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 TLSB 5751YH (4) 89 ss/rh
H.F. 2363 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 -1- LSB 5751YH (4) 89 ss/rh 1/ 25
H.F. 2363 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 35 -2- LSB 5751YH (4) 89 ss/rh 2/ 25
H.F. 2363 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 -3- LSB 5751YH (4) 89 ss/rh 3/ 25
H.F. 2363 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 -4- LSB 5751YH (4) 89 ss/rh 4/ 25
H.F. 2363 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 35 -5- LSB 5751YH (4) 89 ss/rh 5/ 25
H.F. 2363 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 35 -6- LSB 5751YH (4) 89 ss/rh 6/ 25
H.F. 2363 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 -7- LSB 5751YH (4) 89 ss/rh 7/ 25
H.F. 2363 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 35 -8- LSB 5751YH (4) 89 ss/rh 8/ 25
H.F. 2363 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 -9- LSB 5751YH (4) 89 ss/rh 9/ 25
H.F. 2363 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 35 -10- LSB 5751YH (4) 89 ss/rh 10/ 25
H.F. 2363 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 -11- LSB 5751YH (4) 89 ss/rh 11/ 25
H.F. 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 -12- LSB 5751YH (4) 89 ss/rh 12/ 25
H.F. 2363 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 -13- LSB 5751YH (4) 89 ss/rh 13/ 25
H.F. 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 35 -14- LSB 5751YH (4) 89 ss/rh 14/ 25
H.F. 2363 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 -15- LSB 5751YH (4) 89 ss/rh 15/ 25
H.F. 2363 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 35 -16- LSB 5751YH (4) 89 ss/rh 16/ 25
H.F. 2363 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 -17- LSB 5751YH (4) 89 ss/rh 17/ 25
H.F. 2363 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 -18- LSB 5751YH (4) 89 ss/rh 18/ 25
H.F. 2363 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 35 -19- LSB 5751YH (4) 89 ss/rh 19/ 25
H.F. 2363 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 -20- LSB 5751YH (4) 89 ss/rh 20/ 25
H.F. 2363 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 35 -21- LSB 5751YH (4) 89 ss/rh 21/ 25
H.F. 2363 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 35 -22- LSB 5751YH (4) 89 ss/rh 22/ 25
H.F. 2363 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 35 -23- LSB 5751YH (4) 89 ss/rh 23/ 25
H.F. 2363 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. 35 -24- LSB 5751YH (4) 89 ss/rh 24/ 25
H.F. 2363 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. 17 -25- LSB 5751YH (4) 89 ss/rh 25/ 25