Bill Text: IA HF2363 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the medical cannabidiol Act.
Spectrum: Partisan Bill (Democrat 34-0)
Status: (Introduced - Dead) 2022-02-10 - Introduced, referred to Public Safety. H.J. 237. [HF2363 Detail]
Download: Iowa-2021-HF2363-Introduced.html
House
File
2363
-
Introduced
HOUSE
FILE
2363
BY
KRESSIG
,
FORBES
,
BROWN-POWERS
,
WILLIAMS
,
CAHILL
,
McCONKEY
,
COHOON
,
GAINES
,
ANDERSON
,
HUNTER
,
WILBURN
,
THEDE
,
STECKMAN
,
JAMES
,
WINCKLER
,
MASCHER
,
DONAHUE
,
BENNETT
,
WOLFE
,
KURTH
,
WESSEL-KROESCHELL
,
SUNDE
,
OLSON
,
GJERDE
,
RUNNING-MARQUARDT
,
HANSEN
,
ABDUL-SAMAD
,
HALL
,
NIELSEN
,
OLDSON
,
JACOBY
,
STAED
,
KONFRST
,
and
EHLERT
A
BILL
FOR
An
Act
relating
to
the
medical
cannabidiol
Act.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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DIVISION
I
1
MEDICAL
CANNABIDIOL
PROGRAM
2
Section
1.
Section
124E.1,
Code
2022,
is
amended
to
read
as
3
follows:
4
124E.1
Short
title.
5
This
chapter
shall
be
known
and
may
be
cited
as
the
“Medical
6
Cannabidiol
Cannabis
Act”
.
7
Sec.
2.
Section
124E.2,
subsection
2,
Code
2022,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
l.
Any
other
medical
condition
for
which
10
the
patient’s
health
care
practitioner
determines
the
use
of
11
medical
cannabis
could
be
medically
beneficial.
12
Sec.
3.
Section
124E.2,
subsection
7,
Code
2022,
is
amended
13
to
read
as
follows:
14
7.
“Health
care
practitioner”
means
an
individual
licensed
15
under
chapter
148
to
practice
medicine
and
surgery
or
16
osteopathic
medicine
and
surgery,
a
physician
assistant
17
licensed
under
chapter
148C
,
an
advanced
registered
nurse
18
practitioner
licensed
under
chapter
152
,
or
an
advanced
19
practice
registered
nurse
under
chapter
152E
,
who
is
a
20
patient’s
primary
care
provider
,
or
a
podiatrist
licensed
21
pursuant
to
chapter
149
,
or
a
pharmacist
licensed
pursuant
22
to
chapter
155A
who
has
completed
medical
cannabis
training
23
requirements
imposed
by
the
board
of
pharmacy
.
24
Sec.
4.
Section
124E.3,
subsection
1,
paragraph
a,
Code
25
2022,
is
amended
to
read
as
follows:
26
a.
(1)
Determine,
in
the
health
care
practitioner’s
medical
27
judgment,
whether
the
patient
whom
the
health
care
practitioner
28
has
examined
and
treated
suffers
from
a
debilitating
medical
29
condition
that
qualifies
for
the
use
of
medical
cannabidiol
30
cannabis
under
this
chapter
,
and
if
so
determined,
provide
the
31
patient
with
a
written
certification
of
that
diagnosis.
32
(2)
If
a
health
care
practitioner
determines
that
the
33
patient
whom
the
health
care
practitioner
has
examined
and
34
treated
suffers
from
a
debilitating
medical
condition
pursuant
35
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to
section
124E.2,
subsection
2,
paragraph
“l”
,
that
qualifies
1
for
the
use
of
medical
cannabis
under
this
chapter,
the
health
2
care
practitioner’s
written
certification
shall
be
based
on
3
reasonable
medical
evidence,
and
shall
be
made
in
good
faith,
4
in
the
best
interest
of
the
patient,
without
fraudulent
intent,
5
and
with
the
same
reasonable
medical
judgment
and
prudence
6
exercised
according
to
generally
accepted
medical
practice.
7
Sec.
5.
Section
124E.4,
subsection
1,
paragraph
e,
Code
8
2022,
is
amended
to
read
as
follows:
9
e.
Submits
a
medical
cannabidiol
cannabis
registration
10
card
fee
of
one
hundred
ten
dollars
to
the
department.
If
11
the
patient
attests
to
receiving
social
security
disability
12
benefits,
supplemental
security
insurance
payments,
or
being
13
enrolled
in
the
medical
assistance
program,
the
fee
shall
be
14
twenty-five
dollars
submits
documentation
that
the
patient
is
a
15
veteran
as
defined
in
section
35.1,
the
department
shall
waive
16
the
fee
.
17
Sec.
6.
Section
124E.4,
subsection
3,
paragraph
c,
Code
18
2022,
is
amended
to
read
as
follows:
19
c.
Submits
a
medical
cannabidiol
cannabis
registration
card
20
fee
of
twenty-five
ten
dollars
to
the
department.
21
Sec.
7.
Section
124E.5,
subsection
1,
paragraphs
a
and
b,
22
Code
2022,
are
amended
to
read
as
follows:
23
a.
A
medical
cannabidiol
cannabis
board
is
created
24
consisting
of
eight
ten
practitioners
representing
the
fields
25
of
neurology,
pain
management,
gastroenterology,
oncology,
26
psychiatry,
pediatrics,
family
medicine,
physician
assistance,
27
advanced
practice
registered
nursing,
and
pharmacy,
and
one
28
representative
from
law
enforcement.
29
b.
The
practitioners
shall
be
licensed
in
this
state
and
30
nationally
board-certified
in
their
area
of
specialty
and
31
knowledgeable
about
the
use
of
medical
cannabidiol
cannabis
.
32
Sec.
8.
Section
124E.7,
subsection
12,
paragraph
c,
Code
33
2022,
is
amended
to
read
as
follows:
34
c.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
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may
manufacture
edible
medical
cannabidiol
cannabis
products.
1
However,
an
edible
medical
cannabis
product
shall
not
appear
2
in
a
form
or
be
sold
in
packaging
that
would
be
likely
to
3
appeal
to
children.
The
department
shall
adopt
rules
for
the
4
implementation
of
this
paragraph.
5
Sec.
9.
Section
124E.9,
subsection
14,
Code
2022,
is
amended
6
to
read
as
follows:
7
14.
A
medical
cannabidiol
cannabis
dispensary
shall
not
8
dispense
more
than
a
combined
total
of
four
and
one-half
9
seventeen
grams
of
total
tetrahydrocannabinol
to
a
patient
and
10
the
patient’s
primary
caregiver
in
a
ninety-day
period,
except
11
as
provided
in
subsection
15
.
12
Sec.
10.
Section
124E.9,
subsection
15,
unnumbered
13
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
14
A
medical
cannabidiol
cannabis
dispensary
may
dispense
15
more
than
a
combined
total
of
four
and
one-half
seventeen
16
grams
of
total
tetrahydrocannabinol
to
a
patient
and
the
17
patient’s
primary
caregiver
in
a
ninety-day
period
if
any
of
18
the
following
apply:
19
Sec.
11.
Section
124E.9,
subsection
15,
paragraph
b,
Code
20
2022,
is
amended
to
read
as
follows:
21
b.
The
health
care
practitioner
who
certified
the
patient
22
to
receive
a
medical
cannabidiol
cannabis
registration
23
card
certifies
that
the
patient
has
participated
in
the
24
medical
cannabidiol
cannabis
program
and
that
the
health
25
care
practitioner
has
determined
that
four
and
one-half
26
seventeen
grams
of
total
tetrahydrocannabinol
in
a
ninety-day
27
period
is
insufficient
to
treat
the
patient’s
debilitating
28
medical
condition.
A
certification
issued
pursuant
to
this
29
paragraph
shall
include
a
total
tetrahydrocannabinol
cap
deemed
30
appropriate
by
the
patient’s
health
care
practitioner.
31
Sec.
12.
Section
124E.9,
Code
2022,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
16.
A
medical
cannabis
dispensary
may
send
34
medical
cannabis
to
a
patient
or
a
patient’s
primary
caregiver
35
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following
an
initial
telehealth
consultation
with
the
patient
1
and
receipt
of
proof
that
the
patient
or
patient’s
primary
2
caregiver
possesses
a
valid
medical
cannabis
registration
card.
3
The
department
shall
adopt
rules
for
the
implementation
of
this
4
subsection.
5
Sec.
13.
NEW
SECTION
.
155A.49
Medical
cannabis
——
6
recommendation.
7
The
board
shall
adopt
rules
establishing
the
requirements
a
8
pharmacist
must
meet
prior
to
recommending
the
use
of
medical
9
cannabis
by
a
patient
pursuant
to
chapter
124E.
10
Sec.
14.
Section
423.3,
subsection
60,
paragraph
a,
11
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
12
follows:
13
“Drug”
means
a
compound,
substance,
or
preparation,
and
any
14
component
of
a
compound,
substance,
or
preparation,
including
15
medical
cannabis
as
defined
in
section
124E.2,
other
than
16
food
and
food
ingredients,
dietary
supplements,
or
alcoholic
17
beverages,
which
is
any
of
the
following:
18
DIVISION
II
19
MEDICAL
CANNABIDIOL
PROGRAM
NAME
CHANGE
——
CONFORMING
CODE
20
CHANGES
21
Sec.
15.
Section
124.401,
subsection
5,
unnumbered
22
paragraph
3,
Code
2022,
is
amended
to
read
as
follows:
23
A
person
may
knowingly
or
intentionally
recommend,
possess,
24
use,
dispense,
deliver,
transport,
or
administer
cannabidiol
25
medical
cannabis
if
the
recommendation,
possession,
use,
26
dispensing,
delivery,
transporting,
or
administering
is
in
27
accordance
with
the
provisions
of
chapter
124E
.
For
purposes
28
of
this
paragraph,
“cannabidiol”
“medical
cannabis”
means
the
29
same
as
defined
in
section
124E.2
.
30
Sec.
16.
Section
124E.2,
subsections
8,
9,
10,
and
11,
Code
31
2022,
are
amended
to
read
as
follows:
32
8.
“Laboratory”
means
the
state
hygienic
laboratory
at
33
the
university
of
Iowa
in
Iowa
City
or
any
other
independent
34
medical
cannabidiol
cannabis
testing
facility
accredited
35
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to
standard
ISO/IEC
17025
by
an
international
organization
1
for
standards-approved
accrediting
body,
with
a
controlled
2
substance
registration
certificate
from
the
United
States
drug
3
enforcement
administration
and
a
certificate
of
registration
4
from
the
board
of
pharmacy.
For
the
purposes
of
this
chapter
,
5
an
independent
laboratory
is
a
laboratory
operated
by
an
entity
6
that
has
no
equity
ownership
in
a
medical
cannabidiol
cannabis
7
manufacturer.
8
9.
“Marijuana”
means
any
derivative
of
marijuana
including
9
but
not
limited
to
medical
cannabidiol
cannabis
.
10
10.
“Medical
cannabidiol
cannabis
”
means
any
pharmaceutical
11
grade
cannabinoid
found
in
the
plant
Cannabis
sativa
L.
or
12
Cannabis
indica
or
any
other
preparation
thereof
that
is
13
delivered
in
a
form
recommended
by
the
medical
cannabidiol
14
cannabis
board,
approved
by
the
board
of
medicine,
and
adopted
15
by
the
department
pursuant
to
rule.
16
11.
“Primary
caregiver”
means
a
person
who
is
a
resident
of
17
this
state
or
a
bordering
state
as
defined
in
section
331.910
,
18
including
but
not
limited
to
a
parent
or
legal
guardian,
at
19
least
eighteen
years
of
age,
who
has
been
designated
by
a
20
patient’s
health
care
practitioner
as
a
necessary
caretaker
21
taking
responsibility
for
managing
the
well-being
of
the
22
patient
with
respect
to
the
use
of
medical
cannabidiol
cannabis
23
pursuant
to
the
provisions
of
this
chapter
.
24
Sec.
17.
Section
124E.3,
subsection
1,
unnumbered
paragraph
25
1,
Code
2022,
is
amended
to
read
as
follows:
26
Prior
to
a
patient’s
submission
of
an
application
for
a
27
medical
cannabidiol
cannabis
registration
card
pursuant
to
28
section
124E.4
,
a
health
care
practitioner
shall
do
all
of
the
29
following:
30
Sec.
18.
Section
124E.3,
subsection
1,
paragraph
b,
Code
31
2022,
is
amended
to
read
as
follows:
32
b.
Provide
explanatory
information
as
provided
by
the
33
department
to
the
patient
about
the
therapeutic
use
of
medical
34
cannabidiol
cannabis
and
the
possible
risks,
benefits,
and
side
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effects
of
the
proposed
treatment.
1
Sec.
19.
Section
124E.4,
subsection
1,
unnumbered
paragraph
2
1,
Code
2022,
is
amended
to
read
as
follows:
3
Subject
to
subsection
6
,
the
department
may
issue
a
medical
4
cannabidiol
cannabis
registration
card
to
a
patient
who:
5
Sec.
20.
Section
124E.4,
subsection
2,
unnumbered
paragraph
6
1,
Code
2022,
is
amended
to
read
as
follows:
7
A
medical
cannabidiol
cannabis
registration
card
issued
to
8
a
patient
by
the
department
pursuant
to
subsection
1
shall
9
contain,
at
a
minimum,
all
of
the
following:
10
Sec.
21.
Section
124E.4,
subsection
2,
paragraph
b,
Code
11
2022,
is
amended
to
read
as
follows:
12
b.
The
date
of
issuance
and
expiration
date
of
the
medical
13
cannabidiol
cannabis
registration
card.
14
Sec.
22.
Section
124E.4,
subsection
3,
unnumbered
paragraph
15
1,
Code
2022,
is
amended
to
read
as
follows:
16
For
a
patient
in
a
primary
caregiver’s
care,
subject
to
17
subsection
6
,
the
department
may
issue
a
medical
cannabidiol
18
cannabis
registration
card
to
the
primary
caregiver
who:
19
Sec.
23.
Section
124E.4,
subsection
4,
unnumbered
paragraph
20
1,
Code
2022,
is
amended
to
read
as
follows:
21
A
medical
cannabidiol
cannabis
registration
card
issued
by
22
the
department
to
a
primary
caregiver
pursuant
to
subsection
3
23
shall
contain,
at
a
minimum,
all
of
the
following:
24
Sec.
24.
Section
124E.4,
subsection
4,
paragraph
c,
Code
25
2022,
is
amended
to
read
as
follows:
26
c.
The
medical
cannabidiol
cannabis
registration
card
27
number
of
each
patient
in
the
primary
caregiver’s
care.
If
28
the
patient
in
the
primary
caregiver’s
care
is
under
the
age
29
of
eighteen,
the
full
name
of
the
patient’s
parent
or
legal
30
guardian.
31
Sec.
25.
Section
124E.4,
subsections
5
and
6,
Code
2022,
are
32
amended
to
read
as
follows:
33
5.
Expiration
date
of
card.
A
medical
cannabidiol
cannabis
34
registration
card
issued
pursuant
to
this
section
shall
expire
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one
year
after
the
date
of
issuance
and
may
be
renewed.
1
6.
Federally
approved
clinical
trials.
The
department
shall
2
not
approve
the
issuance
of
a
medical
cannabidiol
cannabis
3
registration
card
pursuant
to
this
section
for
a
patient
who
4
is
enrolled
in
a
federally
approved
clinical
trial
for
the
5
treatment
of
a
debilitating
medical
condition
with
medical
6
cannabidiol
cannabis
.
7
Sec.
26.
Section
124E.5,
subsections
2,
3,
4,
5,
and
6,
Code
8
2022,
are
amended
to
read
as
follows:
9
2.
The
medical
cannabidiol
cannabis
board
shall
convene
at
10
least
twice
per
year.
11
3.
The
duties
of
the
medical
cannabidiol
cannabis
board
12
shall
include
but
not
be
limited
to
the
following:
13
a.
Accepting
and
reviewing
petitions
to
add
medical
14
conditions,
medical
treatments,
or
debilitating
diseases
to
the
15
list
of
debilitating
medical
conditions
for
which
the
medical
16
use
of
cannabidiol
cannabis
would
be
medically
beneficial
under
17
this
chapter
.
18
b.
Making
recommendations
relating
to
the
removal
or
19
addition
of
debilitating
medical
conditions
to
the
list
20
of
allowable
debilitating
medical
conditions
for
which
the
21
medical
use
of
cannabidiol
cannabis
under
this
chapter
would
22
be
medically
beneficial.
23
c.
Working
with
the
department
regarding
the
requirements
24
for
the
licensure
of
medical
cannabidiol
cannabis
manufacturers
25
and
medical
cannabidiol
cannabis
dispensaries,
including
26
licensure
procedures.
27
d.
Advising
the
department
regarding
the
location
of
medical
28
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
29
cannabis
dispensaries
throughout
the
state.
30
e.
Making
recommendations
relating
to
the
form
and
quantity
31
of
allowable
medical
uses
of
cannabidiol
cannabis
.
32
4.
Recommendations
made
by
the
medical
cannabidiol
cannabis
33
board
pursuant
to
subsection
3
,
paragraphs
“b”
and
“e”
,
shall
34
be
made
to
the
board
of
medicine
for
consideration,
and
if
35
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approved,
shall
be
adopted
by
the
board
of
medicine
by
rule.
1
5.
On
or
before
January
1
of
each
year,
beginning
January
2
1,
2018,
the
medical
cannabidiol
cannabis
board
shall
submit
a
3
report
detailing
the
activities
of
the
board.
4
6.
The
general
assembly
shall
have
the
sole
authority
5
to
revise
the
definition
of
medical
cannabidiol
cannabis
for
6
purposes
of
this
chapter
.
7
Sec.
27.
Section
124E.6,
Code
2022,
is
amended
to
read
as
8
follows:
9
124E.6
Medical
cannabidiol
cannabis
manufacturer
licensure.
10
1.
a.
The
department
shall
issue
a
request
for
proposals
11
to
select
and
license
by
December
1,
2017,
up
to
two
medical
12
cannabidiol
cannabis
manufacturers
to
manufacture
and
to
13
possess,
cultivate,
harvest,
transport,
package,
process,
14
or
supply
medical
cannabidiol
cannabis
within
this
state
15
consistent
with
the
provisions
of
this
chapter
.
The
department
16
shall
license
new
medical
cannabidiol
cannabis
manufacturers
17
or
relicense
the
existing
medical
cannabidiol
cannabis
18
manufacturers
by
December
1
of
each
year.
19
b.
Information
submitted
during
the
application
process
20
shall
be
confidential
until
a
medical
cannabidiol
cannabis
21
manufacturer
is
licensed
by
the
department
unless
otherwise
22
protected
from
disclosure
under
state
or
federal
law.
23
2.
As
a
condition
for
licensure,
a
medical
cannabidiol
24
cannabis
manufacturer
must
agree
to
begin
supplying
medical
25
cannabidiol
cannabis
to
medical
cannabidiol
cannabis
26
dispensaries
in
this
state
no
later
than
December
1,
2018.
27
3.
The
department
shall
consider
the
following
factors
in
28
determining
whether
to
select
and
license
a
medical
cannabidiol
29
cannabis
manufacturer:
30
a.
The
technical
expertise
of
the
medical
cannabidiol
31
cannabis
manufacturer
regarding
medical
cannabidiol
cannabis
.
32
b.
The
qualifications
of
the
medical
cannabidiol
cannabis
33
manufacturer’s
employees.
34
c.
The
long-term
financial
stability
of
the
medical
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cannabidiol
cannabis
manufacturer.
1
d.
The
ability
to
provide
appropriate
security
measures
on
2
the
premises
of
the
medical
cannabidiol
cannabis
manufacturer.
3
e.
Whether
the
medical
cannabidiol
cannabis
manufacturer
4
has
demonstrated
an
ability
to
meet
certain
medical
cannabidiol
5
cannabis
production
needs
for
medical
use
regarding
the
range
6
of
recommended
dosages
for
each
debilitating
medical
condition,
7
the
range
of
chemical
compositions
of
any
plant
of
the
genus
8
cannabis
that
will
likely
be
medically
beneficial
for
each
9
of
the
debilitating
medical
conditions,
and
the
form
of
the
10
medical
cannabidiol
cannabis
in
the
manner
determined
by
the
11
department
pursuant
to
rule.
12
f.
The
medical
cannabidiol
cannabis
manufacturer’s
13
projection
of
and
ongoing
assessment
of
fees
on
patients
with
14
debilitating
medical
conditions.
15
4.
A
medical
cannabidiol
cannabis
manufacturer
shall
16
contract
with
a
laboratory
to
perform
spot-check
testing
of
17
the
medical
cannabidiol
cannabis
produced
by
the
medical
18
cannabidiol
cannabis
manufacturer
as
provided
in
section
19
124E.7
.
The
department
shall
require
that
the
laboratory
20
report
testing
results
to
the
medical
cannabidiol
cannabis
21
manufacturer
and
the
department
as
determined
by
the
department
22
by
rule.
If
a
medical
cannabidiol
cannabis
manufacturer
23
contracts
with
a
laboratory
other
than
the
state
hygienic
24
laboratory
at
the
university
of
Iowa
in
Iowa
City,
the
25
department
shall
approve
the
laboratory
to
perform
testing
26
pursuant
to
this
chapter
.
27
5.
Each
entity
submitting
an
application
for
licensure
28
as
a
medical
cannabidiol
cannabis
manufacturer
shall
pay
a
29
nonrefundable
application
fee
of
seven
thousand
five
hundred
30
dollars
to
the
department.
31
Sec.
28.
Section
124E.7,
subsections
1,
2,
3,
4,
5,
6,
7,
8,
32
9,
10,
and
11,
Code
2022,
are
amended
to
read
as
follows:
33
1.
A
medical
cannabidiol
cannabis
manufacturer
shall
34
contract
with
a
laboratory
to
perform
spot-check
testing
of
35
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the
medical
cannabidiol
cannabis
produced
by
the
medical
1
cannabidiol
cannabis
manufacturer
as
to
content,
contamination,
2
and
consistency.
The
cost
of
all
laboratory
testing
shall
be
3
paid
by
the
medical
cannabidiol
cannabis
manufacturer.
4
2.
The
operating
documents
of
a
medical
cannabidiol
5
cannabis
manufacturer
shall
include
all
of
the
following:
6
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
7
cannabis
manufacturer
and
procedures
to
ensure
accurate
8
recordkeeping.
9
b.
Procedures
for
the
implementation
of
appropriate
security
10
measures
to
deter
and
prevent
the
theft
of
medical
cannabidiol
11
cannabis
and
unauthorized
entrance
into
areas
containing
12
medical
cannabidiol
cannabis
.
13
3.
A
medical
cannabidiol
cannabis
manufacturer
shall
14
implement
security
requirements,
including
requirements
for
15
protection
of
each
location
by
a
fully
operational
security
16
alarm
system,
facility
access
controls,
perimeter
intrusion
17
detection
systems,
and
a
personnel
identification
system.
18
4.
A
medical
cannabidiol
cannabis
manufacturer
shall
19
not
share
office
space
with,
refer
patients
to,
or
have
any
20
financial
relationship
with
a
health
care
practitioner.
21
5.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
22
permit
any
person
to
consume
medical
cannabidiol
cannabis
on
23
the
property
of
the
medical
cannabidiol
cannabis
manufacturer.
24
6.
A
medical
cannabidiol
cannabis
manufacturer
is
subject
25
to
reasonable
inspection
by
the
department.
26
7.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
27
employ
a
person
who
is
under
eighteen
years
of
age
or
who
has
28
been
convicted
of
a
disqualifying
felony
offense.
An
employee
29
of
a
medical
cannabidiol
cannabis
manufacturer
shall
be
subject
30
to
a
background
investigation
conducted
by
the
division
of
31
criminal
investigation
of
the
department
of
public
safety
and
a
32
national
criminal
history
background
check
pursuant
to
section
33
124E.19
.
34
8.
A
medical
cannabidiol
cannabis
manufacturer
owner
shall
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not
have
been
convicted
of
a
disqualifying
felony
offense
and
1
shall
be
subject
to
a
background
investigation
conducted
by
2
the
division
of
criminal
investigation
of
the
department
of
3
public
safety
and
a
national
criminal
history
background
check
4
pursuant
to
section
124E.19
.
5
9.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
6
operate
at
the
same
physical
location
as
a
medical
cannabidiol
7
cannabis
dispensary.
8
10.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
9
operate
in
any
location,
whether
for
manufacturing,
possessing,
10
cultivating,
harvesting,
transporting,
packaging,
processing,
11
or
supplying,
within
one
thousand
feet
of
a
public
or
private
12
school
existing
before
the
date
of
the
medical
cannabidiol
13
cannabis
manufacturer’s
licensure
by
the
department.
14
11.
A
medical
cannabidiol
cannabis
manufacturer
shall
15
comply
with
reasonable
restrictions
set
by
the
department
16
relating
to
signage,
marketing,
display,
and
advertising
of
17
medical
cannabidiol
cannabis
.
18
Sec.
29.
Section
124E.7,
subsection
12,
paragraphs
a
and
b,
19
Code
2022,
are
amended
to
read
as
follows:
20
a.
A
medical
cannabidiol
cannabis
manufacturer
shall
provide
21
a
reliable
and
ongoing
supply
of
medical
cannabidiol
cannabis
22
to
medical
cannabidiol
cannabis
dispensaries
pursuant
to
this
23
chapter
.
24
b.
All
manufacturing,
cultivating,
harvesting,
packaging,
25
and
processing
of
medical
cannabidiol
cannabis
shall
take
place
26
in
an
enclosed,
locked
facility
at
a
physical
address
provided
27
to
the
department
during
the
licensure
process.
28
Sec.
30.
Section
124E.8,
Code
2022,
is
amended
to
read
as
29
follows:
30
124E.8
Medical
cannabidiol
cannabis
dispensary
licensure.
31
1.
a.
The
department
shall
issue
a
request
for
proposals
32
to
select
and
license
by
April
1,
2018,
up
to
five
medical
33
cannabidiol
cannabis
dispensaries
to
dispense
medical
34
cannabidiol
cannabis
within
this
state
consistent
with
the
35
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2363
provisions
of
this
chapter
.
The
department
shall
license
new
1
medical
cannabidiol
cannabis
dispensaries
or
relicense
the
2
existing
medical
cannabidiol
cannabis
dispensaries
by
December
3
1
of
each
year.
4
b.
Information
submitted
during
the
application
process
5
shall
be
confidential
until
a
medical
cannabidiol
cannabis
6
dispensary
is
licensed
by
the
department
unless
otherwise
7
protected
from
disclosure
under
state
or
federal
law.
8
2.
As
a
condition
for
licensure,
a
medical
cannabidiol
9
cannabis
dispensary
must
agree
to
begin
supplying
medical
10
cannabidiol
cannabis
to
patients
by
December
1,
2018.
11
3.
The
department
shall
consider
the
following
factors
in
12
determining
whether
to
select
and
license
a
medical
cannabidiol
13
cannabis
dispensary:
14
a.
The
technical
expertise
of
the
medical
cannabidiol
15
cannabis
dispensary
regarding
medical
cannabidiol
cannabis
.
16
b.
The
qualifications
of
the
medical
cannabidiol
cannabis
17
dispensary’s
employees.
18
c.
The
long-term
financial
stability
of
the
medical
19
cannabidiol
cannabis
dispensary.
20
d.
The
ability
to
provide
appropriate
security
measures
on
21
the
premises
of
the
medical
cannabidiol
cannabis
dispensary.
22
e.
The
medical
cannabidiol
cannabis
dispensary’s
projection
23
and
ongoing
assessment
of
fees
for
the
purchase
of
medical
24
cannabidiol
cannabis
on
patients
with
debilitating
medical
25
conditions.
26
4.
Each
entity
submitting
an
application
for
licensure
27
as
a
medical
cannabidiol
cannabis
dispensary
shall
pay
a
28
nonrefundable
application
fee
of
five
thousand
dollars
to
the
29
department.
30
Sec.
31.
Section
124E.9,
subsections
1,
2,
3,
4,
5,
6,
7,
31
8,
9,
10,
11,
12,
and
13,
Code
2022,
are
amended
to
read
as
32
follows:
33
1.
a.
The
medical
cannabidiol
cannabis
dispensaries
shall
34
be
located
based
on
geographical
need
throughout
the
state
to
35
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improve
patient
access.
1
b.
A
medical
cannabidiol
cannabis
dispensary
may
dispense
2
medical
cannabidiol
cannabis
pursuant
to
the
provisions
of
this
3
chapter
but
shall
not
dispense
any
medical
cannabidiol
cannabis
4
in
a
form
or
quantity
other
than
the
form
or
quantity
allowed
5
by
the
department
pursuant
to
rule.
6
2.
The
operating
documents
of
a
medical
cannabidiol
7
cannabis
dispensary
shall
include
all
of
the
following:
8
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
9
cannabis
dispensary
and
procedures
to
ensure
accurate
10
recordkeeping.
11
b.
Procedures
for
the
implementation
of
appropriate
security
12
measures
to
deter
and
prevent
the
theft
of
medical
cannabidiol
13
cannabis
and
unauthorized
entrance
into
areas
containing
14
medical
cannabidiol
cannabis
.
15
3.
A
medical
cannabidiol
cannabis
dispensary
shall
16
implement
security
requirements,
including
requirements
for
17
protection
by
a
fully
operational
security
alarm
system,
18
facility
access
controls,
perimeter
intrusion
detection
19
systems,
and
a
personnel
identification
system.
20
4.
A
medical
cannabidiol
cannabis
dispensary
shall
not
21
share
office
space
with,
refer
patients
to,
or
have
any
22
financial
relationship
with
a
health
care
practitioner.
23
5.
A
medical
cannabidiol
cannabis
dispensary
shall
not
24
permit
any
person
to
consume
medical
cannabidiol
cannabis
on
25
the
property
of
the
medical
cannabidiol
cannabis
dispensary.
26
6.
A
medical
cannabidiol
cannabis
dispensary
is
subject
to
27
reasonable
inspection
by
the
department.
28
7.
A
medical
cannabidiol
cannabis
dispensary
shall
not
29
employ
a
person
who
is
under
eighteen
years
of
age
or
who
has
30
been
convicted
of
a
disqualifying
felony
offense.
An
employee
31
of
a
medical
cannabidiol
cannabis
dispensary
shall
be
subject
32
to
a
background
investigation
conducted
by
the
division
of
33
criminal
investigation
of
the
department
of
public
safety
and
a
34
national
criminal
history
background
check
pursuant
to
section
35
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2363
124E.19
.
1
8.
A
medical
cannabidiol
cannabis
dispensary
owner
shall
2
not
have
been
convicted
of
a
disqualifying
felony
offense
and
3
shall
be
subject
to
a
background
investigation
conducted
by
4
the
division
of
criminal
investigation
of
the
department
of
5
public
safety
and
a
national
criminal
history
background
check
6
pursuant
to
section
124E.19
.
7
9.
A
medical
cannabidiol
cannabis
dispensary
shall
not
8
operate
at
the
same
physical
location
as
a
medical
cannabidiol
9
cannabis
manufacturer.
10
10.
A
medical
cannabidiol
cannabis
dispensary
shall
not
11
operate
in
any
location
within
one
thousand
feet
of
a
public
12
or
private
school
existing
before
the
date
of
the
medical
13
cannabidiol
cannabis
dispensary’s
licensure
by
the
department.
14
11.
A
medical
cannabidiol
cannabis
dispensary
shall
comply
15
with
reasonable
restrictions
set
by
the
department
relating
16
to
signage,
marketing,
display,
and
advertising
of
medical
17
cannabidiol
cannabis
.
18
12.
Prior
to
dispensing
of
any
medical
cannabidiol
19
cannabis
,
a
medical
cannabidiol
cannabis
dispensary
shall
do
20
all
of
the
following:
21
a.
Verify
that
the
medical
cannabidiol
cannabis
dispensary
22
has
received
a
valid
medical
cannabidiol
cannabis
registration
23
card
from
a
patient
or
a
patient’s
primary
caregiver,
if
24
applicable.
25
b.
Assign
a
tracking
number
to
any
medical
cannabidiol
26
cannabis
dispensed
from
the
medical
cannabidiol
cannabis
27
dispensary.
28
c.
Properly
package
medical
cannabidiol
cannabis
in
29
compliance
with
federal
law
regarding
child
resistant
packaging
30
and
exemptions
for
packaging
for
elderly
patients,
and
31
label
medical
cannabidiol
cannabis
with
a
list
of
all
active
32
ingredients
and
individually
identifying
information.
33
13.
A
medical
cannabidiol
cannabis
dispensary
shall
employ
34
a
pharmacist
or
pharmacy
technician
licensed
or
registered
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pursuant
to
chapter
155A
for
the
purpose
of
making
dosing
1
recommendations.
2
Sec.
32.
Section
124E.9,
subsection
15,
paragraph
a,
Code
3
2022,
is
amended
to
read
as
follows:
4
a.
The
health
care
practitioner
who
certified
the
patient
5
to
receive
a
medical
cannabidiol
cannabis
registration
card
6
certifies
that
patient’s
debilitating
medical
condition
is
a
7
terminal
illness
with
a
life
expectancy
of
less
than
one
year.
8
A
certification
issued
pursuant
to
this
paragraph
shall
include
9
a
total
tetrahydrocannabinol
cap
deemed
appropriate
by
the
10
patient’s
health
care
practitioner.
11
Sec.
33.
Section
124E.10,
Code
2022,
is
amended
to
read
as
12
follows:
13
124E.10
Fees.
14
All
fees
collected
by
the
department
under
this
chapter
15
shall
be
retained
by
the
department
for
operation
of
the
16
medical
cannabidiol
cannabis
registration
card
program
and
17
the
medical
cannabidiol
cannabis
manufacturer
and
medical
18
cannabidiol
cannabis
dispensary
licensing
programs.
The
moneys
19
retained
by
the
department
shall
be
considered
repayment
20
receipts
as
defined
in
section
8.2
and
shall
be
used
for
any
of
21
the
department’s
duties
under
this
chapter
,
including
but
not
22
limited
to
the
addition
of
full-time
equivalent
positions
for
23
program
services
and
investigations.
Notwithstanding
section
24
8.33
,
moneys
retained
by
the
department
pursuant
to
this
25
section
shall
not
revert
to
the
general
fund
of
the
state
but
26
shall
remain
available
for
expenditure
only
for
the
purposes
27
specified
in
this
section
.
28
Sec.
34.
Section
124E.11,
subsection
1,
paragraph
a,
Code
29
2022,
is
amended
to
read
as
follows:
30
a.
The
department
shall
maintain
a
confidential
file
of
the
31
names
of
each
patient
to
or
for
whom
the
department
issues
a
32
medical
cannabidiol
cannabis
registration
card
and
the
name
of
33
each
primary
caregiver
to
whom
the
department
issues
a
medical
34
cannabidiol
cannabis
registration
card
under
section
124E.4
.
35
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Sec.
35.
Section
124E.11,
subsection
1,
paragraph
b,
1
subparagraph
(1),
subparagraph
divisions
(b)
and
(d),
Code
2
2022,
are
amended
to
read
as
follows:
3
(b)
To
authorized
employees
of
law
enforcement
agencies
4
of
a
state
or
political
subdivision
thereof,
but
only
for
the
5
purpose
of
verifying
that
a
person
is
lawfully
in
possession
6
of
a
medical
cannabidiol
cannabis
registration
card
issued
7
pursuant
to
this
chapter
.
8
(d)
To
any
other
authorized
persons
recognized
by
the
9
department
by
rule,
but
only
for
the
purpose
of
verifying
that
10
a
person
is
lawfully
in
possession
of
a
medical
cannabidiol
11
cannabis
registration
card
issued
pursuant
to
this
chapter
.
12
Sec.
36.
Section
124E.11,
subsection
2,
Code
2022,
is
13
amended
to
read
as
follows:
14
2.
The
department
shall
adopt
rules
pursuant
to
chapter
15
17A
to
administer
this
chapter
which
shall
include
but
not
be
16
limited
to
rules
to
do
all
of
the
following:
17
a.
Govern
the
manner
in
which
the
department
shall
consider
18
applications
for
new
and
renewal
medical
cannabidiol
cannabis
19
registration
cards.
20
b.
Ensure
that
the
medical
cannabidiol
cannabis
registration
21
card
program
operates
on
a
self-sustaining
basis.
22
c.
Establish
the
form
and
quantity
of
medical
cannabidiol
23
cannabis
allowed
to
be
dispensed
to
a
patient
or
primary
24
caregiver
pursuant
to
this
chapter
as
appropriate
to
serve
the
25
medical
needs
of
patients
with
debilitating
medical
conditions,
26
subject
to
recommendation
by
the
medical
cannabidiol
cannabis
27
board
and
approval
by
the
board
of
medicine.
28
d.
Establish
requirements
for
the
licensure
of
medical
29
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
30
cannabis
dispensaries
and
set
forth
procedures
for
medical
31
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
32
cannabis
dispensaries
to
obtain
licenses.
33
e.
Develop
a
dispensing
system
for
medical
cannabidiol
34
cannabis
within
this
state
that
provides
for
all
of
the
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following:
1
(1)
Medical
cannabidiol
cannabis
dispensaries
within
this
2
state
housed
on
secured
grounds
and
operated
by
licensed
3
medical
cannabidiol
cannabis
dispensaries.
4
(2)
The
dispensing
of
medical
cannabidiol
cannabis
to
5
patients
and
their
primary
caregivers
to
occur
at
locations
6
designated
by
the
department.
7
f.
Establish
and
collect
annual
fees
from
medical
8
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
9
cannabis
dispensaries
to
cover
the
costs
associated
with
10
regulating
and
inspecting
medical
cannabidiol
cannabis
11
manufacturers
and
medical
cannabidiol
cannabis
dispensaries.
12
g.
Specify
and
implement
procedures
that
address
public
13
safety
including
security
procedures
and
product
quality
14
including
measures
to
ensure
contaminant-free
cultivation
of
15
medical
cannabidiol
cannabis
,
safety,
and
labeling.
16
h.
Establish
and
implement
a
real-time,
statewide
medical
17
cannabidiol
cannabis
registry
management
sale
tracking
system
18
that
is
available
to
medical
cannabidiol
cannabis
dispensaries
19
on
a
twenty-four-hour-a-day,
seven-day-a-week
basis
for
the
20
purpose
of
verifying
that
a
person
is
lawfully
in
possession
21
of
a
medical
cannabidiol
cannabis
registration
card
issued
22
pursuant
to
this
chapter
and
for
tracking
the
date
of
the
sale
23
and
quantity
of
medical
cannabidiol
cannabis
purchased
by
a
24
patient
or
a
primary
caregiver.
25
i.
Establish
and
implement
a
medical
cannabidiol
cannabis
26
inventory
and
delivery
tracking
system
to
track
medical
27
cannabidiol
cannabis
from
production
by
a
medical
cannabidiol
28
cannabis
manufacturer
through
dispensing
at
a
medical
29
cannabidiol
cannabis
dispensary.
30
Sec.
37.
Section
124E.12,
Code
2022,
is
amended
to
read
as
31
follows:
32
124E.12
Use
of
medical
cannabidiol
cannabis
——
affirmative
33
defenses.
34
1.
A
health
care
practitioner,
including
any
authorized
35
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agent
or
employee
thereof,
shall
not
be
subject
to
1
prosecution
for
the
unlawful
certification,
possession,
or
2
administration
of
marijuana
under
the
laws
of
this
state
for
3
activities
arising
directly
out
of
or
directly
related
to
the
4
certification
or
use
of
medical
cannabidiol
cannabis
in
the
5
treatment
of
a
patient
diagnosed
with
a
debilitating
medical
6
condition
as
authorized
by
this
chapter
.
7
2.
A
medical
cannabidiol
cannabis
manufacturer,
including
8
any
authorized
agent
or
employee
thereof,
shall
not
be
subject
9
to
prosecution
for
manufacturing,
possessing,
cultivating,
10
harvesting,
transporting,
packaging,
processing,
or
supplying
11
medical
cannabidiol
cannabis
pursuant
to
this
chapter
.
12
3.
A
medical
cannabidiol
cannabis
dispensary,
including
13
any
authorized
agent
or
employee
thereof,
shall
not
be
subject
14
to
prosecution
for
dispensing
medical
cannabidiol
cannabis
15
pursuant
to
this
chapter
.
16
4.
a.
In
a
prosecution
for
the
unlawful
possession
of
17
marijuana
under
the
laws
of
this
state
for
the
possession
18
of
medical
cannabidiol
cannabis
,
including
but
not
limited
19
to
chapters
124
and
453B
,
it
is
an
affirmative
and
complete
20
defense
to
the
prosecution
that
the
patient
has
been
diagnosed
21
with
a
debilitating
medical
condition,
used
or
possessed
22
medical
cannabidiol
cannabis
pursuant
to
a
certification
by
a
23
health
care
practitioner
as
authorized
under
this
chapter
,
and,
24
for
a
patient
eighteen
years
of
age
or
older,
is
in
possession
25
of
a
valid
medical
cannabidiol
cannabis
registration
card
26
issued
pursuant
to
this
chapter
.
27
b.
In
a
prosecution
for
the
unlawful
possession
of
marijuana
28
under
the
laws
of
this
state
for
the
possession
of
medical
29
cannabidiol
cannabis
,
including
but
not
limited
to
chapters
30
124
and
453B
,
it
is
an
affirmative
and
complete
defense
to
31
the
prosecution
that
the
person
possessed
medical
cannabidiol
32
cannabis
because
the
person
is
a
primary
caregiver
of
a
patient
33
who
has
been
diagnosed
with
a
debilitating
medical
condition
34
and
is
in
possession
of
a
valid
medical
cannabidiol
cannabis
35
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registration
card
issued
pursuant
to
this
chapter
,
and
where
1
the
primary
caregiver’s
possession
of
the
medical
cannabidiol
2
cannabis
is
on
behalf
of
the
patient
and
for
the
patient’s
use
3
only
as
authorized
under
this
chapter
.
4
c.
If
a
patient
or
primary
caregiver
is
charged
with
5
the
unlawful
possession
of
marijuana
under
the
laws
of
this
6
state
for
the
possession
of
medical
cannabidiol
cannabis
,
7
including
but
not
limited
to
chapters
124
and
453B
,
and
is
not
8
in
possession
of
the
person’s
medical
cannabidiol
cannabis
9
registration
card,
any
charge
or
charges
filed
against
the
10
person
for
the
possession
of
medical
cannabidiol
cannabis
11
shall
be
dismissed
by
the
court
if
the
person
produces
to
the
12
court
prior
to
or
at
the
person’s
trial
a
medical
cannabidiol
13
cannabis
registration
card
issued
to
that
person
and
valid
at
14
the
time
the
person
was
charged.
15
5.
An
agency
of
this
state
or
a
political
subdivision
16
thereof,
including
any
law
enforcement
agency,
shall
not
remove
17
or
initiate
proceedings
to
remove
a
patient
under
the
age
18
of
eighteen
from
the
home
of
a
parent
based
solely
upon
the
19
parent’s
or
patient’s
possession
or
use
of
medical
cannabidiol
20
cannabis
as
authorized
under
this
chapter
.
21
6.
The
department
and
any
health
care
practitioner,
22
including
any
authorized
agent
or
employee
thereof,
are
not
23
subject
to
any
civil
or
disciplinary
penalties
by
the
board
24
of
medicine
or
any
business,
occupational,
or
professional
25
licensing
board
or
entity,
solely
for
activities
conducted
26
relating
to
a
patient’s
possession
or
use
of
medical
27
cannabidiol
cannabis
as
authorized
under
this
chapter
.
Nothing
28
in
this
section
affects
a
professional
licensing
board
from
29
taking
action
in
response
to
violations
of
any
other
section
30
of
law.
31
7.
Notwithstanding
any
law
to
the
contrary,
the
department,
32
the
governor,
or
any
employee
of
any
state
agency
shall
not
33
be
held
civilly
or
criminally
liable
for
any
injury,
loss
34
of
property,
personal
injury,
or
death
caused
by
any
act
or
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omission
while
acting
within
the
scope
of
office
or
employment
1
as
authorized
under
this
chapter
.
2
8.
An
attorney
shall
not
be
subject
to
disciplinary
action
3
by
the
Iowa
supreme
court
or
attorney
disciplinary
board
for
4
providing
legal
assistance
to
a
patient,
primary
caregiver,
or
5
others
based
upon
a
patient’s
or
primary
caregiver’s
possession
6
or
use
of
medical
cannabidiol
cannabis
as
authorized
under
this
7
chapter
.
8
9.
Possession
of
a
medical
cannabidiol
cannabis
9
registration
card
or
an
application
for
a
medical
cannabidiol
10
cannabis
registration
card
by
a
person
entitled
to
possess
or
11
apply
for
a
medical
cannabidiol
cannabis
registration
card
12
shall
not
constitute
probable
cause
or
reasonable
suspicion,
13
and
shall
not
be
used
to
support
a
search
of
the
person
or
14
property
of
the
person
possessing
or
applying
for
the
medical
15
cannabidiol
cannabis
registration
card,
or
otherwise
subject
16
the
person
or
property
of
the
person
to
inspection
by
any
17
governmental
agency.
18
Sec.
38.
Section
124E.13,
Code
2022,
is
amended
to
read
as
19
follows:
20
124E.13
Medical
cannabidiol
cannabis
source.
21
Medical
cannabidiol
cannabis
provided
exclusively
pursuant
22
to
a
written
certification
of
a
health
care
practitioner,
if
23
not
legally
available
in
this
state
or
from
any
other
bordering
24
state,
shall
be
obtained
from
an
out-of-state
source.
25
Sec.
39.
Section
124E.14,
Code
2022,
is
amended
to
read
as
26
follows:
27
124E.14
Out-of-state
medical
cannabidiol
cannabis
28
dispensaries.
29
The
department
of
public
health
shall
utilize
a
request
for
30
proposals
process
to
select
and
license
by
December
1,
2017,
up
31
to
two
out-of-state
medical
cannabidiol
cannabis
dispensaries
32
from
a
bordering
state
to
sell
and
dispense
medical
cannabidiol
33
cannabis
to
a
patient
or
primary
caregiver
in
possession
of
a
34
valid
medical
cannabidiol
cannabis
registration
card
issued
35
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under
this
chapter
.
1
Sec.
40.
Section
124E.15,
Code
2022,
is
amended
to
read
as
2
follows:
3
124E.15
Iowa
patients
and
primary
caregivers
registering
in
4
the
state
of
Minnesota.
5
A
patient
or
a
primary
caregiver
with
a
valid
medical
6
cannabidiol
cannabis
registration
card
issued
pursuant
to
this
7
chapter
may
register
in
the
state
of
Minnesota
as
a
visiting
8
qualified
patient
or
primary
caregiver
and
may
register
with
9
one
or
more
medical
cannabis
manufacturers
registered
under
the
10
laws
of
Minnesota.
11
Sec.
41.
Section
124E.16,
Code
2022,
is
amended
to
read
as
12
follows:
13
124E.16
Penalties.
14
1.
A
person
who
knowingly
or
intentionally
possesses
or
uses
15
medical
cannabidiol
cannabis
in
violation
of
the
requirements
16
of
this
chapter
is
subject
to
the
penalties
provided
under
17
chapters
124
and
453B
.
18
2.
A
medical
cannabidiol
cannabis
manufacturer
or
a
medical
19
cannabidiol
cannabis
dispensary
shall
be
assessed
a
civil
20
penalty
of
up
to
one
thousand
dollars
per
violation
for
any
21
violation
of
this
chapter
in
addition
to
any
other
applicable
22
penalties.
23
Sec.
42.
Section
124E.17,
Code
2022,
is
amended
to
read
as
24
follows:
25
124E.17
Use
of
medical
cannabidiol
cannabis
——
smoking
26
prohibited.
27
A
patient
shall
not
consume
medical
cannabidiol
cannabis
28
possessed
or
used
as
authorized
under
this
chapter
by
smoking
29
medical
cannabidiol
cannabis
.
30
Sec.
43.
Section
124E.18,
Code
2022,
is
amended
to
read
as
31
follows:
32
124E.18
Reciprocity.
33
A
valid
medical
cannabidiol
cannabis
registration
card,
34
or
its
equivalent,
issued
under
the
laws
of
another
state
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that
allows
an
out-of-state
patient
to
possess
or
use
medical
1
cannabidiol
cannabis
in
the
jurisdiction
of
issuance
shall
2
have
the
same
force
and
effect
as
a
valid
medical
cannabidiol
3
cannabis
registration
card
issued
pursuant
to
this
chapter
,
4
except
that
an
out-of-state
patient
in
this
state
shall
not
5
obtain
medical
cannabidiol
cannabis
from
a
medical
cannabidiol
6
cannabis
dispensary
in
this
state.
7
Sec.
44.
Section
124E.19,
subsections
1,
2,
and
4,
Code
8
2022,
are
amended
to
read
as
follows:
9
1.
The
division
of
criminal
investigation
of
the
10
department
of
public
safety
shall
conduct
thorough
background
11
investigations
for
the
purposes
of
licensing
medical
12
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
13
cannabis
dispensaries
under
this
chapter
.
The
results
of
any
14
background
investigation
conducted
pursuant
to
this
section
15
shall
be
presented
to
the
department.
16
a.
An
applicant
for
a
medical
cannabidiol
cannabis
17
manufacturer
license
or
a
medical
cannabidiol
cannabis
18
dispensary
license
and
their
owners,
investors,
and
employees
19
shall
submit
all
required
information
on
a
form
prescribed
by
20
the
department
of
public
safety.
21
b.
The
department
shall
charge
an
applicant
for
a
medical
22
cannabidiol
cannabis
manufacturer
license
or
a
medical
23
cannabidiol
cannabis
dispensary
license
a
fee
determined
by
24
the
department
of
public
safety
and
adopted
by
the
department
25
by
rule
to
defray
the
costs
associated
with
background
26
investigations
conducted
pursuant
to
the
requirements
of
this
27
section
.
The
fee
shall
be
in
addition
to
any
other
fees
28
charged
by
the
department.
The
fee
may
be
retained
by
the
29
department
of
public
safety
and
shall
be
considered
repayment
30
receipts
as
defined
in
section
8.2
.
31
2.
The
department
shall
require
an
applicant
for
a
32
medical
cannabidiol
cannabis
manufacturer
license
or
a
33
medical
cannabidiol
cannabis
dispensary
license,
their
owners
34
and
investors,
and
applicants
for
employment
at
a
medical
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cannabidiol
cannabis
manufacturer
or
medical
cannabidiol
1
cannabis
dispensary
to
submit
fingerprints
and
other
required
2
identifying
information
to
the
department
on
a
form
prescribed
3
by
the
department
of
public
safety.
The
department
shall
4
submit
the
fingerprint
cards
and
other
identifying
information
5
to
the
division
of
criminal
investigation
of
the
department
6
of
public
safety
for
submission
to
the
federal
bureau
of
7
investigation
for
the
purpose
of
conducting
a
national
criminal
8
history
record
check.
The
department
may
require
employees
and
9
contractors
involved
in
carrying
out
a
background
investigation
10
to
submit
fingerprints
and
other
identifying
information
for
11
the
same
purpose.
12
4.
An
applicant
for
a
medical
cannabidiol
cannabis
13
manufacturer
license
or
a
medical
cannabidiol
cannabis
14
dispensary
license
shall
submit
information
and
fees
required
15
by
this
section
at
the
time
of
application.
16
Sec.
45.
Section
124E.20,
Code
2022,
is
amended
to
read
as
17
follows:
18
124E.20
Observational
effectiveness
study.
19
The
department
may
conduct
an
observational
effectiveness
20
study
in
cooperation
with
patients
and
health
care
21
practitioners
and
pursuant
to
rules
of
the
department
in
order
22
to
study
the
effectiveness
of
medical
cannabidiol
cannabis
in
23
the
treatment
of
debilitating
medical
conditions.
24
Sec.
46.
Section
204.17,
subsection
4,
Code
2022,
is
amended
25
to
read
as
follows:
26
4.
Nothing
in
this
chapter
shall
be
construed
or
applied
27
to
authorize
a
person
to
manufacture,
recommend,
possess,
use,
28
dispense,
deliver,
transport,
or
administer
medical
cannabidiol
29
cannabis
pursuant
to
chapter
124E
.
30
Sec.
47.
Section
730.5,
subsection
11,
paragraph
f,
Code
31
2022,
is
amended
to
read
as
follows:
32
f.
Testing
or
taking
action
against
an
employee
or
33
prospective
employee
with
a
confirmed
positive
test
result
due
34
to
the
employee’s
or
prospective
employee’s
use
of
medical
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cannabidiol
cannabis
as
authorized
under
chapter
124E
.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
medical
cannabidiol
program.
The
5
bill
is
organized
into
divisions.
6
DIVISION
I
——
MEDICAL
CANNABIDIOL
PROGRAM.
The
bill
changes
7
the
name
of
the
medical
cannabidiol
Act
to
the
medical
cannabis
8
Act.
9
The
bill
allows
a
health
care
practitioner
to
certify
a
10
patient
for
the
use
of
medical
cannabis
to
a
patient
for
11
any
medical
condition
for
which
a
patient’s
health
care
12
practitioner
determines
the
use
of
medical
cannabis
could
be
13
medically
beneficial.
The
bill
requires
that
any
certification
14
made
by
a
health
care
practitioner
for
a
patient
for
a
15
debilitating
medical
condition
not
explicitly
included
on
16
the
list
of
debilitating
medical
conditions
shall
be
made
by
17
a
health
care
practitioner
pursuant
to
reasonable
medical
18
evidence,
in
good
faith,
in
the
best
interest
of
the
patient,
19
without
fraudulent
intent,
and
with
the
same
reasonable
medical
20
judgment
and
prudence
exercised
according
to
generally
accepted
21
medical
practice.
22
The
bill
adds
pharmacists
to
the
list
of
health
care
23
practitioners
able
to
certify
a
patient
to
receive
a
medical
24
cannabis
registration
card.
The
bill
requires
a
pharmacist
to
25
complete
a
training
program
designated
by
the
board
of
pharmacy
26
prior
to
certifying
a
patient
to
receive
a
medical
cannabis
27
registration
card.
28
The
bill
lowers
the
fee
to
receive
a
medical
cannabis
29
registration
card
from
$25
to
$10
and
requires
the
department
30
of
public
health
to
waive
the
fee
for
veterans.
The
bill
31
expands
the
membership
of
the
medical
cannabis
board
from
8
32
to
10
members
and
adds
one
member
licensed
as
a
physician
33
assistant
and
one
member
licensed
as
an
advanced
practice
34
registered
nurse.
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The
bill
allows
a
medical
cannabis
manufacturer
to
1
manufacture
edible
medical
cannabis
products.
The
bill
2
prohibits
such
products
from
being
designed
or
packaged
in
3
such
a
way
as
would
be
likely
to
appeal
to
children.
The
bill
4
raises
the
cap
on
total
tetrahyrdocannabinol
that
a
patient
may
5
receive
in
a
90-day
period
from
4.5
grams
to
17
grams.
6
The
bill
allows
a
medical
cannabis
dispensary
to
send
7
medical
cannabis
to
a
patient
following
an
initial
telehealth
8
visit
and
verification
that
the
patient
possesses
a
valid
9
medical
cannabis
registration
card.
10
The
bill
exempts
sales
of
medical
cannabis
products
by
a
11
medical
cannabis
manufacturer
or
a
medical
cannabis
dispensary
12
pursuant
to
Code
chapter
124E
(medical
cannabidiol
Act)
from
13
sales
tax.
14
DIVISION
II
——
CONFORMING
CODE
CHANGES.
This
division
15
changes
references
from
“medical
cannabidiol”
to
“medical
16
cannabis”
throughout
the
Code.
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