Bill Text: IA SF205 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the medical cannabis Act, reclassifying marijuana, including tetrahydrocannabinols, from a schedule I controlled substance to a schedule II controlled substance, and providing for civil and criminal penalties and fees.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2017-02-15 - Subcommittee: Chelgren, Bolkcom, and Chapman. S.J. 301. [SF205 Detail]

Download: Iowa-2017-SF205-Introduced.html

Senate File 205 - Introduced




                                 SENATE FILE       
                                 BY  BOLKCOM, DOTZLER,
                                     HOGG, PETERSEN,
                                     QUIRMBACH, BOULTON,
                                     TAYLOR, HART, ALLEN,
                                     JOCHUM, LYKAM, MATHIS,
                                     and RAGAN

                                      A BILL FOR

  1 An Act relating to the medical cannabis Act, reclassifying
  2    marijuana, including tetrahydrocannabinols, from a
  3    schedule I controlled substance to a schedule II controlled
  4    substance, and providing for civil and criminal penalties
  5    and fees.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1406XS (7) 87
    rh/rj

PAG LIN



  1  1    Section 1.  Section 124.204, subsection 4, paragraphs m and
  1  2 u, Code 2017, are amended by striking the paragraphs.
  1  3    Sec. 2.  Section 124.204, subsection 7, Code 2017, is amended
  1  4 by striking the subsection.
  1  5    Sec. 3.  Section 124.206, subsection 7, Code 2017, is amended
  1  6 to read as follows:
  1  7    7.  Hallucinogenic substances.  Unless specifically excepted
  1  8 or unless listed in another schedule, any material, compound,
  1  9 mixture, or preparation which contains any quantity of the
  1 10 following substances, or, for purposes of paragraphs "a" and
  1 11 "b", which contains any of its salts, isomers, or salts of
  1 12 isomers whenever the existence of such salts, isomers, or salts
  1 13 of isomers is possible within the specific chemical designation
  1 14 (for purposes of this paragraph only, the term "isomer" includes
  1 15 the optical, positional, and geometric isomers):
  1 16    a.  Marijuana when used for medicinal purposes pursuant to
  1 17 rules of the board.
  1 18    b.  Tetrahydrocannabinols, meaning tetrahydrocannabinols
  1 19 naturally contained in a plant of the genus Cannabis (Cannabis
  1 20 plant) as well as synthetic equivalents of the substances
  1 21 contained in the Cannabis plant, or in the resinous extractives
  1 22 of such plant, and synthetic substances, derivatives, and their
  1 23 isomers with similar chemical structure and pharmacological
  1 24 activity to those substances contained in the plant, such as
  1 25 the following:
  1 26    (1)  1 cis or trans tetrahydrocannabinol, and their optical
  1 27 isomers.
  1 28    (2)  6 cis or trans tetrahydrocannabinol, and their optical
  1 29 isomers.
  1 30    (3)  3,4 cis or trans tetrahydrocannabinol, and their
  1 31 optical isomers. (Since nomenclature of these substances
  1 32 is not internationally standardized, compounds of these
  1 33 structures, regardless of numerical designation of atomic
  1 34 positions covered.)
  1 35    b.  c.  Nabilone [another name for nabilone: (+=) =
  2  1 trans=3=(1,1=dimethylheptyl)=6,6a,7,8,10,10a=hexahydro=1=
  2  2 hydroxy=6,6=dimethyl=9H=dibenzo[b,d]pyran=9=one].
  2  3    Sec. 4.  Section 124.401, subsection 5, unnumbered paragraph
  2  4 3, Code 2017, is amended to read as follows:
  2  5    A person may knowingly or intentionally recommend the use
  2  6 of, process, produce, package, possess, cultivate, harvest,
  2  7  use, dispense, deliver, transport, supply, or administer
  2  8 cannabidiol medical cannabis if the recommendation, processing,
  2  9 production, packaging, possession, use, cultivating,
  2 10 harvesting, dispensing, delivery, transporting, supplying, or
  2 11 administering is in accordance with the provisions of chapter
  2 12 124D 124E.  For purposes of this paragraph, "cannabidiol"
  2 13 "medical cannabis" means the same as defined in section 124D.2
  2 14  124E.2.
  2 15    Sec. 5.  NEW SECTION.  124E.1  Short title.
  2 16    This chapter shall be known and may be cited as the "Medical
  2 17 Cannabis Act".
  2 18    Sec. 6.  NEW SECTION.  124E.2  Definitions.
  2 19    As used in this chapter:
  2 20    1.  "Debilitating medical condition" means any of the
  2 21 following:
  2 22    a.  Cancer.
  2 23    b.  Multiple sclerosis.
  2 24    c.  Epilepsy.
  2 25    d.  AIDS or HIV as defined in section 141A.1.
  2 26    e.  Glaucoma.
  2 27    f.  Hepatitis C.
  2 28    g.  Crohn's disease or ulcerative colitis.
  2 29    h.  Amyotrophic lateral sclerosis.
  2 30    i.  Ehlers=danlos syndrome.
  2 31    j.  Post=traumatic stress disorder.
  2 32    k.  Severe, chronic pain caused by an underlying medical
  2 33 condition that is not responsive to conventional treatment or
  2 34 conventional treatment that produces debilitating side effects.
  2 35    l.  Any other chronic or debilitating disease or medical
  3  1 condition or its medical treatment approved by the department
  3  2 pursuant to rule.
  3  3    2.  "Department" means the department of public health.
  3  4    3.  "Disqualifying felony offense" means a violation under
  3  5 federal or state law of a felony offense, which has as an
  3  6 element the possession, use, or distribution of a controlled
  3  7 substance, as defined in 21 U.S.C. {802(6).
  3  8    4.  "Enclosed, locked facility" means a closet, room,
  3  9 greenhouse, or other enclosed area equipped with locks or other
  3 10 security devices that permit access only by a cardholder.
  3 11    5.  "Health care practitioner" means an individual licensed
  3 12 under chapter 148 to practice medicine and surgery or
  3 13 osteopathic medicine and surgery, a physician assistant
  3 14 licensed under chapter 148C, or an advanced registered nurse
  3 15 practitioner licensed pursuant to chapter 152 or 152E.
  3 16    6.  "Medical cannabis" means any species of the genus
  3 17 Cannabis plant, or any mixture or preparation of them,
  3 18 including whole plant extracts and resins.
  3 19    7.  "Medical cannabis dispensary" means an entity licensed
  3 20 by the department that acquires medical cannabis from a
  3 21 medical cannabis manufacturer in this state for the purpose
  3 22 of dispensing medical cannabis in this state pursuant to this
  3 23 chapter.
  3 24    8.  "Medical cannabis manufacturer" means an entity licensed
  3 25 by the department to manufacture and to possess, cultivate,
  3 26 harvest, transport, package, process, or supply medical
  3 27 cannabis pursuant to the provisions of this chapter.
  3 28    9.  "Primary caregiver" means a person, at least eighteen
  3 29 years of age, who has been designated by a patient's health
  3 30 care practitioner or a person having custody of a patient, as
  3 31 a necessary caretaker taking responsibility for managing the
  3 32 well=being of the patient with respect to the use of medical
  3 33 cannabis pursuant to the provisions of this chapter.
  3 34    10.  "Written certification" means a document signed by a
  3 35 health care practitioner, with whom the patient has established
  4  1 a patient=provider relationship, which states that the patient
  4  2 has a debilitating medical condition and identifies that
  4  3 condition and provides any other relevant information.
  4  4    Sec. 7.  NEW SECTION.  124E.3  Health care practitioner
  4  5 certification ==== duties.
  4  6    1.  Prior to a patient's submission of an application for a
  4  7 medical cannabis card pursuant to section 124E.4, a health care
  4  8 practitioner shall do all of the following:
  4  9    a.  Determine, in the health care practitioner's medical
  4 10 judgment, whether the patient whom the health care practitioner
  4 11 has examined and treated suffers from a debilitating medical
  4 12 condition that qualifies for the use of medical cannabis under
  4 13 this chapter, and if so determined, provide the patient with a
  4 14 written certification of that diagnosis.
  4 15    b.  Provide explanatory information as provided by the
  4 16 department to the patient about the therapeutic use of medical
  4 17 cannabis.
  4 18    c.  Determine, on an annual basis, if the patient continues
  4 19 to suffer from a debilitating medical condition and, if so,
  4 20 issue the patient a new certification of that diagnosis.
  4 21    d.  Otherwise comply with all requirements established by the
  4 22 department pursuant to rule.
  4 23    2.  A health care practitioner may provide, but has no duty
  4 24 to provide, a written certification pursuant to this section.
  4 25    Sec. 8.  NEW SECTION.  124E.4  Medical cannabis registration
  4 26 card.
  4 27    1.  Issuance to patient.  The department may approve the
  4 28 issuance of a medical cannabis registration card by the
  4 29 department of transportation to a patient who:
  4 30    a.  Is at least eighteen years of age.
  4 31    b.  Is a permanent resident of this state.
  4 32    c.  Submits a written certification to the department signed
  4 33 by the patient's health care practitioner that the patient is
  4 34 suffering from a debilitating medical condition.
  4 35    d.  Submits an application to the department, on a form
  5  1 created by the department, in consultation with the department
  5  2 of transportation, that contains all of the following:
  5  3    (1)  The patient's full name, Iowa residence address, date
  5  4 of birth, and telephone number.
  5  5    (2)  A copy of the patient's valid photograph
  5  6 identification.
  5  7    (3)  Full name, address, and telephone number of the
  5  8 patient's health care practitioner.
  5  9    (4)  Full name, residence address, date of birth, and
  5 10 telephone number of each primary caregiver of the patient, if
  5 11 any.
  5 12    (5)  Any other information required by rule.
  5 13    e.  Submits a medical cannabis registration card fee of one
  5 14 hundred dollars to the department.  If the patient attests to
  5 15 receiving social security disability benefits, supplemental
  5 16 security insurance payments, or being enrolled in medical
  5 17 assistance, the fee shall be twenty=five dollars.
  5 18    2.  Patient card contents.  A medical cannabis registration
  5 19 card issued to a patient by the department of transportation
  5 20 pursuant to subsection 1 shall contain, at a minimum, all of
  5 21 the following:
  5 22    a.  The patient's full name, Iowa residence address, and date
  5 23 of birth.
  5 24    b.  The patient's photograph.
  5 25    c.  The date of issuance and expiration of the registration
  5 26 card.
  5 27    d.  Any other information required by rule.
  5 28    3.  Issuance to primary caregiver.  For a patient in a
  5 29 primary caregiver's care, the department may approve the
  5 30 issuance of a medical cannabis registration card by the
  5 31 department of transportation to the primary caregiver who:
  5 32    a.  Is at least eighteen years of age.
  5 33    b.  Submits a written certification to the department signed
  5 34 by the patient's health care practitioner that the patient in
  5 35 the primary caregiver's care is suffering from a debilitating
  6  1 medical condition.
  6  2    c.  Submits an application to the department, on a form
  6  3 created by the department, in consultation with the department
  6  4 of transportation, that contains all of the following:
  6  5    (1)  The primary caregiver's full name, residence address,
  6  6 date of birth, and telephone number.
  6  7    (2)  The patient's full name.
  6  8    (3)  A copy of the primary caregiver's valid photograph
  6  9 identification.
  6 10    (4)  Full name, address, and telephone number of the
  6 11 patient's health care practitioner.
  6 12    (5)  Any other information required by rule.
  6 13    d.  Submits a medical cannabis registration card fee of
  6 14 twenty=five dollars to the department.
  6 15    4.  Primary caregiver card contents.  A medical cannabis
  6 16 registration card issued by the department of transportation to
  6 17 a primary caregiver pursuant to subsection 3 shall contain, at
  6 18 a minimum, all of the following:
  6 19    a.  The primary caregiver's full name, residence address, and
  6 20 date of birth.
  6 21    b.  The primary caregiver's photo.
  6 22    c.  The date of issuance and expiration of the registration
  6 23 card.
  6 24    d.  The registration card number of each patient in the
  6 25 primary caregiver's care. If the patient in the primary
  6 26 caregiver's care is under the age of eighteen, the full name of
  6 27 the patient's parent or legal guardian.
  6 28    e.  Any other information required by rule.
  6 29    5.  Expiration date of card.  A medical cannabis registration
  6 30 card issued pursuant to this section shall expire one year
  6 31 after the date of issuance and may be renewed.
  6 32    6.  Card issuance ==== department of transportation.  The
  6 33 department may enter into a chapter 28E agreement with the
  6 34 department of transportation to facilitate the issuance of
  6 35 medical cannabis registration cards pursuant to subsections 1
  7  1 and 3.
  7  2    Sec. 9.  NEW SECTION.  124E.5  Medical advisory council====
  7  3 duties.
  7  4    1.  No later than August 15, 2017, the director of public
  7  5 health shall establish a medical advisory council consisting of
  7  6 nine practitioners representing the fields of neurology, pain
  7  7 management, gastroenterology, oncology, psychiatry, pediatrics,
  7  8 infectious disease, family medicine, and pharmacy, and three
  7  9 patients with valid medical cannabis registration cards. The
  7 10 practitioners shall be nationally board=certified in their
  7 11 area of specialty and knowledgeable about the use of medical
  7 12 cannabis.
  7 13    2.  A quorum of the advisory council shall consist of seven
  7 14 members.
  7 15    3.  The duties of the advisory council shall include but not
  7 16 be limited to the following:
  7 17    a.  Reviewing and recommending to the department for
  7 18 approval additional chronic or debilitating diseases or
  7 19 medical conditions or their treatments as debilitating medical
  7 20 conditions that qualify for the use of medical cannabis under
  7 21 this chapter.
  7 22    b.  Accepting and reviewing petitions to add chronic or
  7 23 debilitating diseases or medical conditions or their medical
  7 24 treatments to the list of debilitating medical conditions that
  7 25 qualify for the use of medical cannabis under this chapter.
  7 26    c.  Advising the department regarding the location of
  7 27 medical cannabis dispensaries throughout the state, the form
  7 28 and quantity of allowable medical cannabis to be dispensed
  7 29 to a patient or primary caregiver, and the general oversight
  7 30 of medical cannabis manufacturers and medical cannabis
  7 31 dispensaries in this state.
  7 32    d.  Convening at least twice per year to conduct public
  7 33 hearings and to review and recommend for approval petitions,
  7 34 which shall be maintained as confidential personal health
  7 35 information, to add chronic or debilitating diseases or
  8  1 medical conditions or their medical treatments to the list of
  8  2 debilitating medical conditions that qualify for the use of
  8  3 medical cannabis under this chapter.
  8  4    Sec. 10.  NEW SECTION.  124E.6  Medical cannabis manufacturer
  8  5 licensure.
  8  6    1.  a.  The department shall license four medical cannabis
  8  7 manufacturers to manufacture and to possess, cultivate,
  8  8 harvest, transport, package, process, or supply medical
  8  9 cannabis within this state consistent with the provisions of
  8 10 this chapter by December 1, 2017.  The department shall license
  8 11 new medical cannabis manufacturers or relicense the existing
  8 12 medical cannabis manufacturers by December 1 of each year.
  8 13    b.  Information submitted during the application process
  8 14 shall be confidential until the medical cannabis manufacturer
  8 15 is licensed by the department unless otherwise protected from
  8 16 disclosure under state or federal law.
  8 17    2.  As a condition for licensure, a medical cannabis
  8 18 manufacturer must agree to begin supplying medical cannabis to
  8 19 medical cannabis dispensaries in this state by July 1, 2018.
  8 20    3.  The department shall consider the following factors in
  8 21 determining whether to license a medical cannabis manufacturer:
  8 22    a.  The technical expertise of the medical cannabis
  8 23 manufacturer regarding medical cannabis.
  8 24    b.  The qualifications of the medical cannabis manufacturer's
  8 25 employees.
  8 26    c.  The long=term financial stability of the medical cannabis
  8 27 manufacturer.
  8 28    d.  The ability to provide appropriate security measures on
  8 29 the premises of the medical cannabis manufacturer.
  8 30    e.  Whether the medical cannabis manufacturer has
  8 31 demonstrated an ability to meet certain medical cannabis
  8 32 production needs for medical use regarding the range of
  8 33 recommended dosages for each debilitating medical condition,
  8 34 the range of chemical compositions of any plant of the genus
  8 35 cannabis that will likely be medically beneficial for each
  9  1 of the debilitating medical conditions, and the form of the
  9  2 medical cannabis in the manner determined by the department
  9  3 pursuant to rule.
  9  4    f.  The medical cannabis manufacturer's projection of and
  9  5 ongoing assessment of fees on patients with debilitating
  9  6 medical conditions.
  9  7    4.  The department shall require each medical cannabis
  9  8 manufacturer to contract with the state hygienic laboratory
  9  9 at the university of Iowa in Iowa City to test the medical
  9 10 cannabis produced by the manufacturer as provided in section
  9 11 124E.7.  The department shall require that the laboratory
  9 12 report testing results to the manufacturer in a manner
  9 13 determined by the department pursuant to rule.
  9 14    5.  Each entity submitting an application for licensure
  9 15 as a medical cannabis manufacturer shall pay a nonrefundable
  9 16 application fee of seven thousand five hundred dollars to the
  9 17 department.
  9 18    Sec. 11.  NEW SECTION.  124E.7  Medical cannabis
  9 19 manufacturers.
  9 20    1.  A medical cannabis manufacturer shall contract with the
  9 21 state hygienic laboratory at the university of Iowa in Iowa
  9 22 City for purposes of testing the medical cannabis manufactured
  9 23 by the medical cannabis manufacturer as to content,
  9 24 contamination, and consistency.  The cost of all laboratory
  9 25 testing shall be paid by the medical cannabis manufacturer.
  9 26    2.  The operating documents of a medical cannabis
  9 27 manufacturer shall include all of the following:
  9 28    a.  Procedures for the oversight of the medical cannabis
  9 29 manufacturer and procedures to ensure accurate recordkeeping.
  9 30    b.  Procedures for the implementation of appropriate security
  9 31 measures to deter and prevent the theft of medical cannabis and
  9 32 unauthorized entrance into areas containing medical cannabis.
  9 33    3.  A medical cannabis manufacturer shall implement security
  9 34 requirements, including requirements for protection of each
  9 35 location by a fully operational security alarm system, facility
 10  1 access controls, perimeter intrusion detection systems, and a
 10  2 personnel identification system.
 10  3    4.  A medical cannabis manufacturer shall not share
 10  4 office space with, refer patients to, or have any financial
 10  5 relationship with a health care practitioner.
 10  6    5.  A medical cannabis manufacturer shall not permit any
 10  7 person to consume medical cannabis on the property of the
 10  8 medical cannabis manufacturer.
 10  9    6.  A medical cannabis manufacturer is subject to reasonable
 10 10 inspection by the department.
 10 11    7.  A medical cannabis manufacturer shall not employ a
 10 12 person who is under eighteen years of age or who has been
 10 13 convicted of a disqualifying felony offense. An employee
 10 14 of a medical cannabis manufacturer shall be subject to a
 10 15 background investigation  conducted by the division of criminal
 10 16 investigation of the department of public safety and a national
 10 17 criminal history background check.
 10 18    8.  A medical cannabis manufacturer shall not operate in any
 10 19 location, whether for manufacturing, possessing, cultivating,
 10 20 harvesting, transporting, packaging, processing, or supplying
 10 21 within one thousand feet of a public or private school existing
 10 22 before the date of the medical cannabis manufacturer's
 10 23 licensure by the department.
 10 24    9.  A medical cannabis manufacturer shall comply with
 10 25 reasonable restrictions set by the department relating to
 10 26 signage, marketing, display, and advertising of medical
 10 27 cannabis.
 10 28    10.  a.  A medical cannabis manufacturer shall provide a
 10 29 reliable and ongoing supply of medical cannabis to medical
 10 30 cannabis dispensaries pursuant to this chapter.
 10 31    b.  All manufacturing, cultivating, harvesting, packaging,
 10 32 and processing of medical cannabis shall take place in an
 10 33 enclosed, locked facility at a physical address provided to the
 10 34 department during the licensure process.
 10 35    c.  A medical cannabis manufacturer shall not manufacture
 11  1 edible medical cannabis products utilizing food coloring.
 11  2    Sec. 12.  NEW SECTION.  124E.8  Medical cannabis dispensary
 11  3 licensure.
 11  4    1.  a.  The department shall license by April 1, 2018, twelve
 11  5 medical cannabis dispensaries to dispense medical cannabis
 11  6 within this state consistent with the provisions of this
 11  7 chapter.  The department shall license new medical cannabis
 11  8 dispensaries or relicense the existing medical cannabis
 11  9 manufacturers by December 1 of each year.
 11 10    b.  Information submitted during the application process
 11 11 shall be confidential until the medical cannabis dispensary
 11 12 is licensed by the department unless otherwise protected from
 11 13 disclosure under state or federal law.
 11 14    2.  As a condition for licensure, a medical cannabis
 11 15 dispensary must agree to begin supplying medical cannabis to
 11 16 patients by July 1, 2018.
 11 17    3.  The department shall consider the following factors in
 11 18 determining whether to license a medical cannabis dispensary:
 11 19    a.  The technical expertise of the medical cannabis
 11 20 dispensary regarding medical cannabis.
 11 21    b.  The qualifications of the medical cannabis dispensary's
 11 22 employees.
 11 23    c.  The long=term financial stability of the medical cannabis
 11 24 dispensary.
 11 25    d.  The ability to provide appropriate security measures on
 11 26 the premises of the medical cannabis dispensary.
 11 27    e.  The medical cannabis dispensary's projection and ongoing
 11 28 assessment of fees for the purchase of medical cannabis on
 11 29 patients with debilitating medical conditions.
 11 30    4.  Each entity submitting an application for licensure
 11 31 as a medical cannabis dispensary shall pay a nonrefundable
 11 32 application fee of five thousand dollars to the department.
 11 33    Sec. 13.  NEW SECTION.  124E.9  Medical cannabis dispensaries.
 11 34    1.  a.  The medical cannabis dispensaries shall be located
 11 35 based on geographical need throughout the state to improve
 12  1 patient access.
 12  2    b.  A medical cannabis dispensary may dispense medical
 12  3 cannabis pursuant to the provisions of this chapter but shall
 12  4 not dispense any medical cannabis in a form or quantity other
 12  5 than the form or quantity allowed by the department pursuant
 12  6 to rule.
 12  7    2.  The operating documents of a medical cannabis dispensary
 12  8 shall include all of the following:
 12  9    a.  Procedures for the oversight of the medical cannabis
 12 10 dispensary and procedures to ensure accurate recordkeeping.
 12 11    b.  Procedures for the implementation of appropriate security
 12 12 measures to deter and prevent the theft of medical cannabis and
 12 13 unauthorized entrance into areas containing medical cannabis.
 12 14    3.  A medical cannabis dispensary shall implement security
 12 15 requirements, including requirements for protection by a fully
 12 16 operational security alarm system, facility access controls,
 12 17 perimeter intrusion detection systems, and a personnel
 12 18 identification system.
 12 19    4.  A medical cannabis dispensary shall not share office
 12 20 space with, refer patients to, or have any financial
 12 21 relationship with a health care practitioner.
 12 22    5.  A medical cannabis dispensary shall not permit any person
 12 23 to consume medical cannabis on the property of the medical
 12 24 cannabis dispensary.
 12 25    6.  A medical cannabis dispensary is subject to reasonable
 12 26 inspection by the department.
 12 27    7.  A medical cannabis dispensary shall not employ a
 12 28 person who is under eighteen years of age or who has been
 12 29 convicted of a disqualifying felony offense. An employee
 12 30 of a medical cannabis dispensary shall be subject to a
 12 31 background investigation  conducted by the division of criminal
 12 32 investigation of the department of public safety and a national
 12 33 criminal history background check.
 12 34    8.  A medical cannabis dispensary shall not operate in any
 12 35 location within one thousand feet of a public or private school
 13  1 existing before the date of the medical cannabis dispensary's
 13  2 licensure by the department.
 13  3    9.  A medical cannabis dispensary shall comply with
 13  4 reasonable restrictions set by the department relating to
 13  5 signage, marketing, display, and advertising of medical
 13  6 cannabis.
 13  7    10.  Prior to dispensing of any medical cannabis, a medical
 13  8 cannabis dispensary shall do all of the following:
 13  9    a.  Verify that the medical cannabis dispensary has received
 13 10 a valid medical cannabis registration card from a patient or a
 13 11 patient's primary caregiver, if applicable.
 13 12    b.  Assign a tracking number to any medical cannabis
 13 13 dispensed from the medical cannabis dispensary.
 13 14    c.  (1)  Properly package medical cannabis in compliance with
 13 15 federal law regarding child resistant packaging and exemptions
 13 16 for packaging for elderly patients, and label medical cannabis
 13 17 with a list of all active ingredients and individually
 13 18 identifying information, including all of the following:
 13 19    (a)  The name and date of birth of the patient and the
 13 20 patient's primary caregiver, if appropriate.
 13 21    (b)  The medical cannabis registration card numbers of the
 13 22 patient and the patient's primary caregiver, if applicable.
 13 23    (c)  The chemical composition of the medical cannabis.
 13 24    (2)  Proper packaging of medical cannabis shall include but
 13 25 not be limited to all of the following:
 13 26    (a)  Warning labels regarding the use of medical cannabis by
 13 27 a woman during pregnancy and while breastfeeding.
 13 28    (b)  Clearly labeled packaging indicating that an edible
 13 29 medical cannabis product contains medical cannabis and which
 13 30 packaging shall not imitate candy products or in any way make
 13 31 the product marketable to children.
 13 32    11.  A medical cannabis dispensary shall employ a pharmacist
 13 33 licensed pursuant to chapter 155A.
 13 34    Sec. 14.  NEW SECTION.  124E.10  Fees.
 13 35    Medical cannabis registration card fees and medical cannabis
 14  1 manufacturer and medical cannabis dispensary application
 14  2 and annual fees collected by the department pursuant to
 14  3 this chapter shall be retained by the department, shall be
 14  4 considered repayment receipts as defined in section 8.2, and
 14  5 shall be used for the purpose of regulating medical cannabis
 14  6 manufacturers and medical cannabis dispensaries and for other
 14  7 expenses necessary for the administration of this chapter.
 14  8    Sec. 15.  NEW SECTION.  124E.11  Department duties ==== rules.
 14  9    1.  a.  The department shall maintain a confidential file
 14 10 of the names of each patient to or for whom the department
 14 11 issues a medical cannabis registration card and the name of
 14 12 each primary caregiver to whom the department issues a medical
 14 13 cannabis registration card under section 124E.4.
 14 14    b.  Individual names contained in the file shall be
 14 15 confidential and shall not be subject to disclosure, except as
 14 16 provided in subparagraph (1).
 14 17    (1)  Information in the confidential file maintained
 14 18 pursuant to paragraph "a" may be released on an individual basis
 14 19 to the following persons under the following circumstances:
 14 20    (a)  To authorized employees or agents of the department and
 14 21 the department of transportation as necessary to perform the
 14 22 duties of the department and the department of transportation
 14 23 pursuant to this chapter.
 14 24    (b)  To authorized employees of state or local law
 14 25 enforcement agencies, but only for the purpose of verifying
 14 26 that a person is lawfully in possession of a medical cannabis
 14 27 registration card issued pursuant to this chapter.
 14 28    (c)  To authorized employees of a medical cannabis
 14 29 dispensary, but only for the purpose of verifying that a person
 14 30 is lawfully in possession of a medical cannabis registration
 14 31 card issued pursuant to this chapter.
 14 32    (2)  Release of information pursuant to subparagraph
 14 33 (1) shall be consistent with the federal Health Insurance
 14 34 Portability and Accountability Act of 1996, Pub. L. No.
 14 35 104=191.
 15  1    2.  The department shall adopt rules pursuant to chapter
 15  2 17A to administer this chapter which shall include but not be
 15  3 limited to rules to do all of the following:
 15  4    a.  Govern the manner in which the department shall consider
 15  5 applications for new and renewal medical cannabis registration
 15  6 cards.
 15  7    b.  Identify criteria and set forth procedures for
 15  8 including additional chronic or debilitating diseases or
 15  9 medical conditions or their medical treatments on the list of
 15 10 debilitating medical conditions that qualify for the use of
 15 11 medical cannabis.  Procedures shall include a petition process
 15 12 and shall allow for public comment and public hearings before
 15 13 the medical advisory council.
 15 14    c.  Set forth additional chronic or debilitating diseases or
 15 15 medical conditions or their medical treatments for inclusion
 15 16 on the list of debilitating medical conditions that qualify
 15 17 for the use of medical cannabis as recommended by the medical
 15 18 advisory council.
 15 19    d.  Establish the form and quantity of medical cannabis
 15 20 allowed to be dispensed to a patient or primary caregiver
 15 21 pursuant to this chapter. The form and quantity of medical
 15 22 cannabis shall be appropriate to serve the medical needs of
 15 23 patients with debilitating medical conditions.
 15 24    e.  Establish requirements for the licensure of medical
 15 25 cannabis manufacturers and medical cannabis dispensaries and
 15 26 set forth procedures for medical cannabis manufacturers and
 15 27 medical cannabis dispensaries to obtain licenses.
 15 28    f.  Develop a dispensing system for medical cannabis within
 15 29 this state that provides for all of the following:
 15 30    (1)  Medical cannabis dispensaries within this state housed
 15 31 on secured grounds and operated by licensed medical cannabis
 15 32 dispensaries.
 15 33    (2)  The dispensing of medical cannabis to patients and
 15 34 their primary caregivers to occur at locations designated by
 15 35 the department.
 16  1    g.  Establish and collect annual fees from medical cannabis
 16  2 manufacturers and medical cannabis dispensaries to cover
 16  3 the costs associated with regulating and inspecting medical
 16  4 cannabis manufacturers and medical cannabis dispensaries.
 16  5    h.  Specify and implement procedures that address public
 16  6 safety including security procedures and product quality
 16  7 including measures to ensure contaminant=free cultivation of
 16  8 medical cannabis, safety, and labeling.
 16  9    i.  Establish and implement a real=time, statewide
 16 10 medical cannabis registry management sale tracking system
 16 11 that is available to medical cannabis dispensaries on a
 16 12 twenty=four=hour=day, seven=day=a=week basis for the purpose of
 16 13 verifying that a person is lawfully in possession of a medical
 16 14 cannabis registration card issued pursuant to this chapter
 16 15 and for tracking the date of the sale and quantity of medical
 16 16 cannabis purchased by a patient or a primary caregiver.
 16 17    j.  Establish and implement a medical cannabis inventory
 16 18 and delivery tracking system to track medical cannabis
 16 19 from production by a medical cannabis manufacturer through
 16 20 dispensing at a medical cannabis dispensary.
 16 21    Sec. 16.  NEW SECTION.  124E.12  Reciprocity.
 16 22    A valid medical cannabis registration card, or its
 16 23 equivalent, issued under the laws of another state that allows
 16 24 an out=of=state patient to possess or use medical cannabis in
 16 25 the jurisdiction of issuance shall have the same force and
 16 26 effect as a valid medical cannabis registration card issued
 16 27 pursuant to this chapter, except that an out=of=state patient
 16 28 in this state shall not obtain medical cannabis from a medical
 16 29 cannabis dispensary in this state.
 16 30    Sec. 17.  NEW SECTION.  124E.13  Use of medical cannabis ====
 16 31 smoking prohibited.
 16 32    A patient shall not consume medical cannabis possessed or
 16 33 used as authorized by this chapter by smoking medical cannabis.
 16 34    Sec. 18.  NEW SECTION.  124E.14  Use of medical cannabis ====
 16 35 affirmative defenses.
 17  1    1.  A health care practitioner, including any authorized
 17  2 agent or employee thereof, shall not be subject to
 17  3 prosecution for the unlawful certification, possession, or
 17  4 administration of marijuana under the laws of this state for
 17  5 activities arising directly out of or directly related to the
 17  6 certification or use of medical cannabis in the treatment of
 17  7 a patient diagnosed with a debilitating medical condition as
 17  8 authorized by this chapter.
 17  9    2.  A medical cannabis manufacturer, including any
 17 10 authorized agent or employee thereof, shall not be subject
 17 11 to prosecution for manufacturing, possessing, cultivating,
 17 12 harvesting, transporting, packaging, processing, or supplying
 17 13 medical cannabis pursuant to this chapter.
 17 14    3.  A medical cannabis dispensary, including any authorized
 17 15 agent or employee thereof, shall not be subject to prosecution
 17 16 for dispensing medical cannabis pursuant to this chapter.
 17 17    a.  In a prosecution for the unlawful possession of marijuana
 17 18 under the laws of this state, including but not limited to
 17 19 chapters 124 and 453B, it is an affirmative and complete
 17 20 defense to the prosecution that the patient has been diagnosed
 17 21 with a debilitating medical condition, used or possessed
 17 22 medical cannabis  pursuant to a certification by a health care
 17 23 practitioner as authorized under this chapter, and, for a
 17 24 patient eighteen years of age or older, is in possession of a
 17 25 valid medical cannabis registration card.
 17 26    b.  In a prosecution for the unlawful possession of marijuana
 17 27 under the laws of this state, including but not limited to
 17 28 chapters 124 and 453B, it is an affirmative and complete
 17 29 defense to the prosecution that the person possessed medical
 17 30 cannabis because the person is a primary caregiver of a patient
 17 31 who has been diagnosed with a debilitating medical condition
 17 32 and is in possession of a valid medical cannabis registration
 17 33 card, and where the primary caregiver's possession of the
 17 34 medical cannabis is on behalf of the patient and for the
 17 35 patient's use only as authorized under this chapter.
 18  1    c.  If a patient or primary caregiver is charged with the
 18  2 commission of a crime and is not in possession of the person's
 18  3 medical cannabis registration card, any charge or charges filed
 18  4 against the person shall be dismissed by the court if the
 18  5 person produces to the court prior to or at the person's trial
 18  6 a medical cannabis registration card issued to that person and
 18  7 valid at the time the person was charged.
 18  8    4.  An agency of this state or a political subdivision
 18  9 thereof, including any law enforcement agency, shall not remove
 18 10 or initiate proceedings to remove a patient under the age
 18 11 of eighteen from the home of a parent based solely upon the
 18 12 parent's or patient's possession or use of medical cannabis as
 18 13 authorized under this chapter.
 18 14    Sec. 19.  NEW SECTION.  124E.15  Penalties.
 18 15    1.  A person who knowingly or intentionally possesses or
 18 16 uses medical cannabis in violation of the requirements of this
 18 17 chapter is subject to the penalties provided under chapters 124
 18 18 and 453B.
 18 19    2.  A medical cannabis manufacturer or a medical cannabis
 18 20 dispensary shall be assessed a civil penalty of up to one
 18 21 thousand dollars per violation for any violation of this
 18 22 chapter in addition to any other applicable penalties.
 18 23    Sec. 20.  EMERGENCY RULES.  The department may adopt
 18 24 emergency rules under section 17A.4, subsection 3, and section
 18 25 17A.5, subsection 2, paragraph "b", to implement the provisions
 18 26 of this Act and the rules shall be effective immediately upon
 18 27 filing unless a later date is specified in the rules.  Any
 18 28 rules adopted in accordance with this section shall also be
 18 29 published as a notice of intended action as provided in section
 18 30 17A.4.
 18 31    Sec. 21.  TRANSITION PROVISIONS.  A medical cannabis
 18 32 registration card issued under chapter 124D prior to the
 18 33 effective date of this Act remains effective and continues
 18 34 in effect as issued for the twelve=month period following
 18 35 its issuance. This Act does not preclude the permit holder
 19  1 from seeking to renew the permit under this Act prior to the
 19  2 expiration of the twelve=month period.
 19  3                           EXPLANATION
 19  4 The inclusion of this explanation does not constitute agreement with
 19  5 the explanation's substance by the members of the general assembly.
 19  6    This bill creates the medical cannabis Act, reclassifies
 19  7 marijuana, including tetrahydrocannabinols, from a schedule I
 19  8 controlled substance to a schedule II controlled substance, and
 19  9 provides for civil and criminal penalties and fees.
 19 10    OVERVIEW.  The bill allows a patient with a debilitating
 19 11 medical condition who receives written certification from
 19 12 the patient's health care practitioner that the patient has
 19 13 a debilitating medical condition and who submits the written
 19 14 certification along with an application to the department of
 19 15 public health (department) for a medical cannabis registration
 19 16 card to allow for the lawful use of medical cannabis to treat
 19 17 the patient's debilitating medical condition.  A patient who
 19 18 is issued a medical cannabis registration card will be able
 19 19 to receive medical cannabis directly from a medical cannabis
 19 20 dispensary operated and licensed in this state.
 19 21    RECLASSIFICATION.  The bill reclassifies marijuana,
 19 22 including tetrahydrocannabinols, as a schedule II controlled
 19 23 substance instead of a schedule I controlled substance and
 19 24 strikes references to the authority of the board of pharmacy to
 19 25 adopt rules for the use of marijuana or tetrahydrocannabinols
 19 26 for medicinal purposes.
 19 27    A schedule I controlled substance is a highly addictive
 19 28 substance that has no accepted medical use in the United States
 19 29 and a schedule II controlled substance is a highly addictive
 19 30 substance that has an accepted medical use in the United
 19 31 States.  The reclassification of marijuana from a schedule I
 19 32 controlled substance to a schedule II controlled substance
 19 33 would allow a physician to issue a prescription for marijuana
 19 34 under state law. However, federal regulations may conflict
 19 35 with such prescription authority.
 20  1 The penalties remain unchanged for violations involving
 20  2 marijuana under the bill. The penalties under Code section
 20  3 124.401 range from a class "B" felony punishable by up to 50
 20  4 years of confinement to a serious misdemeanor punishable by
 20  5 up to six months of confinement depending on the amount of
 20  6 marijuana involved in the offense.
 20  7    DEFINITIONS.  The bill provides the following definitions:
 20  8    "Debilitating medical condition" means cancer, multiple
 20  9 sclerosis, epilepsy, AIDS or HIV, glaucoma, hepatitis C,
 20 10 Crohn's disease or ulcerative colitis, amyotrophic lateral
 20 11 sclerosis, Ehlers=danlos syndrome, post=traumatic stress
 20 12 disorder, severe, chronic pain caused by an underlying medical
 20 13 condition, and any other chronic or debilitating disease or
 20 14 medical condition or its medical treatment approved by the
 20 15 department by rule.
 20 16    "Health care practitioner" means an individual licensed
 20 17 under Code chapter 148 to practice medicine and surgery
 20 18 or osteopathic medicine and surgery, a physician assistant
 20 19 licensed under Code chapter 148C, or an advanced registered
 20 20 nurse practitioner licensed pursuant to Code chapter 152 or
 20 21 152E.
 20 22    "Medical cannabis" means any species of the genus Cannabis
 20 23 plant, or any mixture or preparation of them, including whole
 20 24 plant extracts and resins.
 20 25    "Medical cannabis dispensary" means an entity licensed under
 20 26 the bill that acquires medical cannabis from a medical cannabis
 20 27 manufacturer in this state for the purpose of dispensing
 20 28 medical cannabis in this state pursuant to the bill.
 20 29    "Medical cannabis manufacturer" means an entity licensed
 20 30 by the department to manufacture and to possess, cultivate,
 20 31 harvest, transport, package, process, or supply medical
 20 32 cannabis pursuant to the bill.
 20 33    "Primary caregiver" means a person, at least 18 years of age,
 20 34 who has been designated by a patient's health care practitioner
 20 35 or a person having custody of a patient, as a necessary
 21  1 caretaker taking responsibility for managing the well=being
 21  2 of the patient with respect to the use of medical cannabis
 21  3 pursuant to the bill.
 21  4    "Written certification" means a document signed by a health
 21  5 care practitioner, with whom the patient has established a
 21  6 patient=provider relationship, which states that the patient
 21  7 has a debilitating medical condition and provides any other
 21  8 relevant information.
 21  9    HEALTH CARE PRACTITIONER CERTIFICATION.  The bill provides
 21 10 that prior to a patient's submission of an application
 21 11 for a medical cannabis registration card, if a health care
 21 12 practitioner determines that the patient whom the health
 21 13 care practitioner has examined and treated suffers from a
 21 14 debilitating medical condition, the health care practitioner
 21 15 may provide the patient with a written certification of that
 21 16 diagnosis.  If the health care practitioner provides the
 21 17 written certification, the practitioner must also provide
 21 18 explanatory information to the patient about the therapeutic
 21 19 use of medical cannabis, and if the patient continues to suffer
 21 20 from a debilitating medical condition, issue the patient a new
 21 21 certification of that diagnosis on an annual basis.
 21 22    MEDICAL CANNABIS REGISTRATION CARD ==== PATIENT AND PRIMARY
 21 23 CAREGIVER.  The department may approve the issuance of a
 21 24 medical cannabis registration card by the department of
 21 25 transportation to a patient who is at least 18 years of age and
 21 26 is a permanent resident of this state, who submits a written
 21 27 certification by the patient's health care practitioner to the
 21 28 department, and who submits an application and a fee to the
 21 29 department of public health with certain information. The
 21 30 department of public health may also approve the issuance of
 21 31 a medical cannabis registration card by the department of
 21 32 transportation to a primary caregiver who is at least 18 years
 21 33 of age, submits a written certification by the patient's health
 21 34 care practitioner to the department on behalf of the patient,
 21 35 and submits an application and a fee to the department with
 22  1 certain information.  A medical cannabis registration card
 22  2 expires one year after the date of issuance and may be renewed.
 22  3    MEDICAL ADVISORY COUNCIL.  The director of public health is
 22  4 directed to establish a medical advisory council, no later than
 22  5 August 15, 2017, to consist of nine practitioners representing
 22  6 the fields of neurology, pain management, gastroenterology,
 22  7 oncology, psychiatry, infectious disease, family medicine,
 22  8 pediatrics, and pharmacy, and three patients with valid
 22  9 medical cannabis registration cards. The practitioners shall
 22 10 be nationally board=certified in their area of specialty and
 22 11 knowledgeable about the use of medical cannabis.  The bill
 22 12 provides for certain duties of the council include reviewing
 22 13 and recommending to the department for approval additional
 22 14 chronic or debilitating diseases or medical conditions or their
 22 15 treatments as debilitating medical conditions that qualify for
 22 16 the use of medical cannabis.
 22 17    MEDICAL CANNABIS MANUFACTURER AND MEDICAL CANNABIS
 22 18 DISPENSARY LICENSURE.  The bill requires the department of
 22 19 public health to license four medical cannabis manufacturers
 22 20 and 12 medical cannabis dispensaries by December 1, 2017,
 22 21 and April 1, 2018, respectively, and to license new medical
 22 22 cannabis manufacturers and new medical cannabis dispensaries
 22 23 or relicense existing medical cannabis manufacturers and new
 22 24 medical cannabis dispensaries by December 1 of each year.
 22 25 Information submitted during the application process is
 22 26 confidential until the medical cannabis manufacturer or the
 22 27 medical cannabis dispensary is licensed by the department
 22 28 unless otherwise protected from disclosure under state
 22 29 or federal law. As a condition for licensure, a medical
 22 30 cannabis manufacturer and a medical cannabis dispensary
 22 31 must be operational by July 1, 2018. The department is
 22 32 directed to consider several factors in determining whether
 22 33 to license a medical cannabis manufacturer and a medical
 22 34 cannabis dispensary.  Each entity submitting an application for
 22 35 licensure shall pay an application fee to the department.
 23  1 MEDICAL CANNABIS MANUFACTURERS AND MEDICAL CANNABIS
 23  2 DISPENSARIES ==== ADDITIONAL PROVISIONS.  The operating
 23  3 documents of a medical cannabis manufacturer and a medical
 23  4 cannabis dispensary shall include procedures for oversight and
 23  5 recordkeeping activities of the medical cannabis manufacturer
 23  6 and the medical cannabis dispensary and certain security
 23  7 measures undertaken by the medical cannabis manufacturer
 23  8 and the medical cannabis dispensary.  A medical cannabis
 23  9 manufacturer and a medical cannabis dispensary are prohibited
 23 10 from sharing office space with, referring patients to,
 23 11 or having a financial relationship with a health care
 23 12 practitioner, permitting any person to consume medical cannabis
 23 13 on the property of the medical cannabis manufacturer or the
 23 14 medical cannabis dispensary, employing a person who is under
 23 15 18 years of age or who has been convicted of a disqualifying
 23 16 felony offense, and from operating in any location within 1,000
 23 17 feet of a public or private school existing before the date
 23 18 of the licensure of the medical cannabis manufacturer or the
 23 19 medical cannabis dispensary.  In addition, a medical cannabis
 23 20 manufacturer and a medical cannabis dispensary are subject to
 23 21 reasonable inspection and certain reasonable restrictions.
 23 22    A medical cannabis manufacturer is required to provide a
 23 23 reliable and ongoing supply of medical cannabis to medical
 23 24 cannabis dispensaries and shall not manufacture edible medical
 23 25 cannabis products utilizing food coloring. All manufacturing,
 23 26 cultivating, harvesting, packaging, and processing of medical
 23 27 cannabis is required to take place in an enclosed, locked
 23 28 facility.
 23 29    Prior to dispensing any medical cannabis, a medical cannabis
 23 30 dispensary is required to verify that the medical cannabis
 23 31 dispensary has received a valid medical cannabis registration
 23 32 card from a patient or a patient's primary caregiver, if
 23 33 applicable, assign a tracking number to any medical cannabis
 23 34 dispensed from the medical cannabis dispensary, and properly
 23 35 package and label medical cannabis in compliance with the
 24  1 provisions of the bill and certain federal laws. A medical
 24  2 cannabis dispensary is required to employ an Iowa licensed
 24  3 pharmacist.
 24  4    DEPARTMENT DUTIES == CONFIDENTIALITY.  The department is
 24  5 required to maintain a confidential file of the names of
 24  6 each patient and primary caregiver issued a medical cannabis
 24  7 registration card. Individual names contained in the file
 24  8 shall be confidential and shall not be subject to disclosure,
 24  9 except that information in the confidential file may be
 24 10 released on an individual basis to authorized employees or
 24 11 agents of the department, the department of transportation,
 24 12 and a medical cannabis manufacturer as necessary to perform
 24 13 their duties and to authorized employees of state or local law
 24 14 enforcement agencies for the purpose of verifying that a person
 24 15 is lawfully in possession of a medical cannabis registration
 24 16 card. Release of information must also be consistent with
 24 17 federal Health Insurance Portability and Accountability Act
 24 18 regulations.
 24 19    ADDITIONAL DEPARTMENT DUTIES ==== RULES.  The bill requires
 24 20 the department to adopt rules relating to the manner in which
 24 21 the department shall consider applications for new and renewal
 24 22 medical cannabis registration cards, identify criteria and
 24 23 set forth procedures for including additional chronic or
 24 24 debilitating diseases or medical conditions or their medical
 24 25 treatments on the list of debilitating medical conditions,
 24 26 establish the form and quantity of medical cannabis allowed to
 24 27 be dispensed to a patient or primary caregiver in the form and
 24 28 quantity appropriate to serve the medical needs of the patient
 24 29 with the debilitating medical condition, establish requirements
 24 30 for the licensure of medical cannabis manufacturers, develop
 24 31 a dispensing system for medical cannabis within this state
 24 32 that follows certain requirements, establish medical cannabis
 24 33 registration card application and renewal fees, and specify
 24 34 and implement procedures that address public safety including
 24 35 security procedures and product quality, safety, and labeling.
 25  1 RECIPROCITY.  The bill provides that a valid medical
 25  2 cannabis registration card, or its equivalent, issued under
 25  3 the laws of another state that allows an out=of=state patient
 25  4 to possess or use medical cannabis in the jurisdiction of
 25  5 issuance shall have the same force and effect as a valid
 25  6 medical cannabis card issued under the bill, except that an
 25  7 out=of=state patient in this state shall not obtain medical
 25  8 cannabis from a medical cannabis dispensary in this state.
 25  9    USE OF MEDICAL CANNABIS ==== SMOKING PROHIBITED.  The bill
 25 10 provides that a patient shall not consume the medical cannabis
 25 11 by smoking the medical cannabis.
 25 12    USE OF MEDICAL CANNABIS ==== AFFIRMATIVE DEFENSES.  The bill
 25 13 provides prosecution immunity for a health care practitioner,
 25 14 a medical cannabis manufacturer, and a medical cannabis
 25 15 dispensary, including any authorized agents or employees of the
 25 16 health care practitioner, medical cannabis manufacturer, and
 25 17 medical cannabis dispensary, for activities undertaken by the
 25 18 health care practitioner, medical cannabis manufacturer, and
 25 19 medical cannabis dispensary pursuant to the provisions of the
 25 20 bill.
 25 21    The bill provides that in a prosecution for the unlawful
 25 22 possession of marijuana under the laws of this state,
 25 23 including but not limited to Code chapters 124 (controlled
 25 24 substances) and 453B (excise tax on unlawful dealing in
 25 25 certain substances), it is an affirmative and complete
 25 26 defense to the prosecution that the patient has been diagnosed
 25 27 with a debilitating medical condition, used or possessed
 25 28 medical cannabis pursuant to a certification by a health
 25 29 care practitioner, and, for a patient age 18 or older, is
 25 30 in possession of a valid medical cannabis registration
 25 31 card.  The bill provides a similar affirmative defense for a
 25 32 primary caretaker of a patient who has been diagnosed with a
 25 33 debilitating medical condition who is in possession of a valid
 25 34 medical cannabis registration card, and where the primary
 25 35 caregiver's possession of the medical cannabis is on behalf of
 26  1 the patient and for the patient's use only. The bill provides
 26  2 that an agency of this state or a political subdivision
 26  3 thereof, including any law enforcement agency, shall not remove
 26  4 or initiate proceedings to remove a patient under the age of
 26  5 18 from the home of a parent based solely upon the parent's or
 26  6 patient's possession or use of medical cannabis as authorized
 26  7 under the bill.
 26  8    CONFORMING CODE AMENDMENT.  The bill amends Code section
 26  9 124.401, relating to prohibited acts involving controlled
 26 10 substances, to provide that it is lawful for a person to
 26 11 knowingly or intentionally recommend the use of, process,
 26 12 produce, package, possess, cultivate, harvest, use, dispense,
 26 13 deliver, transport, supply, or administer medical cannabis if
 26 14 such action is in accordance with the provisions of the bill.
 26 15    PENALTIES.  The bill provides that a person who knowingly or
 26 16 intentionally possesses or uses medical cannabis in violation
 26 17 of the requirements of the bill is subject to the penalties
 26 18 provided under Code chapters 124 and 453B.  In addition, a
 26 19 medical cannabis manufacturer or a medical cannabis dispensary
 26 20 shall be assessed a civil penalty of up to $1,000 per violation
 26 21 for any violation of the bill in addition to any other
 26 22 applicable penalties.
 26 23    EMERGENCY RULES.  The bill provides that the department
 26 24 may adopt emergency rules and the rules shall be effective
 26 25 immediately upon filing unless a later date is specified in the
 26 26 rules.
 26 27    TRANSITION PROVISIONS.  The bill provides that a medical
 26 28 cannabis registration card issued under Code chapter 124D
 26 29 (medical cannabidiol Act) prior to the effective date of the
 26 30 bill shall remain effective and continues in effect as issued
 26 31 for the 12=month period following its issuance.
       LSB 1406XS (7) 87
       rh/rj
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