Individual names contained 25 23 in the file shall be confidential and shall not be subject to 25 24 disclosure, except that information in the confidential file 25 25 may be released on an individual basis to authorized employees 25 26 or agents of the department, the department of transportation, 25 27 and a medical cannabis patient center as necessary to perform 25 28 their duties and to authorized employees of state or local law 25 29 enforcement agencies for the purpose of verifying that a person 25 30 is lawfully in possession of a medical cannabis registration 25 31 card. Release of information must also be consistent with 25 32 federal Health Insurance Portability and Accountability Act 25 33 regulations. 25 34 ADDITIONAL DEPARTMENT DUTIES ==== RULES. The bill requires 25 35 the department to adopt rules relating to the manner in which 26 1 the department shall consider applications for new and renewal 26 2 medical cannabis registration cards, identify criteria and 26 3 set forth procedures for including additional chronic or 26 4 debilitating diseases or medical conditions or their medical 26 5 treatments on the list of debilitating medical conditions, 26 6 establish the form and quantity of medical cannabis allowed to 26 7 be dispensed to a patient or primary caregiver in the form and 26 8 quantity appropriate to serve the medical needs of the patient 26 9 with the debilitating medical condition, establish requirements 26 10 for the licensure of medical cannabis manufacturers and 26 11 medical cannabis patient centers, develop a dispensing system 26 12 for medical cannabis within this state that follows certain 26 13 requirements, establish and implement a real=time, statewide 26 14 medical cannabis registry management sale tracking system and a 26 15 medical cannabis inventory and delivery tracking system, and 26 16 specify and implement procedures that address public safety 26 17 including security procedures and product quality, safety, and 26 18 labeling. 26 19 RECIPROCITY. The bill provides that a valid medical 26 20 cannabis registration card, or its equivalent, issued under 26 21 the laws of another state that allows an out=of=state patient 26 22 to possess or use medical cannabis in the jurisdiction of 26 23 issuance shall have the same force and effect as a valid 26 24 medical cannabis card issued under the bill, except that an 26 25 out=of=state patient in this state shall not obtain medical 26 26 cannabis from a medical cannabis patient center and an 26 27 out=of=state patient shall not smoke medical cannabis in this 26 28 state. 26 29 USE OF MEDICAL CANNABIS ==== SMOKING PROHIBITED. The bill 26 30 provides that a patient shall not consume the medical cannabis 26 31 by smoking the medical cannabis. 26 32 USE OF MEDICAL CANNABIS ==== AFFIRMATIVE DEFENSES. The bill 26 33 provides prosecution immunity for a health care practitioner, a 26 34 medical cannabis manufacturer, and a medical cannabis patient 26 35 center, including any authorized agents or employees of the 27 1 health care practitioner, medical cannabis manufacturer, and 27 2 medical cannabis patient center, for activities undertaken by 27 3 the health care practitioner, medical cannabis manufacturer, 27 4 and medical cannabis patient center pursuant to the provisions 27 5 of the bill. 27 6 The bill provides that in a prosecution for the unlawful 27 7 possession of marijuana under the laws of this state, 27 8 including but not limited to Code chapters 124 (controlled 27 9 substances) and 453B (excise tax on unlawful dealing in 27 10 certain substances), it is an affirmative and complete 27 11 defense to the prosecution that the patient has been diagnosed 27 12 with a debilitating medical condition, used or possessed 27 13 medical cannabis pursuant to a certification by a health 27 14 care practitioner, and, for a patient age 18 or older, is 27 15 in possession of a valid medical cannabis registration 27 16 card. The bill provides a similar affirmative defense for a 27 17 primary caretaker of a patient who has been diagnosed with a 27 18 debilitating medical condition who is in possession of a valid 27 19 medical cannabis registration card. 27 20 The bill provides that an agency of this state or a political 27 21 subdivision thereof, including any law enforcement agency, 27 22 shall not remove or initiate proceedings to remove a patient 27 23 under the age of 18 from the home of a parent based solely upon 27 24 the parent's or patient's possession or use of medical cannabis 27 25 as authorized under the bill. 27 26 FEES. Medical cannabis registration card fees and medical 27 27 cannabis manufacturer and medical cannabis application and 27 28 annual fees shall be retained by the department and used for 27 29 the purposes of regulating medical cannabis manufacturers and 27 30 medical cannabis patient centers and for other administrative 27 31 purposes. 27 32 PENALTIES. The bill provides that a person who knowingly or 27 33 intentionally possesses or uses medical cannabis in violation 27 34 of the requirements of the bill is subject to the penalties 27 35 provided under Code chapters 124 and 453B. In addition, a 28 1 medical cannabis manufacturer or a medical cannabis patient 28 2 center shall be assessed a civil penalty of up to $1,000 per 28 3 violation for any violation of the bill in addition to any 28 4 other applicable penalties. 28 5 REPEAL. The bill repeals Code chapter 124D, the medical 28 6 cannabidiol Act. 28 7 EMERGENCY RULES. The bill provides that the department 28 8 may adopt emergency rules and the rules shall be effective 28 9 immediately upon filing unless a later date is specified in the 28 10 rules. 28 11 EFFECTIVE DATE. The bill takes effect upon enactment. 28 12 TRANSITION PROVISIONS. The bill provides that a medical 28 13 cannabis registration card issued under Code chapter 124D 28 14 (medical cannabidiol Act) prior to the effective date of the 28 15 bill, shall remain effective and continues in effect as issued 28 16 for the 12=month period following its issuance. LSB 1756YH (10) 87 rh/rj
