Bill Text: IA HF2097 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the medical use of cannabidiol for certain debilitating medical conditions and making penalties applicable.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-26 - Introduced, referred to Public Safety. H.J. 118. [HF2097 Detail]

Download: Iowa-2015-HF2097-Introduced.html

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House File 2097 - Introduced




                                 HOUSE FILE       
                                 BY  GASSMAN, SHEETS,
                                     JORGENSEN, McCONKEY,
                                     OURTH, and WOLFE

                                      A BILL FOR

  1 An Act relating to the medical use of cannabidiol for certain
  2    debilitating medical conditions and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 124D.2, Code 2016, is amended by striking
  1  2 the section and inserting in lieu thereof the following:
  1  3    124D.2  Definitions.
  1  4    As used in this chapter:
  1  5    1.  "Cannabidiol" means a nonpsychoactive cannabinoid found
  1  6 in the plant Cannabis sativa L. or Cannabis indica or any
  1  7 other preparation thereof that is essentially free from plant
  1  8 material, and has a tetrahydrocannabinol level of no more than
  1  9 three percent.
  1 10    2.  "Debilitating medical condition" means all of the
  1 11 following:
  1 12    a.  Crohn's disease.
  1 13    b.  Epilepsy.
  1 14    c.  Ulcerative colitis.
  1 15    3.  "Department" means the department of public health.
  1 16    4.  "Physician" means an individual licensed under the
  1 17 provisions of chapter 148 to practice medicine and surgery or
  1 18 osteopathic medicine and surgery.
  1 19    5.  "Primary caregiver" means a person, at least eighteen
  1 20 years of age, who has been designated by a patient's physician
  1 21 or by a person having custody of a patient, as being necessary
  1 22 to take responsibility for managing the well=being of the
  1 23 patient with respect to the medical use of cannabidiol pursuant
  1 24 to the provisions of this chapter.
  1 25    Sec. 2.  Section 124D.3, Code 2016, is amended to read as
  1 26 follows:
  1 27    124D.3  Neurologist Physician recommendation == medical use
  1 28 of cannabidiol.
  1 29    A neurologist physician who has examined and treated a
  1 30 patient suffering from intractable epilepsy a debilitating
  1 31 medical condition may provide but has no duty to provide
  1 32 a written recommendation for the patient's medical use of
  1 33 cannabidiol to treat or alleviate symptoms of intractable
  1 34 epilepsy the debilitating medical condition if no other
  1 35 satisfactory alternative treatment options exist for the
  2  1 patient and all of the following conditions apply:
  2  2    1.  The patient is a permanent resident of this state.
  2  3    2.  A neurologist The physician has treated the patient for
  2  4 intractable epilepsy the debilitating medical condition for
  2  5 at least six months. For purposes of this treatment period,
  2  6 and notwithstanding section 124D.2, subsection 4, treatment
  2  7 provided by a neurologist the physician may include treatment
  2  8 by an out=of=state licensed neurologist physician in good
  2  9 standing.
  2 10    3.  The neurologist physician has tried alternative
  2 11 treatment options that have not alleviated the patient's
  2 12 symptoms.
  2 13    4.  The neurologist physician determines the risks of
  2 14 recommending the medical use of cannabidiol are reasonable in
  2 15 light of the potential benefit for the patient.
  2 16    5.  The neurologist physician maintains a patient treatment
  2 17 plan.
  2 18    Sec. 3.  Section 124D.4, subsection 1, paragraph c, Code
  2 19 2016, is amended to read as follows:
  2 20    c.  Requests the patient's neurologist physician to submit
  2 21 a written recommendation to the department signed by the
  2 22 neurologist physician that the patient may benefit from the
  2 23 medical use of cannabidiol pursuant to section 124D.3.
  2 24    Sec. 4.  Section 124D.4, subsection 1, paragraph d,
  2 25 subparagraph (3), Code 2016, is amended to read as follows:
  2 26    (3)  Full name, address, and telephone number of the
  2 27 patient's neurologist physician.
  2 28    Sec. 5.  Section 124D.4, subsection 3, paragraph b, Code
  2 29 2016, is amended to read as follows:
  2 30    b.  Requests a patient's neurologist physician to submit
  2 31 a written recommendation to the department signed by the
  2 32 neurologist physician that a patient in the primary caregiver's
  2 33 care may benefit from the medical use of cannabidiol pursuant
  2 34 to section 124D.3.
  2 35    Sec. 6.  Section 124D.4, subsection 3, paragraph c,
  3  1 subparagraph (4), Code 2016, is amended to read as follows:
  3  2    (4)  Full name, address, and telephone number of the
  3  3 patient's neurologist physician.
  3  4    Sec. 7.  Section 124D.6, subsections 1, 2, and 3, Code 2016,
  3  5 are amended to read as follows:
  3  6    1.  a.  A recommendation for the possession or use of
  3  7 cannabidiol as authorized by this chapter shall be provided
  3  8 exclusively by a neurologist physician for a patient who has
  3  9 been diagnosed with intractable epilepsy a debilitating medical
  3 10 condition.
  3 11    b.  Cannabidiol provided exclusively pursuant to the
  3 12 recommendation of a neurologist physician shall be obtained
  3 13 from an out=of=state source and shall only be recommended for
  3 14 oral or transdermal administration.
  3 15    c.  A neurologist physician shall be the sole authorized
  3 16 recommender as part of the treatment plan by the neurologist
  3 17  physician of a patient diagnosed with intractable epilepsy
  3 18  a debilitating medical condition. A neurologist physician
  3 19  shall have the sole authority to recommend the use or amount
  3 20 of cannabidiol, if any, in the treatment plan of a patient
  3 21 diagnosed with intractable epilepsy a debilitating medical
  3 22 condition.
  3 23    2.  A neurologist physician, including any authorized agent
  3 24 thereof, shall not be subject to prosecution for the unlawful
  3 25 recommendation, possession, or administration of marijuana
  3 26 under the laws of this state for activities arising directly
  3 27 out of or directly related to the recommendation or use of
  3 28 cannabidiol in the treatment of a patient diagnosed with
  3 29 intractable epilepsy a debilitating medical condition.
  3 30    3.  a.  In a prosecution for the unlawful possession of
  3 31 marijuana under the laws of this state, including but not
  3 32 limited to chapters 124 and 453B, it is an affirmative and
  3 33 complete defense to the prosecution that the patient has
  3 34 been diagnosed with intractable epilepsy a debilitating
  3 35 medical condition, used or possessed cannabidiol pursuant to
  4  1 a recommendation by a neurologist physician as authorized
  4  2 under this chapter, and, for a patient eighteen years of age
  4  3 or older, is in possession of a valid cannabidiol registration
  4  4 card.
  4  5    b.  In a prosecution for the unlawful possession of
  4  6 marijuana under the laws of this state, including but not
  4  7 limited to chapters 124 and 453B, it is an affirmative and
  4  8 complete defense to the prosecution that the person possessed
  4  9 cannabidiol because the person is a primary caregiver of a
  4 10 patient who has been diagnosed with intractable epilepsy a
  4 11 debilitating medical condition and is in possession of a
  4 12 valid cannabidiol registration card, and where the primary
  4 13 caregiver's possession of the cannabidiol is on behalf of the
  4 14 patient and for the patient's use only as authorized under this
  4 15 chapter.
  4 16    c.  (1)  The defenses afforded a patient under paragraph
  4 17 "a" apply to a patient only if the quantity of cannabidiol oil
  4 18 possessed by the patient does not exceed thirty=two ounces.
  4 19    (2)  The defenses afforded a primary caregiver under
  4 20 paragraph "b" apply to a primary caregiver only if the quantity
  4 21 of cannabidiol oil possessed by the primary caregiver does not
  4 22 exceed thirty=two ounces per patient.
  4 23    d.  If a patient or primary caregiver is charged with
  4 24 the commission of a crime and is not in possession of the
  4 25 person's cannabidiol registration card, any charge or charges
  4 26 filed against the person shall be dismissed by the court if
  4 27 the person produces to the court at the person's trial a
  4 28 cannabidiol registration card issued to that person and valid
  4 29 at the time the person was charged.
  4 30                           EXPLANATION
  4 31 The inclusion of this explanation does not constitute agreement with
  4 32 the explanation's substance by the members of the general assembly.
  4 33    This bill relates to the medical use of cannabidiol for
  4 34 certain debilitating medical conditions and makes penalties
  4 35 applicable.
  5  1 Under current law in Code chapter 124D (Iowa's medical
  5  2 cannabidiol Act), a neurologist who has examined and treated
  5  3 a person suffering from intractable epilepsy may provide, but
  5  4 does not have a duty to provide, a written recommendation for
  5  5 the patient's medical use of cannabidiol to treat or alleviate
  5  6 the symptoms of the person's intractable epilepsy.  The Code
  5  7 chapter includes additional provisions relating to patients and
  5  8 primary caregivers including cannabidiol registration cards,
  5  9 confidentiality, and affirmative defenses and penalties.
  5 10    This bill amends current law to provide that a licensed
  5 11 physician who has examined and treated a patient suffering
  5 12 from a debilitating medical condition (defined as Crohn's
  5 13 disease, epilepsy, or ulcerative colitis) may provide, but does
  5 14 not have a duty to provide, a written recommendation for the
  5 15 patient's medical use of cannabidiol to treat or alleviate the
  5 16 symptoms of the person's debilitating medical condition.  The
  5 17 bill defines a "physician" as an individual licensed under the
  5 18 provisions of Code chapter 148 to practice medicine and surgery
  5 19 or osteopathic medicine and surgery; however, for purposes of
  5 20 the treatment period, treatment provided by a physician may
  5 21 include treatment by an out=of=state licensed physician in good
  5 22 standing.
  5 23    A person who knowingly or intentionally possesses or uses
  5 24 cannabidiol in violation of the Code chapter is subject to the
  5 25 penalties of Code chapters 124 (Controlled Substances Act) and
  5 26 453B (Excise Tax on Unlawful Dealing in Certain Substances).
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