Bill Text: IA SF104 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the compassionate use of medical cannabis Act, reclassifying marijuana, including tetrahydrocannabinols, from a schedule I controlled substance to a schedule II controlled substance, providing for civil and criminal penalties and fees, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-28 - Subcommittee: Shipley, Sinclair, and R. Taylor. S.J. 176. [SF104 Detail]
Download: Iowa-2019-SF104-Introduced.html
Senate
File
104
-
Introduced
SENATE
FILE
104
BY
GREENE
A
BILL
FOR
An
Act
relating
to
the
compassionate
use
of
medical
1
cannabis
Act,
reclassifying
marijuana,
including
2
tetrahydrocannabinols,
from
a
schedule
I
controlled
3
substance
to
a
schedule
II
controlled
substance,
providing
4
for
civil
and
criminal
penalties
and
fees,
and
including
5
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
Section
124.204,
subsection
4,
paragraphs
m
and
1
u,
Code
2019,
are
amended
by
striking
the
paragraphs.
2
Sec.
2.
Section
124.204,
subsection
7,
Code
2019,
is
amended
3
by
striking
the
subsection.
4
Sec.
3.
Section
124.206,
subsection
7,
Code
2019,
is
amended
5
to
read
as
follows:
6
7.
Hallucinogenic
substances.
Unless
specifically
excepted
7
or
unless
listed
in
another
schedule,
any
material,
compound,
8
mixture,
or
preparation
which
contains
any
quantity
of
the
9
following
substances
,
or,
for
purposes
of
paragraphs
“a”
and
10
“b”
,
which
contains
any
of
its
salts,
isomers,
or
salts
of
11
isomers
whenever
the
existence
of
such
salts,
isomers,
or
salts
12
of
isomers
is
possible
within
the
specific
chemical
designation
13
(for
purposes
of
this
paragraph
only,
the
term
“isomer”
14
includes
the
optical,
positional,
and
geometric
isomers)
:
15
a.
Marijuana
when
used
for
medicinal
purposes
pursuant
to
16
rules
of
the
board
.
17
b.
Tetrahydrocannabinols,
meaning
tetrahydrocannabinols
18
naturally
contained
in
a
plant
of
the
genus
cannabis
(cannabis
19
plant)
as
well
as
synthetic
equivalents
of
the
substances
20
contained
in
the
cannabis
plant,
or
in
the
resinous
extractives
21
of
such
plant,
and
synthetic
substances,
derivatives,
and
their
22
isomers
with
similar
chemical
structure
and
pharmacological
23
activity
to
those
substances
contained
in
the
plant,
such
as
24
the
following:
25
(1)
1
cis
or
trans
tetrahydrocannabinol,
and
their
optical
26
isomers.
27
(2)
6
cis
or
trans
tetrahydrocannabinol,
and
their
optical
28
isomers.
29
(3)
3,4
cis
or
trans
tetrahydrocannabinol,
and
their
30
optical
isomers.
(Since
nomenclature
of
these
substances
31
is
not
internationally
standardized,
compounds
of
these
32
structures,
regardless
of
numerical
designation
of
atomic
33
positions
covered.)
34
b.
c.
Nabilone
[another
name
for
nabilone:
(+-)
-
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trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
1
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one].
2
c.
d.
Dronabinol
[(-)-delta-9-trans-tetrahydrocannabinol]
3
in
an
oral
solution
in
a
drug
product
approved
for
marketing
by
4
the
United
States
food
and
drug
administration.
5
Sec.
4.
Section
124.401,
subsection
5,
unnumbered
paragraph
6
3,
Code
2019,
is
amended
to
read
as
follows:
7
A
person
may
knowingly
or
intentionally
recommend,
possess,
8
use,
dispense,
deliver,
transport,
or
administer
cannabidiol
9
medical
cannabis
if
the
recommendation,
possession,
use,
10
dispensing,
delivery,
transporting,
or
administering
is
in
11
accordance
with
the
provisions
of
chapter
124E
124F
.
For
12
purposes
of
this
paragraph,
“cannabidiol”
“medical
cannabis”
13
means
the
same
as
defined
in
section
124E.2
124F.2
.
14
Sec.
5.
NEW
SECTION
.
124F.1
Short
title.
15
This
chapter
shall
be
known
and
may
be
cited
as
the
16
“Compassionate
Use
of
Medical
Cannabis
Act”
.
17
Sec.
6.
NEW
SECTION
.
124F.2
Definitions.
18
As
used
in
this
chapter:
19
1.
“Debilitating
medical
condition”
means
any
of
the
20
following:
21
a.
Cancer,
if
the
underlying
condition
or
treatment
produces
22
one
or
more
of
the
following:
23
(1)
Intractable
pain.
24
(2)
Nausea
or
severe
vomiting.
25
(3)
Cachexia
or
severe
wasting.
26
b.
Multiple
sclerosis.
27
c.
Epilepsy
or
seizure
disorders.
28
d.
AIDS
or
HIV
as
defined
in
section
141A.1.
29
e.
Glaucoma.
30
f.
Hepatitis
C.
31
g.
Crohn’s
disease
or
ulcerative
colitis.
32
h.
Amyotrophic
lateral
sclerosis.
33
i.
Ehlers-Danlos
syndrome.
34
j.
Post-traumatic
stress
disorder.
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k.
Tourette’s
syndrome.
1
l.
Any
terminal
illness,
with
a
probable
life
expectancy
of
2
under
one
year,
if
the
illness
or
its
treatment
produces
one
or
3
more
of
the
following:
4
(1)
Intractable
pain.
5
(2)
Nausea
or
severe
vomiting.
6
(3)
Cachexia
or
severe
wasting.
7
m.
Intractable
pain.
8
n.
Parkinson’s
disease.
9
o.
Muscular
dystrophy.
10
p.
Huntington’s
disease.
11
q.
Alzheimer’s
disease.
12
r.
Complex
regional
pain
syndrome,
type
I
and
II.
13
s.
Rheumatoid
arthritis.
14
t.
Polyarteritis
nodosa.
15
u.
Any
other
chronic
or
debilitating
disease
or
medical
16
condition
or
its
medical
treatment
approved
by
the
department
17
pursuant
to
rule.
18
2.
“Department”
means
the
department
of
public
health.
19
3.
“Disqualifying
felony
offense”
means
a
violation
under
20
federal
or
state
law
of
a
felony
offense,
which
has
as
an
21
element
the
possession,
use,
or
distribution
of
a
controlled
22
substance,
as
defined
in
21
U.S.C.
§802(6).
23
4.
“Enclosed,
locked
facility”
means
a
closet,
room,
24
greenhouse,
or
other
enclosed
area
equipped
with
locks
or
25
other
security
devices
that
permit
access
only
by
authorized
26
personnel.
27
5.
“Health
care
practitioner”
means
an
individual
licensed
28
under
chapter
148
to
practice
medicine
and
surgery
or
29
osteopathic
medicine
and
surgery
or
an
individual
licensed
to
30
practice
medicine
in
any
other
state
who
provides
specialty
31
care
for
an
Iowa
resident
for
one
or
more
of
the
debilitating
32
medical
conditions
provided
in
this
chapter.
33
6.
“Intractable
pain”
means
a
pain
in
which
the
cause
of
the
34
pain
cannot
be
removed
or
otherwise
treated
with
the
consent
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of
the
patient
and
which,
in
the
generally
accepted
course
of
1
medical
practice,
no
relief
or
cure
of
the
cause
of
the
pain
2
is
possible,
or
none
has
been
found
after
reasonable
efforts.
3
Reasonable
efforts
for
relieving
or
curing
the
cause
of
the
4
pain
may
be
determined
on
the
basis
of
but
are
not
limited
to
5
any
of
the
following:
6
a.
When
treating
a
nonterminally
ill
patient
for
intractable
7
pain,
evaluation
by
the
attending
physician
and
one
or
more
8
physicians
specializing
in
pain
medicine
or
the
treatment
of
9
the
area,
system,
or
organ
of
the
body
perceived
as
the
source
10
of
the
pain.
11
b.
When
treating
a
terminally
ill
patient,
evaluation
by
12
the
attending
physician
who
does
so
in
accordance
with
the
13
level
of
care,
skill,
and
treatment
that
would
be
recognized
14
by
a
reasonably
prudent
physician
under
similar
conditions
and
15
circumstances.
16
7.
“Medical
cannabis”
means
any
species
of
the
genus
17
cannabis
plant,
or
any
mixture
or
preparation
of
them,
18
including
whole
plant
extracts
and
resins.
19
8.
“Medical
cannabis
dispensary”
means
an
entity
licensed
20
under
section
124F.8
that
acquires
medical
cannabis
from
a
21
medical
cannabis
manufacturer
in
this
state
for
the
purpose
22
of
dispensing
medical
cannabis
in
this
state
pursuant
to
this
23
chapter.
24
9.
“Medical
cannabis
manufacturer”
means
an
entity
licensed
25
under
section
124F.6
to
manufacture
and
to
possess,
cultivate,
26
transport,
or
supply
medical
cannabis
pursuant
to
the
27
provisions
of
this
chapter.
28
10.
“Primary
caregiver”
means
a
person,
at
least
eighteen
29
years
of
age,
who
has
been
designated
by
a
patient’s
health
30
care
practitioner
or
a
person
having
custody
of
a
patient,
as
31
a
necessary
caretaker
taking
responsibility
for
managing
the
32
well-being
of
the
patient
with
respect
to
the
use
of
medical
33
cannabis
pursuant
to
the
provisions
of
this
chapter.
34
11.
“Written
certification”
means
a
document
signed
by
a
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health
care
practitioner,
with
whom
the
patient
has
established
1
a
patient-provider
relationship,
which
states
that
the
patient
2
has
a
debilitating
medical
condition
and
identifies
that
3
condition
and
provides
any
other
relevant
information.
4
Sec.
7.
NEW
SECTION
.
124F.3
Health
care
practitioner
5
certification
——
duties.
6
1.
Prior
to
a
patient’s
submission
of
an
application
for
a
7
medical
cannabis
registration
card
pursuant
to
section
124F.4,
8
a
health
care
practitioner
shall
do
all
of
the
following:
9
a.
Determine,
in
the
health
care
practitioner’s
medical
10
judgment,
whether
the
patient
whom
the
health
care
practitioner
11
has
examined
and
treated
suffers
from
a
debilitating
medical
12
condition
that
qualifies
for
the
use
of
medical
cannabis
under
13
this
chapter,
and
if
so
determined,
provide
the
patient
with
a
14
written
certification
of
that
diagnosis.
15
b.
Provide
explanatory
information
as
provided
by
the
16
department
to
the
patient
about
the
therapeutic
use
of
medical
17
cannabis.
18
c.
Determine,
on
an
annual
basis,
if
the
patient
continues
19
to
suffer
from
a
debilitating
medical
condition
and,
if
so,
20
issue
the
patient
a
new
certification
of
that
diagnosis.
This
21
paragraph
shall
not
apply
if
the
patient
is
suffering
from
an
22
incurable
debilitating
medical
condition.
23
d.
Otherwise
comply
with
all
requirements
established
by
the
24
department
pursuant
to
rule.
25
2.
A
health
care
practitioner
may
provide,
but
has
no
duty
26
to
provide,
a
written
certification
pursuant
to
this
section.
27
Sec.
8.
NEW
SECTION
.
124F.4
Medical
cannabis
registration
28
card.
29
1.
Issuance
to
patient.
The
department
may
approve
the
30
issuance
of
a
medical
cannabis
registration
card
by
the
31
department
of
transportation
to
a
patient
who:
32
a.
Is
at
least
eighteen
years
of
age.
33
b.
Is
a
permanent
resident
of
this
state.
34
c.
Submits
a
written
certification
to
the
department
signed
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by
the
patient’s
health
care
practitioner
that
the
patient
is
1
suffering
from
a
debilitating
medical
condition.
2
d.
Submits
an
application
to
the
department,
on
a
form
3
created
by
the
department,
in
consultation
with
the
department
4
of
transportation,
that
contains
all
of
the
following:
5
(1)
The
patient’s
full
name,
Iowa
residence
address,
date
6
of
birth,
and
telephone
number.
7
(2)
A
copy
of
the
patient’s
valid
photograph
8
identification.
9
(3)
Full
name,
address,
and
telephone
number
of
the
10
patient’s
health
care
practitioner.
11
(4)
Full
name,
residence
address,
date
of
birth,
and
12
telephone
number
of
each
primary
caregiver
of
the
patient,
if
13
any.
14
(5)
Any
other
information
required
by
rule.
15
e.
Submits
a
medical
cannabis
registration
card
fee
of
one
16
hundred
dollars
to
the
department.
If
the
patient
attests
to
17
receiving
social
security
disability
benefits,
supplemental
18
security
insurance
payments,
or
being
enrolled
in
the
medical
19
assistance
program,
the
fee
shall
be
twenty-five
dollars.
20
2.
Patient
card
contents.
A
medical
cannabis
registration
21
card
issued
to
a
patient
by
the
department
of
transportation
22
pursuant
to
subsection
1
shall
contain,
at
a
minimum,
all
of
23
the
following:
24
a.
The
patient’s
full
name,
Iowa
residence
address,
and
date
25
of
birth.
26
b.
The
patient’s
photograph.
27
c.
The
date
of
issuance
and
expiration
of
the
registration
28
card.
29
d.
Any
other
information
required
by
rule.
30
3.
Issuance
to
primary
caregiver.
For
a
patient
in
a
31
primary
caregiver’s
care,
the
department
may
approve
the
32
issuance
of
a
medical
cannabis
registration
card
by
the
33
department
of
transportation
to
the
primary
caregiver
who:
34
a.
Submits
a
written
certification
to
the
department
signed
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by
the
patient’s
health
care
practitioner
that
the
patient
in
1
the
primary
caregiver’s
care
is
suffering
from
a
debilitating
2
medical
condition.
3
b.
Submits
an
application
to
the
department,
on
a
form
4
created
by
the
department,
in
consultation
with
the
department
5
of
transportation,
that
contains
all
of
the
following:
6
(1)
The
primary
caregiver’s
full
name,
residence
address,
7
date
of
birth,
and
telephone
number.
8
(2)
The
patient’s
full
name.
9
(3)
A
copy
of
the
primary
caregiver’s
valid
photograph
10
identification.
11
(4)
Full
name,
address,
and
telephone
number
of
the
12
patient’s
health
care
practitioner.
13
(5)
Any
other
information
required
by
rule.
14
c.
Submits
a
medical
cannabis
registration
card
fee
of
15
twenty-five
dollars
to
the
department.
16
4.
Primary
caregiver
card
contents.
A
medical
cannabis
17
registration
card
issued
by
the
department
of
transportation
to
18
a
primary
caregiver
pursuant
to
subsection
3
shall
contain,
at
19
a
minimum,
all
of
the
following:
20
a.
The
primary
caregiver’s
full
name,
residence
address,
and
21
date
of
birth.
22
b.
The
primary
caregiver’s
photograph.
23
c.
The
date
of
issuance
and
expiration
of
the
registration
24
card.
25
d.
The
registration
card
number
of
each
patient
in
the
26
primary
caregiver’s
care.
If
the
patient
in
the
primary
27
caregiver’s
care
is
under
the
age
of
eighteen,
the
full
name
of
28
the
patient’s
parent
or
legal
guardian.
29
e.
Any
other
information
required
by
rule.
30
5.
Expiration
date
of
card.
A
medical
cannabis
registration
31
card
issued
pursuant
to
this
section
shall
expire
one
year
32
after
the
date
of
issuance
and
may
be
renewed.
33
6.
Card
issuance
——
department
of
transportation.
34
a.
The
department
may
enter
into
a
chapter
28E
agreement
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with
the
department
of
transportation
to
facilitate
the
1
issuance
of
medical
cannabis
registration
cards
pursuant
to
2
subsections
1
and
3.
3
b.
The
department
of
transportation
may
issue
renewal
4
medical
cannabis
registration
cards
through
an
online
or
5
in-person
process.
6
Sec.
9.
NEW
SECTION
.
124F.5
Medical
advisory
board
——
7
duties.
8
1.
No
later
than
August
15,
2019,
the
director
of
public
9
health
shall
establish
a
medical
advisory
board
consisting
of
10
nine
practitioners
representing
the
fields
of
neurology,
pain
11
management,
gastroenterology,
oncology,
psychiatry,
pediatrics,
12
infectious
disease,
family
medicine,
and
pharmacy,
and
three
13
patients
or
primary
caregivers
with
valid
medical
cannabis
14
registration
cards.
The
practitioners
shall
be
nationally
15
board-certified
in
their
area
of
specialty
and
knowledgeable
16
about
the
use
of
medical
cannabis.
17
2.
A
quorum
of
the
advisory
board
shall
consist
of
seven
18
members.
19
3.
The
duties
of
the
advisory
board
shall
include
but
not
be
20
limited
to
the
following:
21
a.
Reviewing
and
recommending
to
the
department
for
22
approval
additional
chronic
or
debilitating
diseases
or
23
medical
conditions
or
their
treatments
as
debilitating
medical
24
conditions
that
qualify
for
the
use
of
medical
cannabis
under
25
this
chapter.
26
b.
Accepting
and
reviewing
petitions
to
add
chronic
or
27
debilitating
diseases
or
medical
conditions
or
their
medical
28
treatments
to
the
list
of
debilitating
medical
conditions
that
29
qualify
for
the
use
of
medical
cannabis
under
this
chapter.
30
c.
Working
with
the
department
regarding
the
requirements
31
for
the
licensure
of
medical
cannabis
manufacturers
and
medical
32
cannabis
dispensaries,
including
licensure
procedures.
33
d.
Advising
the
department
regarding
the
location
of
34
medical
cannabis
dispensaries
throughout
the
state,
the
form
35
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and
quantity
of
allowable
medical
cannabis
to
be
dispensed
1
to
a
patient
or
primary
caregiver,
and
the
general
oversight
2
of
medical
cannabis
manufacturers
and
medical
cannabis
3
dispensaries
in
this
state.
4
e.
Convening
at
least
twice
per
year
to
conduct
public
5
hearings
and
to
review
and
recommend
for
approval
petitions,
6
which
shall
be
maintained
as
confidential
personal
health
7
information,
to
add
chronic
or
debilitating
diseases
or
8
medical
conditions
or
their
medical
treatments
to
the
list
of
9
debilitating
medical
conditions
that
qualify
for
the
use
of
10
medical
cannabis
under
this
chapter.
11
f.
Recommending
improvements
relating
to
the
effectiveness
12
of
the
provisions
of
this
chapter.
13
g.
In
making
recommendations
pursuant
to
this
section,
14
consideration
of
the
economic
and
financial
impacts
on
patients
15
and
the
medical
cannabis
industry,
and
making
recommendations
16
that
minimize
the
extent
of
such
impacts
to
the
greatest
extent
17
practicable.
18
Sec.
10.
NEW
SECTION
.
124F.6
Medical
cannabis
manufacturer
19
licensure.
20
1.
a.
The
department
shall
license
up
to
four
medical
21
cannabis
manufacturers
to
manufacture
medical
cannabis
within
22
this
state
consistent
with
the
provisions
of
this
chapter
by
23
December
1,
2019.
The
department
shall
license
new
medical
24
cannabis
manufacturers
or
relicense
the
existing
medical
25
cannabis
manufacturers
by
December
1
of
each
year.
26
b.
Information
submitted
during
the
application
process
27
shall
be
confidential
until
the
medical
cannabis
manufacturer
28
is
licensed
by
the
department
unless
otherwise
protected
from
29
disclosure
under
state
or
federal
law.
30
2.
As
a
condition
for
licensure,
a
medical
cannabis
31
manufacturer
must
agree
to
begin
supplying
medical
cannabis
to
32
medical
cannabis
dispensaries
in
this
state
by
July
2,
2020.
33
3.
The
department
shall
consider
the
following
factors
in
34
determining
whether
to
license
a
medical
cannabis
manufacturer:
35
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a.
The
technical
expertise
of
the
medical
cannabis
1
manufacturer
regarding
medical
cannabis.
2
b.
The
qualifications
of
the
medical
cannabis
manufacturer’s
3
ownership
and
management
team.
4
c.
The
long-term
financial
stability
of
the
medical
cannabis
5
manufacturer.
6
d.
The
ability
to
provide
appropriate
security
measures
on
7
the
premises
of
the
medical
cannabis
manufacturer.
8
e.
Whether
the
medical
cannabis
manufacturer
has
9
demonstrated
an
ability
to
meet
certain
medical
cannabis
10
production
needs
for
medical
use
regarding
the
range
of
11
recommended
dosages
for
each
debilitating
medical
condition,
12
the
range
of
chemical
compositions
of
any
plant
of
the
genus
13
cannabis
that
will
likely
be
medically
beneficial
for
each
14
of
the
debilitating
medical
conditions,
and
the
form
of
the
15
medical
cannabis
in
the
manner
determined
by
the
department
16
pursuant
to
rule.
17
f.
The
medical
cannabis
manufacturer’s
projection
of
and
18
ongoing
assessment
of
fees
on
patients
with
debilitating
19
medical
conditions.
20
g.
The
medical
cannabis
manufacturer’s
experience
in
medical
21
cannabis
production,
plant
extraction,
and
pharmaceutical
22
formulations.
23
4.
The
department
shall
require
each
medical
cannabis
24
manufacturer
to
contract
with
a
laboratory
approved
by
the
25
department
to
test
the
medical
cannabis
produced
by
the
26
manufacturer.
The
department
shall
require
that
the
laboratory
27
report
testing
results
to
the
manufacturer
in
a
manner
28
determined
by
the
department
pursuant
to
rule.
29
5.
Each
entity
submitting
an
application
for
licensure
30
as
a
medical
cannabis
manufacturer
shall
pay
a
nonrefundable
31
application
fee
of
fifteen
thousand
dollars
to
the
department.
32
Sec.
11.
NEW
SECTION
.
124F.7
Medical
cannabis
33
manufacturers.
34
1.
A
medical
cannabis
manufacturer
shall
contract
with
a
35
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88
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104
laboratory
approved
by
the
department
for
purposes
of
testing
1
the
medical
cannabis
manufactured
by
the
medical
cannabis
2
manufacturer
as
to
content,
contamination,
and
consistency.
3
The
cost
of
all
laboratory
testing
shall
be
paid
by
the
medical
4
cannabis
manufacturer.
5
2.
The
operating
documents
of
a
medical
cannabis
6
manufacturer
shall
include
all
of
the
following:
7
a.
Procedures
for
the
oversight
of
the
medical
cannabis
8
manufacturer
and
procedures
to
ensure
accurate
recordkeeping.
9
b.
Procedures
for
the
implementation
of
appropriate
security
10
measures
to
deter
and
prevent
the
theft
of
medical
cannabis
and
11
unauthorized
entrance
into
areas
containing
medical
cannabis.
12
3.
A
medical
cannabis
manufacturer
shall
implement
security
13
requirements,
including
requirements
for
protection
of
each
14
location
by
a
fully
operational
security
alarm
system,
facility
15
access
controls,
perimeter
intrusion
detection
systems,
and
a
16
personnel
identification
system.
17
4.
A
medical
cannabis
manufacturer
shall
not
share
18
office
space
with,
refer
patients
to,
or
have
any
financial
19
relationship
with
a
health
care
practitioner.
20
5.
A
medical
cannabis
manufacturer
shall
not
permit
any
21
person
to
consume
medical
cannabis
on
the
property
of
the
22
medical
cannabis
manufacturer.
23
6.
A
medical
cannabis
manufacturer
is
subject
to
reasonable
24
inspection
by
the
department.
25
7.
A
medical
cannabis
manufacturer
shall
not
employ
a
26
person
who
is
under
eighteen
years
of
age
or
who
has
been
27
convicted
of
a
disqualifying
felony
offense.
An
employee
28
of
a
medical
cannabis
manufacturer
shall
be
subject
to
a
29
background
investigation
conducted
by
the
division
of
criminal
30
investigation
of
the
department
of
public
safety
and
a
national
31
criminal
history
background
check.
32
8.
A
medical
cannabis
manufacturer
shall
not
operate
in
any
33
location,
whether
for
manufacturing,
cultivating,
harvesting,
34
packaging,
or
processing,
within
one
thousand
feet
of
a
public
35
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30
S.F.
104
or
private
school
existing
before
the
date
of
the
medical
1
cannabis
manufacturer’s
licensure
by
the
department.
2
9.
A
medical
cannabis
manufacturer
shall
comply
with
3
reasonable
restrictions
set
by
the
department
relating
to
4
signage,
marketing,
display,
and
advertising
of
medical
5
cannabis.
6
10.
a.
A
medical
cannabis
manufacturer
shall
provide
a
7
reliable
and
ongoing
supply
of
medical
cannabis
to
medical
8
cannabis
dispensaries
pursuant
to
this
chapter.
9
b.
All
manufacturing,
cultivating,
harvesting,
packaging,
10
and
processing
of
medical
cannabis
shall
take
place
in
an
11
enclosed,
locked
facility
at
a
physical
address
provided
to
the
12
department
during
the
licensure
process.
13
c.
A
medical
cannabis
manufacturer
shall
not
manufacture
14
edible
medical
cannabis
products
utilizing
food
coloring.
15
d.
A
medical
cannabis
manufacturer
shall
manufacture
a
16
reliable
and
ongoing
supply
of
medical
cannabis
to
treat
every
17
debilitating
medical
condition
listed
in
this
chapter.
18
11.
The
department
shall
establish
and
collect
an
annual
19
fee
from
a
medical
cannabis
manufacturer
not
to
exceed
the
cost
20
of
regulating
and
inspecting
the
manufacturer
in
the
calendar
21
year.
22
Sec.
12.
NEW
SECTION
.
124F.8
Medical
cannabis
dispensary
23
licensure.
24
1.
a.
The
department
shall
license
by
April
2,
2020,
twelve
25
medical
cannabis
dispensaries
to
dispense
medical
cannabis
26
within
this
state
consistent
with
the
provisions
of
this
27
chapter.
The
department
shall
license
new
medical
cannabis
28
dispensaries
or
relicense
the
existing
medical
cannabis
29
dispensaries
by
December
1
of
each
year.
30
b.
Information
submitted
during
the
application
process
31
shall
be
confidential
until
the
medical
cannabis
dispensary
32
is
licensed
by
the
department
unless
otherwise
protected
from
33
disclosure
under
state
or
federal
law.
34
2.
As
a
condition
for
licensure,
a
medical
cannabis
35
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1600XS
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88
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12/
30
S.F.
104
dispensary
must
agree
to
begin
supplying
medical
cannabis
to
1
patients
by
July
16,
2020.
2
3.
The
department
shall
consider
the
following
factors
in
3
determining
whether
to
license
a
medical
cannabis
dispensary:
4
a.
The
technical
expertise
of
the
medical
cannabis
5
dispensary
regarding
medical
cannabis.
6
b.
The
qualifications
of
the
medical
cannabis
dispensary’s
7
owners
and
management
team.
8
c.
The
long-term
financial
stability
of
the
medical
cannabis
9
dispensary.
10
d.
The
ability
to
provide
appropriate
security
measures
on
11
the
premises
of
the
medical
cannabis
dispensary.
12
e.
The
medical
cannabis
dispensary’s
projection
and
ongoing
13
assessment
of
fees
for
the
purchase
of
medical
cannabis
on
14
patients
with
debilitating
medical
conditions.
15
4.
Each
entity
submitting
an
application
for
licensure
16
as
a
medical
cannabis
dispensary
shall
pay
a
nonrefundable
17
application
fee
of
fifteen
thousand
dollars
to
the
department.
18
Sec.
13.
NEW
SECTION
.
124F.9
Medical
cannabis
dispensaries.
19
1.
a.
Medical
cannabis
dispensaries
shall
be
located
based
20
on
geographical
need
throughout
the
state
to
improve
patient
21
access.
22
b.
A
medical
cannabis
dispensary
may
dispense
medical
23
cannabis
pursuant
to
the
provisions
of
this
chapter
but
shall
24
not
dispense
any
medical
cannabis
in
a
form
or
quantity
other
25
than
the
form
or
quantity
allowed
by
the
department
pursuant
26
to
rule.
27
2.
The
operating
documents
of
a
medical
cannabis
dispensary
28
shall
include
all
of
the
following:
29
a.
Procedures
for
the
oversight
of
the
medical
cannabis
30
dispensary
and
procedures
to
ensure
accurate
recordkeeping.
31
b.
Procedures
for
the
implementation
of
appropriate
security
32
measures
to
deter
and
prevent
the
theft
of
medical
cannabis
and
33
unauthorized
entrance
into
areas
containing
medical
cannabis.
34
3.
A
medical
cannabis
dispensary
shall
implement
security
35
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1600XS
(4)
88
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13/
30
S.F.
104
requirements,
including
requirements
for
protection
by
a
fully
1
operational
security
alarm
system,
facility
access
controls,
2
perimeter
intrusion
detection
systems,
and
a
personnel
3
identification
system.
4
4.
A
medical
cannabis
dispensary
shall
not
share
office
5
space
with,
refer
patients
to,
or
have
any
financial
6
relationship
with
a
health
care
practitioner.
7
5.
A
medical
cannabis
dispensary
shall
not
permit
any
person
8
to
consume
medical
cannabis
on
the
property
of
the
medical
9
cannabis
dispensary.
10
6.
A
medical
cannabis
dispensary
is
subject
to
reasonable
11
inspection
by
the
department.
12
7.
A
medical
cannabis
dispensary
shall
not
employ
a
13
person
who
is
under
eighteen
years
of
age
or
who
has
been
14
convicted
of
a
disqualifying
felony
offense.
An
employee
15
of
a
medical
cannabis
dispensary
shall
be
subject
to
a
16
background
investigation
conducted
by
the
division
of
criminal
17
investigation
of
the
department
of
public
safety
and
a
national
18
criminal
history
background
check.
19
8.
A
medical
cannabis
dispensary
shall
not
operate
in
any
20
location
within
one
thousand
feet
of
a
public
or
private
school
21
existing
before
the
date
of
the
medical
cannabis
dispensary’s
22
licensure
by
the
department.
23
9.
A
medical
cannabis
dispensary
shall
comply
with
24
reasonable
restrictions
set
by
the
department
relating
to
25
signage,
marketing,
display,
and
advertising
of
medical
26
cannabis.
27
10.
Prior
to
dispensing
of
any
medical
cannabis,
a
medical
28
cannabis
dispensary
shall
do
all
of
the
following:
29
a.
Verify
that
the
medical
cannabis
dispensary
has
received
30
a
valid
medical
cannabis
registration
card
from
a
patient
or
a
31
patient’s
primary
caregiver,
if
applicable.
32
b.
Assign
a
tracking
number
to
any
medical
cannabis
33
dispensed
from
the
medical
cannabis
dispensary.
34
c.
(1)
Properly
package
medical
cannabis
in
compliance
with
35
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88
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30
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104
federal
law
regarding
child
resistant
packaging
and
exemptions
1
for
packaging
for
elderly
patients,
and
label
medical
cannabis
2
with
a
list
of
all
active
ingredients
and
individually
3
identifying
information,
including
all
of
the
following:
4
(a)
The
name
and
date
of
birth
of
the
patient
and
the
5
patient’s
primary
caregiver,
if
appropriate.
6
(b)
The
medical
cannabis
registration
card
numbers
of
the
7
patient
and
the
patient’s
primary
caregiver,
if
applicable.
8
(c)
The
chemical
composition
of
the
medical
cannabis.
9
(2)
Proper
packaging
of
medical
cannabis
shall
include
but
10
not
be
limited
to
all
of
the
following:
11
(a)
Warning
labels
regarding
the
use
of
medical
cannabis
by
12
a
woman
during
pregnancy
and
while
breastfeeding.
13
(b)
Clearly
labeled
packaging
indicating
that
an
edible
14
medical
cannabis
product
contains
medical
cannabis
and
which
15
packaging
shall
not
imitate
candy
products
or
in
any
way
make
16
the
product
marketable
to
children.
17
Sec.
14.
NEW
SECTION
.
124F.10
Fees.
18
Medical
cannabis
registration
card
fees
and
medical
cannabis
19
manufacturer
and
medical
cannabis
dispensary
application
20
and
annual
fees
collected
by
the
department
pursuant
to
21
this
chapter
shall
be
retained
by
the
department,
shall
be
22
considered
repayment
receipts
as
defined
in
section
8.2,
and
23
shall
be
used
for
the
purpose
of
regulating
medical
cannabis
24
manufacturers
and
medical
cannabis
dispensaries
and
for
other
25
expenses
necessary
for
the
administration
of
this
chapter.
26
Sec.
15.
NEW
SECTION
.
124F.11
Department
duties
——
rules.
27
1.
a.
The
department
shall
maintain
a
confidential
file
of
28
the
names
of
each
patient
to
or
for
whom
the
department
issues
29
a
medical
cannabis
registration
card,
the
name
of
each
primary
30
caregiver
to
whom
the
department
issues
a
medical
cannabis
31
registration
card
under
section
124F.4,
and
the
names
of
each
32
health
care
practitioner
who
provides
a
written
certification
33
for
medical
cannabis
pursuant
to
this
chapter.
34
b.
Individual
names
contained
in
the
file
shall
be
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confidential
and
shall
not
be
subject
to
disclosure,
except
as
1
provided
in
subparagraph
(1).
2
(1)
Information
in
the
confidential
file
maintained
3
pursuant
to
paragraph
“a”
may
be
released
on
an
individual
basis
4
to
the
following
persons
under
the
following
circumstances:
5
(a)
To
authorized
employees
or
agents
of
the
department
and
6
the
department
of
transportation
as
necessary
to
perform
the
7
duties
of
the
department
and
the
department
of
transportation
8
pursuant
to
this
chapter.
9
(b)
To
authorized
employees
of
state
or
local
law
10
enforcement
agencies,
but
only
for
the
purpose
of
verifying
11
that
a
person
is
lawfully
in
possession
of
a
medical
cannabis
12
registration
card
issued
pursuant
to
this
chapter.
13
(c)
To
authorized
employees
of
a
medical
cannabis
14
dispensary,
but
only
for
the
purpose
of
verifying
that
a
person
15
is
lawfully
in
possession
of
a
medical
cannabis
registration
16
card
issued
pursuant
to
this
chapter.
17
(d)
To
any
other
authorized
persons
recognized
by
the
18
department
by
rule,
but
only
for
the
purpose
of
verifying
19
that
a
person
is
lawfully
in
possession
of
a
medical
cannabis
20
registration
card
issued
pursuant
to
this
chapter.
21
(2)
Release
of
information
pursuant
to
subparagraph
22
(1)
shall
be
consistent
with
the
federal
Health
Insurance
23
Portability
and
Accountability
Act
of
1996,
Pub.
L.
No.
24
104-191.
25
2.
The
department
shall
adopt
rules
pursuant
to
chapter
26
17A
to
administer
this
chapter
which
shall
include
but
not
be
27
limited
to
rules
to
do
all
of
the
following:
28
a.
Govern
the
manner
in
which
the
department
shall
consider
29
applications
for
new
and
renewal
medical
cannabis
registration
30
cards.
31
b.
Identify
criteria
and
set
forth
procedures
for
32
including
additional
chronic
or
debilitating
diseases
or
33
medical
conditions
or
their
medical
treatments
on
the
list
of
34
debilitating
medical
conditions
that
qualify
for
the
use
of
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medical
cannabis.
Procedures
shall
include
a
petition
process
1
and
shall
allow
for
public
comment
and
public
hearings
before
2
the
medical
advisory
board.
3
c.
Set
forth
additional
chronic
or
debilitating
diseases
4
or
medical
conditions
or
associated
medical
treatments
for
5
inclusion
on
the
list
of
debilitating
medical
conditions
that
6
qualify
for
the
use
of
medical
cannabis
as
recommended
by
the
7
medical
advisory
board.
8
d.
Establish,
in
consultation
with
medical
cannabis
9
manufacturers
and
medical
cannabis
dispensaries,
the
form
and
10
quantity
of
medical
cannabis
allowed
to
be
dispensed
to
a
11
patient
or
primary
caregiver
pursuant
to
this
chapter.
The
12
form
and
quantity
of
medical
cannabis
shall
be
appropriate
to
13
serve
the
medical
needs
of
patients
with
debilitating
medical
14
conditions.
15
e.
Establish,
in
conjunction
with
the
medical
advisory
16
board,
requirements
for
the
licensure
of
medical
cannabis
17
manufacturers
and
medical
cannabis
dispensaries
and
set
forth
18
procedures
for
medical
cannabis
manufacturers
and
medical
19
cannabis
dispensaries
to
obtain
licenses.
20
f.
Develop
a
dispensing
system
for
medical
cannabis
within
21
this
state
that
provides
for
all
of
the
following:
22
(1)
Medical
cannabis
dispensaries
within
this
state
housed
23
on
secured
grounds
and
operated
by
licensed
medical
cannabis
24
dispensaries.
25
(2)
The
dispensing
of
medical
cannabis
to
patients
and
26
their
primary
caregivers
to
occur
at
locations
designated
by
27
the
department.
28
g.
Establish
and
collect
annual
fees
from
medical
cannabis
29
manufacturers
and
medical
cannabis
dispensaries
to
cover
30
the
costs
associated
with
regulating
and
inspecting
medical
31
cannabis
manufacturers
and
medical
cannabis
dispensaries.
32
h.
Specify
and
implement
procedures
that
address
public
33
safety
including
security
procedures
and
product
quality
34
including
measures
to
ensure
contaminant-free
cultivation
of
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medical
cannabis,
safety,
and
labeling.
1
i.
Establish
and
implement
a
medical
cannabis
inventory
2
and
delivery
tracking
system
to
track
medical
cannabis
3
from
production
by
a
medical
cannabis
manufacturer
through
4
dispensing
at
a
medical
cannabis
dispensary.
5
Sec.
16.
NEW
SECTION
.
124F.12
Reciprocity.
6
A
valid
medical
cannabis
registration
card,
or
its
7
equivalent,
issued
under
the
laws
of
another
state
that
allows
8
an
out-of-state
patient
to
possess
or
use
medical
cannabis
in
9
the
jurisdiction
of
issuance
shall
have
the
same
force
and
10
effect
as
a
valid
medical
cannabis
registration
card
issued
11
pursuant
to
this
chapter,
except
that
an
out-of-state
patient
12
in
this
state
shall
not
obtain
medical
cannabis
from
a
medical
13
cannabis
dispensary
in
this
state
and
an
out-of-state
patient
14
shall
not
smoke
medical
cannabis.
15
Sec.
17.
NEW
SECTION
.
124F.13
Use
of
medical
cannabis
——
16
affirmative
defenses.
17
1.
A
health
care
practitioner,
including
any
authorized
18
agent
or
employee
thereof,
shall
not
be
subject
to
19
prosecution
for
the
unlawful
certification,
possession,
or
20
administration
of
marijuana
under
the
laws
of
this
state
for
21
activities
arising
directly
out
of
or
directly
related
to
the
22
certification
or
use
of
medical
cannabis
in
the
treatment
of
23
a
patient
diagnosed
with
a
debilitating
medical
condition
as
24
authorized
by
this
chapter.
25
2.
A
medical
cannabis
manufacturer,
including
any
26
authorized
agent
or
employee
thereof,
shall
not
be
subject
27
to
prosecution
for
manufacturing,
possessing,
cultivating,
28
harvesting,
packaging,
processing,
transporting,
or
supplying
29
medical
cannabis
pursuant
to
this
chapter.
30
3.
A
medical
cannabis
dispensary,
including
any
authorized
31
agent
or
employee
thereof,
shall
not
be
subject
to
prosecution
32
for
transporting,
supplying,
or
dispensing
medical
cannabis
33
pursuant
to
this
chapter.
34
a.
In
a
prosecution
for
the
unlawful
possession
of
marijuana
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under
the
laws
of
this
state,
including
but
not
limited
to
1
chapters
124
and
453B,
it
is
an
affirmative
and
complete
2
defense
to
the
prosecution
that
the
patient
has
been
diagnosed
3
with
a
debilitating
medical
condition,
used
or
possessed
4
medical
cannabis
pursuant
to
a
certification
by
a
health
care
5
practitioner
as
authorized
under
this
chapter,
and,
for
a
6
patient
eighteen
years
of
age
or
older,
is
in
possession
of
a
7
valid
medical
cannabis
registration
card.
8
b.
In
a
prosecution
for
the
unlawful
possession
of
marijuana
9
under
the
laws
of
this
state,
including
but
not
limited
to
10
chapters
124
and
453B,
it
is
an
affirmative
and
complete
11
defense
to
the
prosecution
that
the
person
possessed
medical
12
cannabis
because
the
person
is
a
primary
caregiver
of
a
patient
13
who
has
been
diagnosed
with
a
debilitating
medical
condition
14
and
is
in
possession
of
a
valid
medical
cannabis
registration
15
card,
and
where
the
primary
caregiver’s
possession
of
the
16
medical
cannabis
is
on
behalf
of
the
patient
and
for
the
17
patient’s
use
only
as
authorized
under
this
chapter.
18
c.
If
a
patient
or
primary
caregiver
is
charged
with
the
19
commission
of
a
crime
and
is
not
in
possession
of
the
person’s
20
medical
cannabis
registration
card,
any
charge
or
charges
filed
21
against
the
person
shall
be
dismissed
by
the
court
if
the
22
person
produces
to
the
court
prior
to
or
at
the
person’s
trial
23
a
medical
cannabis
registration
card
issued
to
that
person
and
24
valid
at
the
time
the
person
was
charged.
25
4.
An
agency
of
this
state
or
a
political
subdivision
26
thereof,
including
any
law
enforcement
agency,
shall
not
remove
27
or
initiate
proceedings
to
remove
a
patient
under
the
age
28
of
eighteen
from
the
home
of
a
parent
based
solely
upon
the
29
parent’s
or
patient’s
possession
or
use
of
medical
cannabis
as
30
authorized
under
this
chapter.
31
Sec.
18.
NEW
SECTION
.
124F.14
Penalties.
32
1.
A
person
who
knowingly
or
intentionally
possesses
or
33
uses
medical
cannabis
in
violation
of
the
requirements
of
this
34
chapter
is
subject
to
the
penalties
provided
under
chapters
124
35
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and
453B.
1
2.
A
medical
cannabis
manufacturer
or
a
medical
cannabis
2
dispensary
shall
be
assessed
a
civil
penalty
of
up
to
one
3
thousand
dollars
per
violation
for
any
violation
of
this
4
chapter
in
addition
to
any
other
applicable
penalties.
5
Sec.
19.
NEW
SECTION
.
124F.15
Use
of
medical
cannabis
——
6
smoking
prohibited.
7
A
patient
shall
not
consume
medical
cannabis
possessed
8
or
used
as
authorized
under
this
chapter
by
smoking
medical
9
cannabis.
10
Sec.
20.
NEW
SECTION
.
124F.16
Employment.
11
1.
An
employer
in
this
state
may
retain,
create,
reinstate,
12
or
enforce
a
written
zero
tolerance
policy
prohibiting
the
13
possession
or
use
of
medical
cannabis
or
any
derivative
14
thereof
including
cannabidiol
by
an
employee
in
the
employer’s
15
workplace,
including
but
not
limited
to
a
policy
prohibiting
16
an
employee
from
having
any
detectable
amount
of
medical
17
cannabis
or
any
derivative
thereof
including
cannabidiol
in
the
18
employee’s
body
while
at
work.
19
2.
An
employer’s
prohibition
of
the
possession
or
use
20
of
medical
cannabis
or
any
derivative
thereof
including
21
cannabidiol
under
this
section
shall
not
be
considered
to
be
22
an
unfair
or
discriminatory
employment
practice
under
section
23
216.6.
24
Sec.
21.
Section
730.5,
subsection
11,
paragraph
f,
Code
25
2019,
is
amended
to
read
as
follows:
26
f.
Testing
or
taking
action
against
an
employee
or
27
prospective
employee
with
a
confirmed
positive
test
result
due
28
to
the
employee’s
or
prospective
employee’s
use
of
medical
29
cannabidiol
cannabis
as
authorized
under
chapter
124E
124F
.
30
Sec.
22.
REPEAL.
Chapter
124E,
Code
2019,
is
repealed.
31
Sec.
23.
EMERGENCY
RULES.
The
department
may
adopt
32
emergency
rules
under
section
17A.4,
subsection
3,
and
section
33
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
34
of
this
division
of
this
Act
and
the
rules
shall
be
effective
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immediately
upon
filing
unless
a
later
date
is
specified
in
the
1
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
2
also
be
published
as
a
notice
of
intended
action
as
provided
3
in
section
17A.4.
4
Sec.
24.
TRANSITION
PROVISIONS.
5
1.
A
medical
cannabidiol
registration
card
issued
6
under
chapter
124E
prior
to
the
effective
date
of
this
Act
7
remains
effective
and
continues
in
effect
as
issued
for
the
8
twelve-month
period
following
its
issuance.
This
Act
does
not
9
preclude
a
medical
cannabidiol
registration
card
holder
from
10
seeking
to
renew
the
registration
card
prior
to
the
expiration
11
of
the
twelve-month
period.
12
2.
Members
of
the
medical
cannabidiol
board
created
in
13
section
124E.5
shall
continue
to
serve
until
the
appointment
of
14
the
medical
advisory
board
created
in
section
124F.5.
15
3.
Any
rule,
form,
order,
license,
or
directive
promulgated
16
by
the
medical
cannabidiol
board
created
in
section
124E.5,
or
17
by
the
department,
in
force
and
effect
immediately
prior
to
the
18
appointment
of
the
medical
advisory
board,
shall
continue
in
19
full
force
and
effect
until
the
earlier
of
the
following:
20
a.
It
is
amended,
rescinded,
or
supplemented
by
the
21
affirmative
actions
of
the
medical
advisory
board
or
the
22
department,
as
applicable.
23
b.
It
expires
by
its
own
terms.
24
4.
A
medical
cannabidiol
manufacturer
licensed
pursuant
25
to
section
124E.6
and
operating
immediately
prior
to
the
26
effective
date
of
this
Act
shall
operate
as
a
medical
cannabis
27
manufacturer
pursuant
to
section
124F.6
until
the
earlier
of
28
the
following:
29
a.
The
license
is
revoked
by
the
affirmative
action
of
the
30
department.
31
b.
The
license
expires
by
its
own
terms.
32
c.
The
medical
cannabidiol
manufacturer
becomes
licensed
as
33
a
medical
cannabis
manufacturer.
34
5.
A
medical
cannabidiol
dispensary
licensed
pursuant
to
35
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section
124E.8
and
operating
immediately
prior
to
the
effective
1
date
of
this
Act
shall
operate
as
a
medical
cannabis
dispensary
2
pursuant
to
section
124F.8
until
the
earlier
of
the
following:
3
a.
The
license
is
revoked
by
the
affirmative
action
of
the
4
department.
5
b.
The
license
expires
by
its
own
terms.
6
c.
The
medical
cannabidiol
dispensary
becomes
licensed
as
7
a
medical
cannabis
dispensary.
8
Sec.
25.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
9
of
immediate
importance,
takes
effect
upon
enactment.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
creates
the
compassionate
use
of
medical
cannabis
14
Act,
reclassifies
marijuana,
including
tetrahydrocannabinols,
15
from
a
schedule
I
controlled
substance
to
a
schedule
II
16
controlled
substance,
and
provides
for
civil
and
criminal
17
penalties
and
fees.
18
OVERVIEW.
The
bill
allows
a
patient
with
a
debilitating
19
medical
condition
who
receives
a
written
certification
from
20
the
patient’s
health
care
practitioner
that
the
patient
has
21
a
debilitating
medical
condition
and
who
submits
the
written
22
certification
along
with
an
application
to
the
department
of
23
public
health
(department)
for
a
medical
cannabis
registration
24
card
to
allow
for
the
lawful
use
of
medical
cannabis
to
treat
25
the
patient’s
debilitating
medical
condition.
A
patient
who
26
is
issued
a
medical
cannabis
registration
card
will
be
able
27
to
receive
medical
cannabis
directly
from
a
medical
cannabis
28
dispensary
operated
and
licensed
in
this
state.
29
RECLASSIFICATION.
The
bill
reclassifies
marijuana,
30
including
tetrahydrocannabinols
as
a
schedule
II
controlled
31
substance
instead
of
a
schedule
I
controlled
substance
and
32
strikes
references
to
the
authority
of
the
board
of
pharmacy
to
33
adopt
rules
for
the
use
of
marijuana
or
tetrahydrocannabinols
34
for
medicinal
purposes.
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A
schedule
I
controlled
substance
is
a
highly
addictive
1
substance
that
has
no
accepted
medical
use
in
the
United
States
2
and
a
schedule
II
controlled
substance
is
a
highly
addictive
3
substance
that
has
an
accepted
medical
use
in
the
United
4
States.
The
reclassification
of
marijuana
from
a
schedule
I
5
controlled
substance
to
a
schedule
II
controlled
substance
6
would
allow
a
physician
to
issue
a
prescription
for
marijuana
7
under
state
law.
However,
federal
regulations
may
prohibit
8
such
prescriptions.
9
The
penalties
remain
unchanged
for
violations
involving
10
marijuana
under
the
bill.
The
penalties
under
Code
section
11
124.401
range
from
a
class
“B”
felony
punishable
by
up
to
50
12
years
of
confinement
to
a
serious
misdemeanor
punishable
by
13
up
to
six
months
of
confinement
depending
on
the
amount
of
14
marijuana
involved
in
the
offense.
15
The
bill
amends
Code
section
124.401,
relating
to
prohibited
16
acts
involving
controlled
substances,
to
provide
that
it
is
17
lawful
for
a
person
to
knowingly
or
intentionally
recommend,
18
possess,
use,
dispense,
deliver,
transport,
or
administer
19
medical
cannabis
if
the
recommendation,
possession,
use,
20
dispensing,
delivery,
transporting,
or
administering
is
in
21
accordance
with
the
provisions
of
the
bill.
22
DEFINITIONS.
The
bill
provides
the
following
definitions:
23
“Debilitating
medical
condition”
means
cancer,
multiple
24
sclerosis,
epilepsy
or
seizure
disorders,
AIDS
or
HIV,
25
Hepatitis
C,
Crohn’s
disease
or
ulcerative
colitis,
amyotrophic
26
lateral
sclerosis,
intractable
pain,
glaucoma,
any
terminal
27
illness
with
a
probable
life
expectancy
of
under
one
year,
28
Ehlers-Danlos
syndrome,
post-traumatic
stress
disorder,
29
Tourette’s
syndrome,
and
any
other
chronic
or
debilitating
30
disease
or
medical
condition
or
its
medical
treatment
approved
31
by
the
department
by
rule.
32
“Health
care
practitioner”
means
an
individual
licensed
33
under
Code
chapter
148
to
practice
medicine
and
surgery
or
34
osteopathic
medicine
and
surgery
or
an
individual
licensed
to
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prescribe
medicine
in
any
other
state
who
provides
specialty
1
care
to
an
Iowa
resident
for
one
or
more
debilitating
medical
2
conditions
specified
in
the
bill.
3
“Medical
cannabis”
means
any
species
of
the
genus
cannabis
4
plant,
or
any
mixture
or
preparation
of
them,
including
whole
5
plant
extracts
and
resins.
6
“Medical
cannabis
manufacturer”
means
an
entity
licensed
7
by
the
department
to
manufacture
and
to
possess,
cultivate,
8
transport,
or
supply,
medical
cannabis
pursuant
to
the
bill.
9
“Medical
cannabis
dispensary”
means
an
entity
licensed
under
10
the
bill
that
acquires
medical
cannabis
from
a
medical
cannabis
11
manufacturer
in
this
state
for
the
purpose
of
dispensing
12
medical
cannabis
in
this
state
pursuant
to
the
bill.
13
“Primary
caregiver”
means
a
person,
at
least
18
years
of
age,
14
who
has
been
designated
by
a
patient’s
health
care
practitioner
15
or
a
person
having
custody
of
a
patient,
as
a
necessary
16
caretaker
taking
responsibility
for
managing
the
well-being
17
of
the
patient
with
respect
to
the
use
of
medical
cannabis
18
pursuant
to
the
bill.
19
“Written
certification”
means
a
document
signed
by
a
health
20
care
practitioner,
with
whom
the
patient
has
established
a
21
patient-provider
relationship,
which
states
that
the
patient
22
has
a
debilitating
medical
condition
and
which
identifies
that
23
condition,
and
provides
any
other
relevant
information.
24
HEALTH
CARE
PRACTITIONER
CERTIFICATION.
The
bill
provides
25
that
prior
to
a
patient’s
submission
of
an
application
26
for
a
medical
cannabis
registration
card,
if
a
health
care
27
practitioner
determines
that
the
patient
whom
the
health
28
care
practitioner
has
examined
and
treated
suffers
from
a
29
debilitating
medical
condition,
the
health
care
practitioner
30
may
provide
the
patient
with
a
written
certification
of
that
31
diagnosis.
The
health
care
practitioner
must
also
provide
32
explanatory
information
to
the
patient
about
the
therapeutic
33
use
of
medical
cannabis,
and
if
the
patient
continues
to
34
suffer
from
a
debilitating
medical
condition,
the
health
care
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practitioner
may
issue
the
patient
a
new
certification
of
1
that
diagnosis
on
an
annual
basis.
The
bill
specifies
that
2
a
health
care
practitioner
has
no
duty
to
provide
a
written
3
certification.
4
MEDICAL
CANNABIS
REGISTRATION
CARD
——
PATIENT
AND
PRIMARY
5
CAREGIVER.
The
department
may
approve
the
issuance
of
a
6
medical
cannabis
registration
card
to
a
patient
who
is
at
least
7
18
years
of
age
and
is
a
permanent
resident
of
this
state,
who
8
submits
a
written
certification
by
the
patient’s
health
care
9
practitioner
to
the
department,
and
who
submits
an
application
10
to
the
department
with
certain
information
along
with
a
medical
11
registration
card
fee.
The
department
may
also
approve
the
12
issuance
of
a
medical
cannabis
registration
card
to
a
primary
13
caregiver
who
is
at
least
18
years
of
age,
who
submits
a
14
written
certification
by
the
patient’s
health
care
practitioner
15
to
the
department
on
behalf
of
the
patient,
and
who
submits
an
16
application
to
the
department
with
certain
information
along
17
with
a
medical
cannabis
registration
card
fee.
A
medical
18
cannabis
registration
card
expires
one
year
after
the
date
of
19
issuance
and
may
be
renewed.
20
MEDICAL
ADVISORY
BOARD.
The
director
of
public
health
is
21
directed
to
establish
a
medical
advisory
board,
no
later
than
22
August
15,
2019,
to
consist
of
nine
practitioners
representing
23
the
fields
of
neurology,
pain
management,
gastroenterology,
24
oncology,
psychiatry,
pediatrics,
infectious
disease,
25
family
medicine,
and
pharmacy,
and
three
patients
or
primary
26
caregivers
with
valid
medical
cannabis
registration
cards.
The
27
duties
of
the
board
include
but
are
not
limited
to
reviewing
28
and
recommending
to
the
department
for
approval
additional
29
chronic
or
debilitating
diseases
or
medical
conditions
or
their
30
treatments
as
debilitating
medical
conditions
that
qualify
for
31
the
use
of
medical
cannabis
under
the
bill.
32
MEDICAL
CANNABIS
MANUFACTURERS
AND
MEDICAL
CANNABIS
33
DISPENSARIES
——
LICENSURE.
The
bill
requires
the
department
34
to
license
up
to
four
medical
cannabis
manufacturers
for
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the
manufacture
of
medical
cannabis
within
this
state
by
1
December
1,
2019,
and
to
license
twelve
medical
cannabis
2
dispensaries
by
April
2,
2020.
Information
submitted
during
3
the
application
process
is
confidential
until
the
medical
4
cannabis
manufacturer
or
the
medical
cannabis
dispensary
is
5
licensed
by
the
department
unless
otherwise
protected
from
6
disclosure
under
state
or
federal
law.
As
a
condition
for
7
licensure,
a
medical
cannabis
manufacturer
must
agree
to
begin
8
supplying
medical
cannabis
to
medical
cannabis
dispensaries
in
9
this
state
by
July
2,
2020,
and
a
medical
cannabis
dispensary
10
must
agree
to
begin
supplying
medical
cannabis
to
patients
by
11
July
16,
2020.
The
department
is
directed
to
consider
several
12
factors
in
determining
whether
to
license
a
medical
cannabis
13
manufacturer
and
a
medical
cannabis
dispensary
including
14
technical
expertise,
employee
qualifications,
financial
15
stability,
security
measures,
and
production
needs
and
16
capacity.
Each
medical
cannabis
manufacturer
is
required
to
17
contract
with
a
laboratory
approved
by
the
department
to
test
18
the
medical
cannabis
produced
by
the
manufacturer
and
to
report
19
testing
results
to
the
medical
cannabis
manufacturer.
Each
20
entity
submitting
an
application
for
licensure
as
a
medical
21
cannabis
manufacturer
shall
pay
a
nonrefundable
application
22
fee
of
$15,000
to
the
department
and
each
entity
submitting
23
an
application
for
licensure
as
a
medical
cannabis
dispensary
24
shall
pay
a
nonrefundable
application
fee
of
$15,000
to
the
25
department.
26
MEDICAL
CANNABIS
MANUFACTURERS
AND
MEDICAL
CANNABIS
27
DISPENSARIES
——
ADDITIONAL
PROVISIONS.
The
operating
28
documents
of
a
medical
cannabis
manufacturer
and
a
medical
29
cannabis
dispensary
shall
include
procedures
for
oversight
and
30
recordkeeping
activities
of
the
medical
cannabis
manufacturer
31
and
the
medical
cannabis
dispensary
and
certain
security
32
measures
undertaken
by
the
medical
cannabis
manufacturer
33
and
the
medical
cannabis
dispensary.
A
medical
cannabis
34
manufacturer
and
a
medical
cannabis
dispensary
are
prohibited
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from
sharing
office
space
with,
referring
patients
to,
1
or
having
a
financial
relationship
with
a
health
care
2
practitioner,
permitting
any
person
to
consume
medical
cannabis
3
on
the
property
of
the
medical
cannabis
manufacturer
or
the
4
medical
cannabis
dispensary,
employing
a
person
who
is
under
5
18
years
of
age
or
who
has
been
convicted
of
a
disqualifying
6
felony
offense,
and
from
operating
in
any
location
within
1,000
7
feet
of
a
public
or
private
school
existing
before
the
date
8
of
the
licensure
of
the
medical
cannabis
manufacturer
or
the
9
medical
cannabis
dispensary.
In
addition,
a
medical
cannabis
10
manufacturer
and
a
medical
cannabis
dispensary
are
subject
to
11
reasonable
inspection
and
certain
reasonable
restrictions.
12
A
medical
cannabis
manufacturer
is
required
to
provide
a
13
reliable
and
ongoing
supply
of
medical
cannabis
to
medical
14
cannabis
dispensaries
and
shall
not
manufacture
edible
medical
15
cannabis
products
utilizing
food
coloring.
All
manufacturing,
16
cultivating,
harvesting,
packaging,
and
processing
of
medical
17
cannabis
is
required
to
take
place
in
an
enclosed,
locked
18
facility.
19
Prior
to
dispensing
any
medical
cannabis,
a
medical
cannabis
20
dispensary
is
required
to
verify
that
the
medical
cannabis
21
dispensary
has
received
a
valid
medical
cannabis
registration
22
card
from
a
patient
or
a
patient’s
primary
caregiver,
if
23
applicable,
assign
a
tracking
number
to
any
medical
cannabis
24
dispensed
from
the
medical
cannabis
dispensary,
and
properly
25
package
and
label
medical
cannabis
in
compliance
with
the
26
provisions
of
the
bill
and
certain
federal
laws.
27
DEPARTMENT
DUTIES
——
CONFIDENTIALITY.
The
department
28
is
required
to
maintain
a
confidential
file
of
the
names
29
of
each
patient
and
primary
caregiver
issued
a
medical
30
cannabis
registration
card,
and
the
names
of
each
health
31
care
practitioner
who
provides
a
written
certification
for
32
medical
cannabis
under
the
bill.
Individual
names
contained
33
in
the
file
shall
be
confidential
and
shall
not
be
subject
to
34
disclosure,
except
that
information
in
the
confidential
file
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may
be
released
on
an
individual
basis
to
authorized
employees
1
or
agents
of
the
department,
the
department
of
transportation,
2
and
a
medical
cannabis
dispensary
as
necessary
to
perform
3
their
duties,
to
authorized
employees
of
state
or
local
law
4
enforcement
agencies
for
the
purpose
of
verifying
that
a
person
5
is
lawfully
in
possession
of
a
medical
cannabis
registration
6
card,
and
to
any
other
authorized
employees
for
the
purpose
of
7
verifying
that
a
person
is
lawfully
in
possession
of
a
medical
8
cannabis
registration
card.
Release
of
information
must
also
9
be
consistent
with
federal
Health
Insurance
Portability
and
10
Accountability
Act
regulations.
11
ADDITIONAL
DEPARTMENT
DUTIES
——
RULES.
The
bill
requires
12
the
department
to
adopt
rules
relating
to
the
manner
in
which
13
the
department
shall
consider
applications
for
new
and
renewal
14
medical
cannabis
registration
cards,
identify
criteria
and
15
set
forth
procedures
for
including
additional
chronic
or
16
debilitating
diseases
or
medical
conditions
or
their
medical
17
treatments
on
the
list
of
debilitating
medical
conditions,
18
establish
the
form
and
quantity
of
medical
cannabis
allowed
to
19
be
dispensed
to
a
patient
or
primary
caregiver
in
the
form
and
20
quantity
appropriate
to
serve
the
medical
needs
of
the
patient
21
with
the
debilitating
medical
condition,
establish
requirements
22
for
the
licensure
of
medical
cannabis
manufacturers
and
medical
23
cannabis
dispensaries,
develop
a
dispensing
system
for
medical
24
cannabis
within
this
state
that
follows
certain
requirements,
25
establish
and
implement
a
medical
cannabis
inventory
and
26
delivery
tracking
system,
and
specify
and
implement
procedures
27
that
address
public
safety
including
security
procedures
and
28
product
quality,
safety,
and
labeling.
29
RECIPROCITY.
The
bill
provides
that
a
valid
medical
30
cannabis
registration
card,
or
its
equivalent,
issued
under
31
the
laws
of
another
state
that
allows
an
out-of-state
patient
32
to
possess
or
use
medical
cannabis
in
the
jurisdiction
of
33
issuance
shall
have
the
same
force
and
effect
as
a
valid
34
medical
cannabis
card
issued
under
the
bill,
except
that
an
35
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out-of-state
patient
in
this
state
shall
not
obtain
medical
1
cannabis
from
a
medical
cannabis
dispensary
and
an
out-of-state
2
patient
shall
not
smoke
medical
cannabis
in
this
state.
3
USE
OF
MEDICAL
CANNABIS
——
SMOKING
PROHIBITED.
The
bill
4
provides
that
a
patient
shall
not
consume
the
medical
cannabis
5
by
smoking
the
medical
cannabis.
6
USE
OF
MEDICAL
CANNABIS
——
AFFIRMATIVE
DEFENSES.
The
bill
7
provides
prosecution
immunity
for
a
health
care
practitioner,
8
a
medical
cannabis
manufacturer,
and
a
medical
cannabis
9
dispensary,
including
any
authorized
agents
or
employees
of
the
10
health
care
practitioner,
medical
cannabis
manufacturer,
and
11
medical
cannabis
dispensary,
for
activities
undertaken
by
the
12
health
care
practitioner,
medical
cannabis
manufacturer,
and
13
medical
cannabis
dispensary
pursuant
to
the
provisions
of
the
14
bill.
15
The
bill
provides
that
in
a
prosecution
for
the
unlawful
16
possession
of
marijuana
under
the
laws
of
this
state,
17
including
but
not
limited
to
Code
chapters
124
(controlled
18
substances)
and
453B
(excise
tax
on
unlawful
dealing
in
19
certain
substances),
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
cannabis
pursuant
to
a
certification
by
a
health
23
care
practitioner,
and,
for
a
patient
age
18
or
older,
is
24
in
possession
of
a
valid
medical
cannabis
registration
25
card.
The
bill
provides
a
similar
affirmative
defense
for
a
26
primary
caretaker
of
a
patient
who
has
been
diagnosed
with
a
27
debilitating
medical
condition
who
is
in
possession
of
a
valid
28
medical
cannabis
registration
card.
29
The
bill
provides
that
an
agency
of
this
state
or
a
political
30
subdivision
thereof,
including
any
law
enforcement
agency,
31
shall
not
remove
or
initiate
proceedings
to
remove
a
patient
32
under
the
age
of
18
from
the
home
of
a
parent
based
solely
upon
33
the
parent’s
or
patient’s
possession
or
use
of
medical
cannabis
34
as
authorized
under
the
bill.
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104
PENALTIES.
The
bill
provides
that
a
person
who
knowingly
or
1
intentionally
possesses
or
uses
medical
cannabis
in
violation
2
of
the
requirements
of
the
bill
is
subject
to
the
penalties
3
provided
under
Code
chapters
124
and
453B.
In
addition,
a
4
medical
cannabis
manufacturer
or
a
medical
cannabis
dispensary
5
shall
be
assessed
a
civil
penalty
of
up
to
$1,000
per
violation
6
for
any
violation
of
the
bill
in
addition
to
any
other
7
applicable
penalties.
8
REPEAL.
The
bill
repeals
Code
chapter
124E,
the
medical
9
cannabidiol
Act.
10
EMERGENCY
RULES.
The
bill
provides
that
the
department
11
may
adopt
emergency
rules
and
the
rules
shall
be
effective
12
immediately
upon
filing
unless
a
later
date
is
specified
in
the
13
rules.
14
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
15
TRANSITION
PROVISIONS.
The
bill
provides
that
a
medical
16
cannabis
registration
card
issued
under
Code
chapter
124E
17
(medical
cannabidiol
Act)
prior
to
the
effective
date
of
the
18
bill,
shall
remain
effective
and
continues
in
effect
as
issued
19
for
the
12-month
period
following
its
issuance.
The
bill
also
20
provides
that
members
of
the
medical
cannabidiol
board
shall
21
continue
to
serve
until
the
appointment
of
the
medical
advisory
22
board
and
that
rules,
forms,
orders,
licenses,
and
directives
23
promulgated
by
the
medical
cannabidiol
board
that
are
in
force
24
and
effect
immediately
prior
to
the
appointment
of
the
medical
25
advisory
board
shall
remain
in
full
force
and
effect
until
26
amended,
rescinded,
or
supplemented
by
affirmative
actions
of
27
the
medical
advisory
board
or
they
expire
by
their
own
terms.
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