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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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