Bill Text: IA HF524 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to medical cannabidiol and prescription drugs, including the establishment of the medical cannabidiol Act, the federal scheduling of a cannabidiol investigational product, and the exchange of prescription drug information, providing for civil and criminal penalties and fees, and including effective date provisions. (Formerly HSB 89.) Effective 5-12-17.
Spectrum: Committee Bill
Status: (Passed) 2017-05-12 - Signed by Governor. H.J. 1152. [HF524 Detail]
Download: Iowa-2017-HF524-Enrolled.html
House File 524 - Enrolled
HOUSE FILE
BY COMMITTEE ON PUBLIC
SAFETY
(SUCCESSOR TO HSB 89)
\5
A BILL FOR
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House File 524
AN ACT
RELATING TO MEDICAL CANNABIDIOL AND PRESCRIPTION DRUGS,
INCLUDING THE ESTABLISHMENT OF THE MEDICAL CANNABIDIOL ACT,
THE FEDERAL SCHEDULING OF A CANNABIDIOL INVESTIGATIONAL
PRODUCT, AND THE EXCHANGE OF PRESCRIPTION DRUG INFORMATION,
PROVIDING FOR CIVIL AND CRIMINAL PENALTIES AND FEES, AND
INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 124.201A Cannabidiol
investigational product ==== rules.
1. If a cannabidiol investigational product approved as
a prescription drug medication by the United States food and
drug administration is eliminated from or revised in the
federal schedule of controlled substances by the federal drug
enforcement agency and notice of the elimination or revision
is given to the board, the board shall similarly eliminate
or revise the prescription drug medication in the schedule
of controlled substances under this chapter. Such action by
the board shall be immediately effective upon the date of
publication of the final regulation containing the elimination
or revision in the federal register.
2. The board shall adopt rules pursuant to chapter 17A
to administer this section. The board may adopt rules on an
emergency basis as provided in section 17A.4, subsection 3, and
section 17A.5, subsection 2, to administer this section, and
the rules shall be effective immediately upon filing unless
a later date is specified in the rules. Any emergency rules
adopted in accordance with this section shall also be published
as a notice of intended action as provided in section 17A.4,
subsection 1.
Sec. 2. Section 124.401, subsection 5, unnumbered paragraph
3, Code 2017, is amended to read as follows:
A person may knowingly or intentionally recommend, possess,
use, dispense, deliver, transport, or administer cannabidiol
if the recommendation, possession, use, dispensing, delivery,
transporting, or administering is in accordance with the
provisions of chapter 124D 124E. For purposes of this
paragraph, "cannabidiol" means the same as defined in section
124D.2 124E.2.
Sec. 3. Section 124.553, subsection 8, Code 2017, is amended
to read as follows:
8. The board may enter into an agreement with a prescription
database or monitoring program operated in a state bordering
this state or in the state of Kansas any state for the mutual
exchange of information. Any agreement entered into pursuant
to this subsection shall specify that all the information
exchanged pursuant to the agreement shall be used and
disseminated in accordance with the laws of this state.
Sec. 4. NEW SECTION. 124E.1 Short title.
This chapter shall be known and may be cited as the "Medical
Cannabidiol Act".
Sec. 5. NEW SECTION. 124E.2 Definitions.
As used in this chapter:
1. "Bordering state" means the same as defined in section
331.910.
2. "Debilitating medical condition" means any of the
following:
a. Cancer, if the underlying condition or treatment produces
one or more of the following:
(1) Severe or chronic pain.
(2) Nausea or severe vomiting.
(3) Cachexia or severe wasting.
b. Multiple sclerosis with severe and persistent muscle
spasms.
c. Seizures, including those characteristic of epilepsy.
d. AIDS or HIV as defined in section 141A.1.
e. Crohn's disease.
f. Amyotrophic lateral sclerosis.
g. Any terminal illness, with a probable life expectancy of
under one year, if the illness or its treatment produces one or
more of the following:
(1) Severe or chronic pain.
(2) Nausea or severe vomiting.
(3) Cachexia or severe wasting.
h. Parkinson's disease.
i. Untreatable pain.
3. "Department" means the department of public health.
4. "Disqualifying felony offense" means a violation under
federal or state law of a felony under federal or state law,
which has as an element the possession, use, or distribution of
a controlled substance, as defined in 21 U.S.C. {802(6).
5. "Health care practitioner" means an individual licensed
under chapter 148 to practice medicine and surgery or
osteopathic medicine and surgery who is a patient's primary
care provider. "Health care practitioner" shall not include a
physician assistant licensed under chapter 148C or an advanced
registered nurse practitioner licensed pursuant to chapter 152
or 152E.
6. "Medical cannabidiol" means any pharmaceutical
grade cannabinoid found in the plant Cannabis sativa L. or
Cannabis indica or any other preparation thereof that has
a tetrahydrocannabinol level of no more than three percent
and that is delivered in a form recommended by the medical
cannabidiol board, approved by the board of medicine, and
adopted by the department pursuant to rule.
7. "Primary caregiver" means a person who is a resident of
this state or a bordering state as defined in section 331.910,
including but not limited to a parent or legal guardian, at
least eighteen years of age, who has been designated by a
patient's health care practitioner as a necessary caretaker
taking responsibility for managing the well=being of the
patient with respect to the use of medical cannabidiol pursuant
to the provisions of this chapter.
8. "Untreatable pain" means any pain whose cause cannot be
removed and, according to generally accepted medical practice,
the full range of pain management modalities appropriate for
the patient has been used without adequate result or with
intolerable side effects.
9. "Written certification" means a document signed by a
health care practitioner, with whom the patient has established
a patient=provider relationship, which states that the patient
has a debilitating medical condition and identifies that
condition and provides any other relevant information.
Sec. 6. NEW SECTION. 124E.3 Health care practitioner
certification ==== duties.
1. Prior to a patient's submission of an application for
a medical cannabidiol registration card pursuant to section
124E.4, a health care practitioner shall do all of the
following:
a. Determine, in the health care practitioner's medical
judgment, whether the patient whom the health care practitioner
has examined and treated suffers from a debilitating medical
condition that qualifies for the use of medical cannabidiol
under this chapter, and if so determined, provide the patient
with a written certification of that diagnosis.
b. Provide explanatory information as provided by the
department to the patient about the therapeutic use of medical
cannabidiol and the possible risks, benefits, and side effects
of the proposed treatment.
2. Subsequently, the health care practitioner shall do the
following:
a. Determine, on an annual basis, if the patient continues
to suffer from a debilitating medical condition and, if so,
issue the patient a new certification of that diagnosis.
b. Otherwise comply with all requirements established by the
department pursuant to rule.
3. A health care practitioner may provide, but has no duty
to provide, a written certification pursuant to this section.
Sec. 7. NEW SECTION. 124E.4 Medical cannabidiol
registration card.
1. Issuance to patient. Subject to subsection 7, the
department may approve the issuance of a medical cannabidiol
registration card by the department of transportation to a
patient who:
a. Is at least eighteen years of age.
b. Is a permanent resident of this state.
c. Submits a written certification to the department signed
by the patient's health care practitioner that the patient is
suffering from a debilitating medical condition.
d. Submits an application to the department, on a form
created by the department, in consultation with the department
of transportation, that contains all of the following:
(1) The patient's full name, Iowa residence address, date
of birth, and telephone number.
(2) A copy of the patient's valid photograph
identification.
(3) Full name, address, and telephone number of the
patient's health care practitioner.
(4) Full name, residence address, date of birth, and
telephone number of each primary caregiver of the patient, if
any.
(5) Any other information required by rule.
e. Submits a medical cannabidiol registration card fee of
one hundred dollars to the department. If the patient attests
to receiving social security disability benefits, supplemental
security insurance payments, or being enrolled in the medical
assistance program, the fee shall be twenty=five dollars.
f. Has not been convicted of a disqualifying felony offense.
2. Patient card contents. A medical cannabidiol
registration card issued to a patient by the department of
transportation pursuant to subsection 1 shall contain, at a
minimum, all of the following:
a. The patient's full name, Iowa residence address, and date
of birth.
b. The patient's photograph.
c. The date of issuance and expiration date of the medical
cannabidiol registration card.
d. Any other information required by rule.
3. Issuance to primary caregiver. For a patient in a
primary caregiver's care, subject to subsection 7, the
department may approve the issuance of a medical cannabidiol
registration card by the department of transportation to the
primary caregiver who:
a. Submits a written certification to the department signed
by the patient's health care practitioner that the patient in
the primary caregiver's care is suffering from a debilitating
medical condition.
b. Submits an application to the department, on a form
created by the department, in consultation with the department
of transportation, that contains all of the following:
(1) The primary caregiver's full name, residence address,
date of birth, and telephone number.
(2) The patient's full name.
(3) A copy of the primary caregiver's valid photograph
identification.
(4) Full name, address, and telephone number of the
patient's health care practitioner.
(5) Any other information required by rule.
c. Has not been convicted of a disqualifying felony offense.
d. Submits a medical cannabidiol registration card fee of
twenty=five dollars to the department.
4. Primary caregiver card contents. A medical cannabidiol
registration card issued by the department of transportation to
a primary caregiver pursuant to subsection 3 shall contain, at
a minimum, all of the following:
a. The primary caregiver's full name, residence address, and
date of birth.
b. The primary caregiver's photograph.
c. The date of issuance and expiration date of the
registration card.
d. The medical cannabidiol registration card number of each
patient in the primary caregiver's care. If the patient in the
primary caregiver's care is under the age of eighteen, the full
name of the patient's parent or legal guardian.
e. Any other information required by rule.
5. Expiration date of card. A medical cannabidiol
registration card issued pursuant to this section shall expire
one year after the date of issuance and may be renewed.
6. Card issuance ==== department of transportation. The
department may enter into a chapter 28E agreement with the
department of transportation to facilitate the issuance of
medical cannabidiol registration cards pursuant to subsections
1 and 3.
7. Federally approved clinical trials. The department shall
not approve the issuance of a medical cannabidiol registration
card pursuant to this section for a patient who is enrolled
in a federally approved clinical trial for the treatment of a
debilitating medical condition with medical cannabidiol.
Sec. 8. NEW SECTION. 124E.4A Medical cannabidiol board ====
duties.
1. a. A medical cannabidiol board is created consisting of
eight practitioners representing the fields of neurology, pain
management, gastroenterology, oncology, psychiatry, pediatrics,
family medicine, and pharmacy, and one representative from law
enforcement.
b. The practitioners shall be licensed in this state and
nationally board=certified in their area of specialty and
knowledgeable about the use of medical cannabidiol.
c. Applicants for membership on the board shall submit a
membership application to the department and the governor shall
appoint members from the applicant pool.
d. For purposes of this subsection, "representative from
law enforcement" means a regularly employed member of a police
force of a city or county, including a sheriff, or of the state
patrol, in this state, who is responsible for the prevention
and detection of crime and the enforcement of the criminal laws
of this state.
2. The medical cannabidiol board shall convene at least
twice but no more than four times per year.
3. The duties of the medical cannabidiol board shall include
but not be limited to the following:
a. Accepting and reviewing petitions to add medical
conditions, medical treatments, or debilitating diseases to the
list of debilitating medical conditions for which the medical
use of cannabidiol would be medically beneficial under this
chapter.
b. Making recommendations relating to the removal or
addition of debilitating medical conditions to the list of
allowable debilitating medical conditions for which the medical
use of cannabidiol under this chapter would be medically
beneficial.
c. Working with the department regarding the requirements
for the licensure of medical cannabidiol manufacturers
and medical cannabidiol dispensaries, including licensure
procedures.
d. Advising the department regarding the location of medical
cannabidiol manufacturers and medical cannabidiol dispensaries
throughout the state.
e. Making recommendations relating to the form and quantity
of allowable medical uses of cannabidiol.
4. Recommendations made by the medical cannabidiol board
pursuant to section 3, paragraphs "b" and "e", shall be made to
the board of medicine for consideration, and if approved, shall
be adopted by the board of medicine by rule.
5. On or before January 1 of each year, beginning January
1, 2018, the medical cannabidiol board shall submit a report
detailing the activities of the board.
6. The medical cannabidiol board may recommend a statutory
revision to the definition of medical cannabidiol contained in
this chapter that increases the tetrahydrocannabinol level to
more than three percent, however, any such recommendation shall
be submitted to the general assembly during the regular session
of the general assembly following such submission. The general
assembly shall have the sole authority to revise the definition
of medical cannabidiol for purposes of this chapter.
Sec. 9. NEW SECTION. 124E.5 Medical cannabidiol
manufacturer licensure.
1. a. The department shall issue a request for proposals
to select and license by December 1, 2017, up to two medical
cannabidiol manufacturers to manufacture and to possess,
cultivate, harvest, transport, package, process, or supply
medical cannabidiol within this state consistent with the
provisions of this chapter. The department shall license new
medical cannabidiol manufacturers or relicense the existing
medical cannabidiol manufacturers by December 1 of each year.
b. Information submitted during the application process
shall be confidential until a medical cannabidiol manufacturer
is licensed by the department unless otherwise protected from
disclosure under state or federal law.
2. As a condition for licensure, a medical cannabidiol
manufacturer must agree to begin supplying medical cannabidiol
to medical cannabidiol dispensaries in this state no later than
December 1, 2018.
3. The department shall consider the following factors in
determining whether to select and license a medical cannabidiol
manufacturer:
a. The technical expertise of the medical cannabidiol
manufacturer regarding medical cannabidiol.
b. The qualifications of the medical cannabidiol
manufacturer's employees.
c. The long=term financial stability of the medical
cannabidiol manufacturer.
d. The ability to provide appropriate security measures on
the premises of the medical cannabidiol manufacturer.
e. Whether the medical cannabidiol manufacturer has
demonstrated an ability to meet certain medical cannabidiol
production needs for medical use regarding the range of
recommended dosages for each debilitating medical condition,
the range of chemical compositions of any plant of the genus
cannabis that will likely be medically beneficial for each
of the debilitating medical conditions, and the form of the
medical cannabidiol in the manner determined by the department
pursuant to rule.
f. The medical cannabidiol manufacturer's projection of
and ongoing assessment of fees on patients with debilitating
medical conditions.
4. The department shall require each medical cannabidiol
manufacturer to contract with the state hygienic laboratory at
the university of Iowa in Iowa City or an independent medical
cannabidiol testing laboratory to perform spot=check testing
of the medical cannabidiol produced by the manufacturer as
provided in section 124E.6. The department shall require that
the laboratory report testing results to the manufacturer in a
manner determined by the department pursuant to rule.
5. Each entity submitting an application for licensure as
a medical cannabidiol manufacturer shall pay a nonrefundable
application fee of seven thousand five hundred dollars to the
department.
Sec. 10. NEW SECTION. 124E.6 Medical cannabidiol
manufacturers.
1. A medical cannabidiol manufacturer shall contract with
the state hygienic laboratory at the university of Iowa in Iowa
City or an independent medical cannabidiol testing laboratory
to perform spot=check testing of the medical cannabidiol
manufactured by the medical cannabidiol manufacturer as to
content, contamination, and consistency. The cost of all
laboratory testing shall be paid by the medical cannabidiol
manufacturer.
2. The operating documents of a medical cannabidiol
manufacturer shall include all of the following:
a. Procedures for the oversight of the medical cannabidiol
manufacturer and procedures to ensure accurate recordkeeping.
b. Procedures for the implementation of appropriate security
measures to deter and prevent the theft of medical cannabidiol
and unauthorized entrance into areas containing medical
cannabidiol.
3. A medical cannabidiol manufacturer shall implement
security requirements, including requirements for protection
of each location by a fully operational security alarm system,
facility access controls, perimeter intrusion detection
systems, and a personnel identification system.
4. A medical cannabidiol manufacturer shall not share
office space with, refer patients to, or have any financial
relationship with a health care practitioner.
5. A medical cannabidiol manufacturer shall not permit any
person to consume medical cannabidiol on the property of the
medical cannabidiol manufacturer.
6. A medical cannabidiol manufacturer is subject to
reasonable inspection by the department.
7. A medical cannabidiol manufacturer shall not employ
a person who is under eighteen years of age or who has been
convicted of a disqualifying felony offense. An employee
of a medical cannabidiol manufacturer shall be subject to a
background investigation conducted by the division of criminal
investigation of the department of public safety and a national
criminal history background check.
8. A medical cannabidiol manufacturer owner shall not have
been convicted of a disqualifying felony offense and shall be
subject to a background investigation conducted by the division
of criminal investigation of the department of public safety
and a national criminal history background check.
9. A medical cannabidiol manufacturer shall not operate at
the same physical location as a medical cannabidiol dispensary.
10. A medical cannabidiol manufacturer shall not operate
in any location, whether for manufacturing, possessing,
cultivating, harvesting, transporting, packaging, processing,
or supplying, within one thousand feet of a public or private
school existing before the date of the medical cannabidiol
manufacturer's licensure by the department.
11. A medical cannabidiol manufacturer shall comply
with reasonable restrictions set by the department relating
to signage, marketing, display, and advertising of medical
cannabidiol.
12. a. A medical cannabidiol manufacturer shall provide a
reliable and ongoing supply of medical cannabidiol to medical
cannabidiol dispensaries pursuant to this chapter.
b. All manufacturing, cultivating, harvesting, packaging,
and processing of medical cannabidiol shall take place in an
enclosed, locked facility at a physical address provided to the
department during the licensure process.
c. A medical cannabidiol manufacturer shall not manufacture
edible medical cannabidiol products.
Sec. 11. NEW SECTION. 124E.7 Medical cannabidiol dispensary
licensure.
1. a. The department shall issue a request for proposals
to select and license by April 1, 2018, up to five medical
cannabidiol dispensaries to dispense medical cannabidiol within
this state consistent with the provisions of this chapter. The
department shall license new medical cannabidiol dispensaries
or relicense the existing medical cannabidiol dispensaries by
December 1 of each year.
b. Information submitted during the application process
shall be confidential until a medical cannabidiol dispensary
is licensed by the department unless otherwise protected from
disclosure under state or federal law.
2. As a condition for licensure, a medical cannabidiol
dispensary must agree to begin supplying medical cannabidiol to
patients by December 1, 2018.
3. The department shall consider the following factors in
determining whether to select and license a medical cannabidiol
dispensary:
a. The technical expertise of the medical cannabidiol
dispensary regarding medical cannabidiol.
b. The qualifications of the medical cannabidiol
dispensary's employees.
c. The long=term financial stability of the medical
cannabidiol dispensary.
d. The ability to provide appropriate security measures on
the premises of the medical cannabidiol dispensary.
e. The medical cannabidiol dispensary's projection and
ongoing assessment of fees for the purchase of medical
cannabidiol on patients with debilitating medical conditions.
4. Each entity submitting an application for licensure as
a medical cannabidiol dispensary shall pay a nonrefundable
application fee of five thousand dollars to the department.
Sec. 12. NEW SECTION. 124E.8 Medical cannabidiol
dispensaries.
1. a. The medical cannabidiol dispensaries shall be located
based on geographical need throughout the state to improve
patient access.
b. A medical cannabidiol dispensary may dispense medical
cannabidiol pursuant to the provisions of this chapter but
shall not dispense any medical cannabidiol in a form or
quantity other than the form or quantity allowed by the
department pursuant to rule.
2. The operating documents of a medical cannabidiol
dispensary shall include all of the following:
a. Procedures for the oversight of the medical cannabidiol
dispensary and procedures to ensure accurate recordkeeping.
b. Procedures for the implementation of appropriate security
measures to deter and prevent the theft of medical cannabidiol
and unauthorized entrance into areas containing medical
cannabidiol.
3. A medical cannabidiol dispensary shall implement
security requirements, including requirements for protection
by a fully operational security alarm system, facility
access controls, perimeter intrusion detection systems, and a
personnel identification system.
4. A medical cannabidiol dispensary shall not share
office space with, refer patients to, or have any financial
relationship with a health care practitioner.
5. A medical cannabidiol dispensary shall not permit any
person to consume medical cannabidiol on the property of the
medical cannabidiol dispensary.
6. A medical cannabidiol dispensary is subject to
reasonable inspection by the department.
7. A medical cannabidiol dispensary shall not employ a
person who is under eighteen years of age or who has been
convicted of a disqualifying felony offense. An employee
of a medical cannabidiol dispensary shall be subject to a
background investigation conducted by the division of criminal
investigation of the department of public safety and a national
criminal history background check.
8. A medical cannabidiol dispensary owner shall not have
been convicted of a disqualifying felony offense and shall be
subject to a background investigation conducted by the division
of criminal investigation of the department of public safety
and a national criminal history background check.
9. A medical cannabidiol dispensary shall not operate at the
same physical location as a medical cannabidiol manufacturer.
10. A medical cannabidiol dispensary shall not operate in
any location within one thousand feet of a public or private
school existing before the date of the medical cannabidiol
dispensary's licensure by the department.
11. A medical cannabidiol dispensary shall comply with
reasonable restrictions set by the department relating to
signage, marketing, display, and advertising of medical
cannabidiol.
12. Prior to dispensing of any medical cannabidiol, a
medical cannabidiol dispensary shall do all of the following:
a. Verify that the medical cannabidiol dispensary has
received a valid medical cannabidiol registration card from a
patient or a patient's primary caregiver, if applicable.
b. Assign a tracking number to any medical cannabidiol
dispensed from the medical cannabidiol dispensary.
c. Properly package medical cannabidiol in compliance
with federal law regarding child resistant packaging and
exemptions for packaging for elderly patients, and label
medical cannabidiol with a list of all active ingredients and
individually identifying information.
Sec. 13. NEW SECTION. 124E.9 Fees.
Medical cannabidiol registration card fees and medical
cannabidiol manufacturer and medical cannabidiol dispensary
application and annual fees collected by the department
pursuant to this chapter shall be retained by the department,
shall be considered repayment receipts as defined in section
8.2, and shall be used for the purpose of regulating medical
cannabidiol manufacturers and medical cannabidiol dispensaries,
for the cost of salaries for two agents of the division of
criminal investigation of the department of public safety
to inspect medical cannabidiol manufacturers and medical
cannabidiol dispensaries, and for other expenses necessary for
the administration of this chapter.
Sec. 14. NEW SECTION. 124E.10 Department duties ==== rules.
1. a. The department shall maintain a confidential file
of the names of each patient to or for whom the department
issues a medical cannabidiol registration card and the name of
each primary caregiver to whom the department issues a medical
cannabidiol registration card under section 124E.4.
b. Individual names contained in the file shall be
confidential and shall not be subject to disclosure, except as
provided in subparagraph (1).
(1) Information in the confidential file maintained
pursuant to paragraph "a" may be released on an individual basis
to the following persons under the following circumstances:
(a) To authorized employees or agents of the department and
the department of transportation as necessary to perform the
duties of the department and the department of transportation
pursuant to this chapter.
(b) To authorized employees of law enforcement agencies
of a state or political subdivision thereof, but only for the
purpose of verifying that a person is lawfully in possession
of a medical cannabidiol registration card issued pursuant to
this chapter.
(c) To authorized employees of a medical cannabidiol
dispensary, but only for the purpose of verifying that a person
is lawfully in possession of a medical cannabidiol registration
card issued pursuant to this chapter.
(d) To any other authorized persons recognized by the
department by rule, but only for the purpose of verifying that
a person is lawfully in possession of a medical cannabidiol
registration card issued pursuant to this chapter.
(2) Release of information pursuant to subparagraph
(1) shall be consistent with the federal Health Insurance
Portability and Accountability Act of 1996, Pub. L. No.
104=191.
2. The department shall adopt rules pursuant to chapter
17A to administer this chapter which shall include but not be
limited to rules to do all of the following:
a. Govern the manner in which the department shall
consider applications for new and renewal medical cannabidiol
registration cards.
b. Ensure that the medical cannabidiol registration card
program operates on a self=sustaining basis.
c. Establish the form and quantity of medical cannabidiol
allowed to be dispensed to a patient or primary caregiver
pursuant to this chapter as appropriate to serve the medical
needs of patients with debilitating medical conditions, subject
to recommendation by the medical cannabidiol board and approval
by the board of medicine.
d. Establish requirements for the licensure of medical
cannabidiol manufacturers and medical cannabidiol dispensaries
and set forth procedures for medical cannabidiol manufacturers
and medical cannabidiol dispensaries to obtain licenses.
e. Develop a dispensing system for medical cannabidiol
within this state that provides for all of the following:
(1) Medical cannabidiol dispensaries within this state
housed on secured grounds and operated by licensed medical
cannabidiol dispensaries.
(2) The dispensing of medical cannabidiol to patients and
their primary caregivers to occur at locations designated by
the department.
f. Establish and collect annual fees from medical
cannabidiol manufacturers and medical cannabidiol dispensaries
to cover the costs associated with regulating and inspecting
medical cannabidiol manufacturers and medical cannabidiol
dispensaries.
g. Specify and implement procedures that address public
safety including security procedures and product quality
including measures to ensure contaminant=free cultivation of
medical cannabidiol, safety, and labeling.
h. Establish and implement a real=time, statewide
medical cannabidiol registry management sale tracking system
that is available to medical cannabidiol dispensaries on a
twenty=four=hour=a=day, seven=day=a=week basis for the purpose
of verifying that a person is lawfully in possession of a
medical cannabidiol registration card issued pursuant to this
chapter and for tracking the date of the sale and quantity
of medical cannabidiol purchased by a patient or a primary
caregiver.
i. Establish and implement a medical cannabidiol inventory
and delivery tracking system to track medical cannabidiol
from production by a medical cannabidiol manufacturer through
dispensing at a medical cannabidiol dispensary.
Sec. 15. NEW SECTION. 124E.11 Use of medical cannabidiol
==== affirmative defenses.
1. A health care practitioner, including any authorized
agent or employee thereof, shall not be subject to
prosecution for the unlawful certification, possession, or
administration of marijuana under the laws of this state for
activities arising directly out of or directly related to the
certification or use of medical cannabidiol in the treatment
of a patient diagnosed with a debilitating medical condition
as authorized by this chapter.
2. A medical cannabidiol manufacturer, including any
authorized agent or employee thereof, shall not be subject
to prosecution for manufacturing, possessing, cultivating,
harvesting, transporting, packaging, processing, or supplying
medical cannabidiol pursuant to this chapter.
3. A medical cannabidiol dispensary, including any
authorized agent or employee thereof, shall not be subject to
prosecution for dispensing medical cannabidiol pursuant to this
chapter.
4. a. In a prosecution for the unlawful possession of
marijuana under the laws of this state for the possession of
medical cannabidiol, including but not limited to chapters
124 and 453B, it is an affirmative and complete defense to
the prosecution that the patient has been diagnosed with a
debilitating medical condition, used or possessed medical
cannabidiol pursuant to a certification by a health care
practitioner as authorized under this chapter, and, for a
patient eighteen years of age or older, is in possession of a
valid medical cannabidiol registration card issued pursuant to
this chapter.
b. In a prosecution for the unlawful possession of
marijuana under the laws of this state for the possession of
medical cannabidiol, including but not limited to chapters
124 and 453B, it is an affirmative and complete defense to
the prosecution that the person possessed medical cannabidiol
because the person is a primary caregiver of a patient who
has been diagnosed with a debilitating medical condition and
is in possession of a valid medical cannabidiol registration
card issued pursuant to this chapter, and where the primary
caregiver's possession of the medical cannabidiol is on behalf
of the patient and for the patient's use only as authorized
under this chapter.
c. If a patient or primary caregiver is charged with the
unlawful possession of marijuana under the laws of this state
for the possession of medical cannabidiol, including but not
limited to chapters 124 and 453B, and is not in possession
of the person's medical cannabidiol registration card, any
charge or charges filed against the person for the possession
of medical cannabidiol shall be dismissed by the court if the
person produces to the court prior to or at the person's trial
a medical cannabidiol registration card issued to that person
and valid at the time the person was charged.
5. An agency of this state or a political subdivision
thereof, including any law enforcement agency, shall not remove
or initiate proceedings to remove a patient under the age
of eighteen from the home of a parent based solely upon the
parent's or patient's possession or use of medical cannabidiol
as authorized under this chapter.
6. The department, the department of transportation,
and any health care practitioner, including any authorized
agent or employee thereof, are not subject to any civil
or disciplinary penalties by the board of medicine or any
business, occupational, or professional licensing board or
entity, solely for activities conducted relating to a patient's
possession or use of medical cannabidiol as authorized under
this chapter. Nothing in this section affects a professional
licensing board from taking action in response to violations of
any other section of law.
7. Notwithstanding any law to the contrary, the department,
the department of transportation, the governor, or any employee
of any state agency shall not be held civilly or criminally
liable for any injury, loss of property, personal injury, or
death caused by any act or omission while acting within the
scope of office or employment as authorized under this chapter.
8. An attorney shall not be subject to disciplinary action
by the Iowa supreme court or attorney disciplinary board for
providing legal assistance to a patient, primary caregiver, or
others based upon a patient's or primary caregiver's possession
or use of medical cannabidiol as authorized under this chapter.
9. Possession of a medical cannabidiol registration card or
an application for a medical cannabidiol registration card by a
person entitled to possess or apply for a medical cannabidiol
registration card shall not constitute probable cause or
reasonable suspicion, and shall not be used to support a search
of the person or property of the person possessing or applying
for the medical cannabidiol registration card, or otherwise
subject the person or property of the person to inspection by
any governmental agency.
Sec. 16. NEW SECTION. 124E.12 Medical cannabidiol source.
Medical cannabidiol provided exclusively pursuant to a
written certification of a health care practitioner, if not
legally available in this state or from any other bordering
state, shall be obtained from an out=of=state source.
Sec. 17. NEW SECTION. 124E.13 Out=of=state medical
cannabidiol dispensaries.
The department of public health shall utilize a request for
proposals process to select and license by December 1, 2017,
up to two out=of=state medical cannabidiol dispensaries from a
bordering state to sell and dispense medical cannabidiol to a
patient or primary caregiver in possession of a valid medical
cannabidiol registration card issued under this chapter.
Sec. 18. NEW SECTION. 124E.14 Iowa patients and primary
caregivers registering in the state of Minnesota.
A patient or a primary caregiver with a valid medical
cannabidiol registration card issued pursuant to this chapter
may register in the state of Minnesota as a visiting qualified
patient or primary caregiver and may register with one or more
medical cannabis manufacturers registered under the laws of
Minnesota.
Sec. 19. NEW SECTION. 124E.15 Penalties.
1. A person who knowingly or intentionally possesses or uses
medical cannabidiol in violation of the requirements of this
chapter is subject to the penalties provided under chapters 124
and 453B.
2. A medical cannabidiol manufacturer or a medical
cannabidiol dispensary shall be assessed a civil penalty of up
to one thousand dollars per violation for any violation of this
chapter in addition to any other applicable penalties.
Sec. 20. NEW SECTION. 124E.16 Use of medical cannabidiol ====
smoking prohibited.
A patient shall not consume medical cannabidiol possessed
or used as authorized under this chapter by smoking medical
cannabidiol.
Sec. 21. NEW SECTION. 124E.17 Reciprocity.
A valid medical cannabidiol registration card, or its
equivalent, issued under the laws of another state that allows
an out=of=state patient to possess or use medical cannabidiol
in the jurisdiction of issuance shall have the same force and
effect as a valid medical cannabidiol registration card issued
pursuant to this chapter, except that an out=of=state patient
in this state shall not obtain medical cannabidiol from a
medical cannabidiol dispensary in this state.
Sec. 22. Section 730.5, subsection 11, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. f. Testing or taking action against an
individual with a confirmed positive test result due to the
individual's use of medical cannabidiol as authorized under
chapter 124E.
Sec. 23. REPEAL. Chapter 124D, Code 2017, is repealed.
Sec. 24. TRANSITION PROVISIONS. A medical cannabidiol
registration card issued under chapter 124D prior to the
effective date of this Act, remains effective and continues
in effect as issued for the twelve=month period following its
issuance. This Act does not preclude the medical cannabidiol
registration cardholder from seeking to renew the holder's
medical cannabidiol registration card under this Act prior to
the expiration of the twelve=month period.
Sec. 25. EFFECTIVE UPON ENACTMENT. This Act, being of
immediate importance, takes effect upon enactment.
LINDA UPMEYER
Speaker of the House
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 524, Eighty=seventh General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2017
TERRY E. BRANSTAD
Governor
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