Bill Text: IA SF2152 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the medical cannabidiol Act.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2020-02-06 - Subcommittee: Dawson, Taylor, R., and Whiting. [SF2152 Detail]
Download: Iowa-2019-SF2152-Introduced.html
Senate
File
2152
-
Introduced
SENATE
FILE
2152
BY
BOLKCOM
,
GIDDENS
,
LYKAM
,
T.
TAYLOR
,
R.
TAYLOR
,
DOTZLER
,
WAHLS
,
JOCHUM
,
MATHIS
,
RAGAN
,
and
CELSI
A
BILL
FOR
An
Act
relating
to
the
medical
cannabidiol
Act.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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DIVISION
I
1
MEDICAL
CANNABIDIOL
ACT
2
Section
1.
Section
124E.1,
Code
2020,
is
amended
to
read
as
3
follows:
4
124E.1
Short
title.
5
This
chapter
shall
be
known
and
may
be
cited
as
the
“Medical
6
Cannabidiol
Cannabis
Act”
.
7
Sec.
2.
Section
124E.2,
subsection
2,
Code
2020,
is
amended
8
by
adding
the
following
new
paragraphs:
9
NEW
PARAGRAPH
.
j.
Glaucoma.
10
NEW
PARAGRAPH
.
k.
Hepatitis
C.
11
NEW
PARAGRAPH
.
l.
Ehlers-Danlos
syndrome.
12
NEW
PARAGRAPH
.
m.
Post-traumatic
stress
disorder.
13
NEW
PARAGRAPH
.
n.
Tourette’s
syndrome.
14
NEW
PARAGRAPH
.
o.
Muscular
dystrophy.
15
Sec.
3.
Section
124E.2,
subsections
5
and
6,
Code
2020,
are
16
amended
to
read
as
follows:
17
5.
“Health
care
practitioner”
means
an
individual
licensed
18
under
chapter
148
to
practice
medicine
and
surgery
or
19
osteopathic
medicine
and
surgery
,
a
physician
assistant
20
licensed
under
chapter
148C,
a
podiatric
physician
licensed
21
under
chapter
149,
an
advanced
registered
nurse
practitioner
22
licensed
under
chapter
152,
or
an
advanced
practice
registered
23
nurse
licensed
under
chapter
152E,
who
is
a
patient’s
primary
24
care
provider.
“Health
care
practitioner”
shall
not
include
a
25
physician
assistant
licensed
under
chapter
148C
or
an
advanced
26
registered
nurse
practitioner
licensed
pursuant
to
chapter
152
27
or
152E
.
28
6.
“Medical
cannabidiol
cannabis
”
means
any
pharmaceutical
29
grade
cannabinoid
found
in
the
plant
Cannabis
sativa
L.
or
30
Cannabis
indica
or
any
other
preparation
thereof
that
has
31
a
tetrahydrocannabinol
level
of
no
more
than
three
percent
32
and
that
is
delivered
in
a
form
recommended
by
the
medical
33
cannabidiol
cannabis
board,
approved
by
the
board
of
medicine,
34
and
adopted
by
the
department
pursuant
to
rule.
35
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Sec.
4.
Section
124E.4,
subsection
1,
unnumbered
paragraph
1
1,
Code
2020,
is
amended
to
read
as
follows:
2
Subject
to
subsection
7
,
the
department
may
approve
the
3
issuance
of
issue
a
medical
cannabidiol
cannabis
registration
4
card
by
the
department
of
transportation
to
a
patient
who:
5
Sec.
5.
Section
124E.4,
subsection
1,
paragraph
d,
6
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
7
follows:
8
Submits
an
application
to
the
department,
on
a
form
created
9
by
the
department,
in
consultation
with
the
department
of
10
transportation,
that
contains
all
of
the
following:
11
Sec.
6.
Section
124E.4,
subsection
1,
paragraph
e,
Code
12
2020,
is
amended
to
read
as
follows:
13
e.
Submits
a
medical
cannabidiol
cannabis
registration
card
14
fee
of
one
hundred
twenty-five
dollars
to
the
department.
If
15
the
patient
attests
to
receiving
social
security
disability
16
benefits,
supplemental
security
insurance
payments,
or
being
17
enrolled
in
the
medical
assistance
program,
the
fee
shall
be
18
twenty-five
dollars.
19
Sec.
7.
Section
124E.4,
subsection
2,
unnumbered
paragraph
20
1,
Code
2020,
is
amended
to
read
as
follows:
21
A
medical
cannabidiol
cannabis
registration
card
issued
22
to
a
patient
by
the
department
of
transportation
pursuant
to
23
subsection
1
shall
contain,
at
a
minimum,
all
of
the
following:
24
Sec.
8.
Section
124E.4,
subsection
3,
unnumbered
paragraph
25
1,
Code
2020,
is
amended
to
read
as
follows:
26
For
a
patient
in
a
primary
caregiver’s
care,
subject
to
27
subsection
7
,
the
department
may
approve
the
issuance
of
28
issue
a
medical
cannabidiol
cannabis
registration
card
by
the
29
department
of
transportation
to
the
primary
caregiver
who:
30
Sec.
9.
Section
124E.4,
subsection
3,
paragraph
b,
31
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
32
follows:
33
Submits
an
application
to
the
department,
on
a
form
created
34
by
the
department,
in
consultation
with
the
department
of
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transportation,
that
contains
all
of
the
following:
1
Sec.
10.
Section
124E.4,
subsection
4,
unnumbered
paragraph
2
1,
Code
2020,
is
amended
to
read
as
follows:
3
A
medical
cannabidiol
cannabis
registration
card
issued
4
by
the
department
of
transportation
to
a
primary
caregiver
5
pursuant
to
subsection
3
shall
contain,
at
a
minimum,
all
of
6
the
following:
7
Sec.
11.
Section
124E.4,
subsection
6,
Code
2020,
is
amended
8
by
striking
the
subsection.
9
Sec.
12.
Section
124E.5,
subsection
1,
paragraph
a,
Code
10
2020,
is
amended
to
read
as
follows:
11
a.
A
medical
cannabidiol
cannabis
board
is
created
12
consisting
of
eight
practitioners
representing
the
fields
13
of
neurology,
pain
management,
gastroenterology,
oncology,
14
psychiatry,
pediatrics,
family
medicine,
and
pharmacy,
and
one
15
representative
from
law
enforcement
,
and
three
patients
with
16
valid
medical
cannabis
registration
cards
.
17
Sec.
13.
Section
124E.5,
subsection
4,
Code
2020,
is
amended
18
to
read
as
follows:
19
4.
Recommendations
made
by
the
medical
cannabidiol
cannabis
20
board
pursuant
to
subsection
3
,
paragraphs
“b”
and
“e”
,
shall
21
be
made
to
the
board
of
medicine
department
for
consideration,
22
and
if
approved,
shall
be
adopted
by
the
board
of
medicine
23
department
by
rule.
24
Sec.
14.
Section
124E.8,
subsection
1,
paragraph
a,
Code
25
2020,
is
amended
to
read
as
follows:
26
a.
The
department
shall
issue
a
request
for
proposals
to
27
select
and
license
by
April
1,
2018
2021
,
up
to
five
seventeen
28
medical
cannabidiol
cannabis
dispensaries
to
dispense
medical
29
cannabidiol
cannabis
within
this
state
consistent
with
the
30
provisions
of
this
chapter
and
shall
prioritize
the
approval
31
of
licenses
for
new
medical
cannabis
dispensaries
in
rural
32
communities
.
The
department
shall
license
new
medical
33
cannabidiol
cannabis
dispensaries
or
relicense
the
existing
34
medical
cannabidiol
cannabis
dispensaries
by
December
1
of
each
35
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year.
1
Sec.
15.
Section
124E.9,
Code
2020,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
13.
a.
Except
as
otherwise
provided
4
in
paragraph
“b”
,
a
medical
cannabis
dispensary
shall
not
5
dispense
more
than
a
combined
total
of
twenty-five
grams
of
6
tetrahydrocannabinol
to
a
patient
and
the
patient’s
primary
7
caregiver
in
a
ninety-day
period.
8
b.
The
department
shall
adopt
rules
allowing
the
health
9
care
practitioner
who
originally
certified
a
patient
to
receive
10
a
medical
cannabis
registration
card
to
apply
for,
and
the
11
medical
cannabis
board
to
expeditiously
and
efficiently
grant,
12
a
waiver
to
permit
the
patient
and
the
patient’s
primary
13
caregiver
to
receive
more
than
a
combined
total
of
twenty-five
14
grams
of
tetrahydrocannabinol
in
a
ninety-day
period
if
the
15
health
care
practitioner
submits
documentation
certifying
all
16
of
the
following:
17
(1)
The
health
care
practitioner
performed
a
physical
18
examination
of
the
patient
and
has
determined
that
twenty-five
19
grams
of
tetrahydrocannabinol
per
ninety-day
period
is
not
an
20
adequate
amount
to
alleviate
the
patient’s
debilitating
medical
21
condition.
22
(2)
The
patient’s
debilitating
medical
condition
is
a
23
terminal
illness
with
a
life
expectancy
of
less
than
one
year.
24
Sec.
16.
Section
124E.11,
subsection
1,
paragraph
b,
25
subparagraph
(1),
subparagraph
divisions
(a)
and
(c),
Code
26
2020,
are
amended
to
read
as
follows:
27
(a)
To
authorized
employees
or
agents
of
the
department
and
28
the
department
of
transportation
as
necessary
to
perform
the
29
duties
of
the
department
and
the
department
of
transportation
30
pursuant
to
this
chapter
.
31
(c)
To
authorized
employees
of
a
medical
cannabidiol
32
cannabis
dispensary,
but
only
for
the
purpose
purposes
33
of
verifying
that
a
person
is
lawfully
in
possession
of
34
a
medical
cannabidiol
cannabis
registration
card
issued
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pursuant
to
this
chapter
and
that
a
person
has
not
purchased
1
tetrahydrocannabinol
in
excess
of
the
amount
authorized
by
this
2
chapter
.
3
Sec.
17.
Section
124E.11,
subsection
2,
paragraph
c,
Code
4
2020,
is
amended
to
read
as
follows:
5
c.
Establish
the
form
and
quantity
of
medical
cannabidiol
6
cannabis
allowed
to
be
dispensed
to
a
patient
or
primary
7
caregiver
pursuant
to
this
chapter
as
appropriate
to
serve
the
8
medical
needs
of
patients
with
debilitating
medical
conditions,
9
subject
to
recommendation
by
the
medical
cannabidiol
cannabis
10
board
and
approval
by
the
board
of
medicine
department
.
11
Sec.
18.
Section
124E.12,
subsection
7,
Code
2020,
is
12
amended
to
read
as
follows:
13
7.
Notwithstanding
any
law
to
the
contrary,
the
department,
14
the
department
of
transportation,
the
governor,
or
any
employee
15
of
any
state
agency
shall
not
be
held
civilly
or
criminally
16
liable
for
any
injury,
loss
of
property,
personal
injury,
or
17
death
caused
by
any
act
or
omission
while
acting
within
the
18
scope
of
office
or
employment
as
authorized
under
this
chapter
.
19
Sec.
19.
TRANSITION
PROVISIONS.
A
medical
cannabidiol
20
registration
card
issued
prior
to
July
1,
2020,
remains
21
effective
and
continues
in
effect
as
issued
for
the
22
twelve-month
period
following
its
issuance.
23
DIVISION
II
24
CONFORMING
CHANGES
25
Sec.
20.
Section
124.401,
subsection
5,
unnumbered
26
paragraph
3,
Code
2020,
is
amended
to
read
as
follows:
27
A
person
may
knowingly
or
intentionally
recommend,
possess,
28
use,
dispense,
deliver,
transport,
or
administer
cannabidiol
29
medical
cannabis
if
the
recommendation,
possession,
use,
30
dispensing,
delivery,
transporting,
or
administering
is
in
31
accordance
with
the
provisions
of
chapter
124E
.
For
purposes
32
of
this
paragraph,
“cannabidiol”
“medical
cannabis”
means
the
33
same
as
defined
in
section
124E.2
.
34
Sec.
21.
Section
124E.2,
subsection
7,
Code
2020,
is
amended
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to
read
as
follows:
1
7.
“Primary
caregiver”
means
a
person
who
is
a
resident
of
2
this
state
or
a
bordering
state
as
defined
in
section
331.910
,
3
including
but
not
limited
to
a
parent
or
legal
guardian,
at
4
least
eighteen
years
of
age,
who
has
been
designated
by
a
5
patient’s
health
care
practitioner
as
a
necessary
caretaker
6
taking
responsibility
for
managing
the
well-being
of
the
7
patient
with
respect
to
the
use
of
medical
cannabidiol
cannabis
8
pursuant
to
the
provisions
of
this
chapter
.
9
Sec.
22.
Section
124E.3,
subsection
1,
Code
2020,
is
amended
10
to
read
as
follows:
11
1.
Prior
to
a
patient’s
submission
of
an
application
for
12
a
medical
cannabidiol
cannabis
registration
card
pursuant
to
13
section
124E.4
,
a
health
care
practitioner
shall
do
all
of
the
14
following:
15
a.
Determine,
in
the
health
care
practitioner’s
medical
16
judgment,
whether
the
patient
whom
the
health
care
practitioner
17
has
examined
and
treated
suffers
from
a
debilitating
medical
18
condition
that
qualifies
for
the
use
of
medical
cannabidiol
19
cannabis
under
this
chapter
,
and
if
so
determined,
provide
the
20
patient
with
a
written
certification
of
that
diagnosis.
21
b.
Provide
explanatory
information
as
provided
by
the
22
department
to
the
patient
about
the
therapeutic
use
of
medical
23
cannabidiol
cannabis
and
the
possible
risks,
benefits,
and
side
24
effects
of
the
proposed
treatment.
25
Sec.
23.
Section
124E.4,
subsection
1,
paragraph
e,
Code
26
2020,
is
amended
to
read
as
follows:
27
e.
Submits
a
medical
cannabidiol
cannabis
registration
card
28
fee
of
one
hundred
dollars
to
the
department.
If
the
patient
29
attests
to
receiving
social
security
disability
benefits,
30
supplemental
security
insurance
payments,
or
being
enrolled
in
31
the
medical
assistance
program,
the
fee
shall
be
twenty-five
32
dollars.
33
Sec.
24.
Section
124E.4,
subsection
2,
paragraph
c,
Code
34
2020,
is
amended
to
read
as
follows:
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c.
The
date
of
issuance
and
expiration
date
of
the
medical
1
cannabidiol
cannabis
registration
card.
2
Sec.
25.
Section
124E.4,
subsection
3,
paragraph
d,
Code
3
2020,
is
amended
to
read
as
follows:
4
d.
Submits
a
medical
cannabidiol
cannabis
registration
card
5
fee
of
twenty-five
dollars
to
the
department.
6
Sec.
26.
Section
124E.4,
subsection
4,
paragraph
d,
Code
7
2020,
is
amended
to
read
as
follows:
8
d.
The
medical
cannabidiol
cannabis
registration
card
9
number
of
each
patient
in
the
primary
caregiver’s
care.
If
10
the
patient
in
the
primary
caregiver’s
care
is
under
the
age
11
of
eighteen,
the
full
name
of
the
patient’s
parent
or
legal
12
guardian.
13
Sec.
27.
Section
124E.4,
subsections
5
and
7,
Code
2020,
are
14
amended
to
read
as
follows:
15
5.
Expiration
date
of
card.
A
medical
cannabidiol
cannabis
16
registration
card
issued
pursuant
to
this
section
shall
expire
17
one
year
after
the
date
of
issuance
and
may
be
renewed.
18
7.
Federally
approved
clinical
trials.
The
department
shall
19
not
approve
the
issuance
of
a
medical
cannabidiol
cannabis
20
registration
card
pursuant
to
this
section
for
a
patient
who
21
is
enrolled
in
a
federally
approved
clinical
trial
for
the
22
treatment
of
a
debilitating
medical
condition
with
medical
23
cannabidiol
cannabis
.
24
Sec.
28.
Section
124E.5,
subsection
1,
paragraph
b,
Code
25
2020,
is
amended
to
read
as
follows:
26
b.
The
practitioners
shall
be
licensed
in
this
state
and
27
nationally
board-certified
in
their
area
of
specialty
and
28
knowledgeable
about
the
use
of
medical
cannabidiol
cannabis
.
29
Sec.
29.
Section
124E.5,
subsections
2,
3,
and
5,
Code
2020,
30
are
amended
to
read
as
follows:
31
2.
The
medical
cannabidiol
cannabis
board
shall
convene
at
32
least
twice
but
no
more
than
four
times
per
year.
33
3.
The
duties
of
the
medical
cannabidiol
cannabis
board
34
shall
include
but
not
be
limited
to
the
following:
35
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a.
Accepting
and
reviewing
petitions
to
add
medical
1
conditions,
medical
treatments,
or
debilitating
diseases
to
the
2
list
of
debilitating
medical
conditions
for
which
the
medical
3
use
of
cannabidiol
cannabis
would
be
medically
beneficial
under
4
this
chapter
.
5
b.
Making
recommendations
relating
to
the
removal
or
6
addition
of
debilitating
medical
conditions
to
the
list
7
of
allowable
debilitating
medical
conditions
for
which
the
8
medical
use
of
cannabidiol
cannabis
under
this
chapter
would
9
be
medically
beneficial.
10
c.
Working
with
the
department
regarding
the
requirements
11
for
the
licensure
of
medical
cannabidiol
cannabis
manufacturers
12
and
medical
cannabidiol
cannabis
dispensaries,
including
13
licensure
procedures.
14
d.
Advising
the
department
regarding
the
location
of
medical
15
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
16
cannabis
dispensaries
throughout
the
state.
17
e.
Making
recommendations
relating
to
the
form
and
quantity
18
of
allowable
medical
uses
of
cannabidiol
cannabis
.
19
5.
On
or
before
January
1
of
each
year,
beginning
January
20
1,
2018,
the
medical
cannabidiol
cannabis
board
shall
submit
a
21
report
detailing
the
activities
of
the
board.
22
Sec.
30.
Section
124E.6,
Code
2020,
is
amended
to
read
as
23
follows:
24
124E.6
Medical
cannabidiol
cannabis
manufacturer
licensure.
25
1.
a.
The
department
shall
issue
a
request
for
proposals
26
to
select
and
license
by
December
1,
2017,
up
to
two
medical
27
cannabidiol
cannabis
manufacturers
to
manufacture
and
to
28
possess,
cultivate,
harvest,
transport,
package,
process,
29
or
supply
medical
cannabidiol
cannabis
within
this
state
30
consistent
with
the
provisions
of
this
chapter
.
The
department
31
shall
license
new
medical
cannabidiol
cannabis
manufacturers
32
or
relicense
the
existing
medical
cannabidiol
cannabis
33
manufacturers
by
December
1
of
each
year.
34
b.
Information
submitted
during
the
application
process
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shall
be
confidential
until
a
medical
cannabidiol
cannabis
1
manufacturer
is
licensed
by
the
department
unless
otherwise
2
protected
from
disclosure
under
state
or
federal
law.
3
2.
As
a
condition
for
licensure,
a
medical
cannabidiol
4
cannabis
manufacturer
must
agree
to
begin
supplying
medical
5
cannabidiol
cannabis
to
medical
cannabidiol
cannabis
6
dispensaries
in
this
state
no
later
than
December
1,
2018.
7
3.
The
department
shall
consider
the
following
factors
in
8
determining
whether
to
select
and
license
a
medical
cannabidiol
9
cannabis
manufacturer:
10
a.
The
technical
expertise
of
the
medical
cannabidiol
11
cannabis
manufacturer
regarding
medical
cannabidiol
cannabis
.
12
b.
The
qualifications
of
the
medical
cannabidiol
cannabis
13
manufacturer’s
employees.
14
c.
The
long-term
financial
stability
of
the
medical
15
cannabidiol
cannabis
manufacturer.
16
d.
The
ability
to
provide
appropriate
security
measures
on
17
the
premises
of
the
medical
cannabidiol
cannabis
manufacturer.
18
e.
Whether
the
medical
cannabidiol
cannabis
manufacturer
19
has
demonstrated
an
ability
to
meet
certain
medical
cannabidiol
20
cannabis
production
needs
for
medical
use
regarding
the
range
21
of
recommended
dosages
for
each
debilitating
medical
condition,
22
the
range
of
chemical
compositions
of
any
plant
of
the
genus
23
cannabis
that
will
likely
be
medically
beneficial
for
each
24
of
the
debilitating
medical
conditions,
and
the
form
of
the
25
medical
cannabidiol
cannabis
in
the
manner
determined
by
the
26
department
pursuant
to
rule.
27
f.
The
medical
cannabidiol
cannabis
manufacturer’s
28
projection
of
and
ongoing
assessment
of
fees
on
patients
with
29
debilitating
medical
conditions.
30
4.
The
department
shall
require
each
medical
cannabidiol
31
cannabis
manufacturer
to
contract
with
the
state
hygienic
32
laboratory
at
the
university
of
Iowa
in
Iowa
City
or
an
33
independent
medical
cannabidiol
cannabis
testing
laboratory
to
34
perform
spot-check
testing
of
the
medical
cannabidiol
cannabis
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produced
by
the
manufacturer
as
provided
in
section
124E.7
.
1
The
department
shall
require
that
the
laboratory
report
testing
2
results
to
the
manufacturer
in
a
manner
determined
by
the
3
department
pursuant
to
rule.
4
5.
Each
entity
submitting
an
application
for
licensure
5
as
a
medical
cannabidiol
cannabis
manufacturer
shall
pay
a
6
nonrefundable
application
fee
of
seven
thousand
five
hundred
7
dollars
to
the
department.
8
Sec.
31.
Section
124E.7,
Code
2020,
is
amended
to
read
as
9
follows:
10
124E.7
Medical
cannabidiol
cannabis
manufacturers.
11
1.
A
medical
cannabidiol
cannabis
manufacturer
shall
12
contract
with
the
state
hygienic
laboratory
at
the
university
13
of
Iowa
in
Iowa
City
or
an
independent
medical
cannabidiol
14
cannabis
testing
laboratory
to
perform
spot-check
testing
of
15
the
medical
cannabidiol
cannabis
manufactured
by
the
medical
16
cannabidiol
cannabis
manufacturer
as
to
content,
contamination,
17
and
consistency.
The
cost
of
all
laboratory
testing
shall
be
18
paid
by
the
medical
cannabidiol
cannabis
manufacturer.
19
2.
The
operating
documents
of
a
medical
cannabidiol
20
cannabis
manufacturer
shall
include
all
of
the
following:
21
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
22
cannabis
manufacturer
and
procedures
to
ensure
accurate
23
recordkeeping.
24
b.
Procedures
for
the
implementation
of
appropriate
security
25
measures
to
deter
and
prevent
the
theft
of
medical
cannabidiol
26
cannabis
and
unauthorized
entrance
into
areas
containing
27
medical
cannabidiol
cannabis
.
28
3.
A
medical
cannabidiol
cannabis
manufacturer
shall
29
implement
security
requirements,
including
requirements
for
30
protection
of
each
location
by
a
fully
operational
security
31
alarm
system,
facility
access
controls,
perimeter
intrusion
32
detection
systems,
and
a
personnel
identification
system.
33
4.
A
medical
cannabidiol
cannabis
manufacturer
shall
34
not
share
office
space
with,
refer
patients
to,
or
have
any
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financial
relationship
with
a
health
care
practitioner.
1
5.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
2
permit
any
person
to
consume
medical
cannabidiol
cannabis
on
3
the
property
of
the
medical
cannabidiol
cannabis
manufacturer.
4
6.
A
medical
cannabidiol
cannabis
manufacturer
is
subject
5
to
reasonable
inspection
by
the
department.
6
7.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
7
employ
a
person
who
is
under
eighteen
years
of
age
or
who
has
8
been
convicted
of
a
disqualifying
felony
offense.
An
employee
9
of
a
medical
cannabidiol
cannabis
manufacturer
shall
be
subject
10
to
a
background
investigation
conducted
by
the
division
of
11
criminal
investigation
of
the
department
of
public
safety
and
a
12
national
criminal
history
background
check
pursuant
to
section
13
124E.19
.
14
8.
A
medical
cannabidiol
cannabis
manufacturer
owner
shall
15
not
have
been
convicted
of
a
disqualifying
felony
offense
and
16
shall
be
subject
to
a
background
investigation
conducted
by
17
the
division
of
criminal
investigation
of
the
department
of
18
public
safety
and
a
national
criminal
history
background
check
19
pursuant
to
section
124E.19
.
20
9.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
21
operate
at
the
same
physical
location
as
a
medical
cannabidiol
22
cannabis
dispensary.
23
10.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
24
operate
in
any
location,
whether
for
manufacturing,
possessing,
25
cultivating,
harvesting,
transporting,
packaging,
processing,
26
or
supplying,
within
one
thousand
feet
of
a
public
or
private
27
school
existing
before
the
date
of
the
medical
cannabidiol
28
cannabis
manufacturer’s
licensure
by
the
department.
29
11.
A
medical
cannabidiol
cannabis
manufacturer
shall
30
comply
with
reasonable
restrictions
set
by
the
department
31
relating
to
signage,
marketing,
display,
and
advertising
of
32
medical
cannabidiol
cannabis
.
33
12.
a.
A
medical
cannabidiol
cannabis
manufacturer
shall
34
provide
a
reliable
and
ongoing
supply
of
medical
cannabidiol
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cannabis
to
medical
cannabidiol
cannabis
dispensaries
pursuant
1
to
this
chapter
.
2
b.
All
manufacturing,
cultivating,
harvesting,
packaging,
3
and
processing
of
medical
cannabidiol
cannabis
shall
take
place
4
in
an
enclosed,
locked
facility
at
a
physical
address
provided
5
to
the
department
during
the
licensure
process.
6
c.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
7
manufacture
edible
medical
cannabidiol
cannabis
products.
8
Sec.
32.
Section
124E.8,
subsection
1,
paragraph
b,
Code
9
2020,
is
amended
to
read
as
follows:
10
b.
Information
submitted
during
the
application
process
11
shall
be
confidential
until
a
medical
cannabidiol
cannabis
12
dispensary
is
licensed
by
the
department
unless
otherwise
13
protected
from
disclosure
under
state
or
federal
law.
14
Sec.
33.
Section
124E.8,
subsections
2,
3,
and
4,
Code
2020,
15
are
amended
to
read
as
follows:
16
2.
As
a
condition
for
licensure,
a
medical
cannabidiol
17
cannabis
dispensary
must
agree
to
begin
supplying
medical
18
cannabidiol
cannabis
to
patients
by
December
1,
2018.
19
3.
The
department
shall
consider
the
following
factors
in
20
determining
whether
to
select
and
license
a
medical
cannabidiol
21
cannabis
dispensary:
22
a.
The
technical
expertise
of
the
medical
cannabidiol
23
cannabis
dispensary
regarding
medical
cannabidiol
cannabis
.
24
b.
The
qualifications
of
the
medical
cannabidiol
cannabis
25
dispensary’s
employees.
26
c.
The
long-term
financial
stability
of
the
medical
27
cannabidiol
cannabis
dispensary.
28
d.
The
ability
to
provide
appropriate
security
measures
on
29
the
premises
of
the
medical
cannabidiol
cannabis
dispensary.
30
e.
The
medical
cannabidiol
dispensary’s
projection
and
31
ongoing
assessment
of
fees
for
the
purchase
of
medical
32
cannabidiol
cannabis
on
patients
with
debilitating
medical
33
conditions.
34
4.
Each
entity
submitting
an
application
for
licensure
35
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as
a
medical
cannabidiol
cannabis
dispensary
shall
pay
a
1
nonrefundable
application
fee
of
five
thousand
dollars
to
the
2
department.
3
Sec.
34.
Section
124E.9,
Code
2020,
is
amended
to
read
as
4
follows:
5
124E.9
Medical
cannabidiol
cannabis
dispensaries.
6
1.
a.
The
medical
cannabidiol
cannabis
dispensaries
shall
7
be
located
based
on
geographical
need
throughout
the
state
to
8
improve
patient
access.
9
b.
A
medical
cannabidiol
cannabis
dispensary
may
dispense
10
medical
cannabidiol
cannabis
pursuant
to
the
provisions
of
this
11
chapter
but
shall
not
dispense
any
medical
cannabidiol
cannabis
12
in
a
form
or
quantity
other
than
the
form
or
quantity
allowed
13
by
the
department
pursuant
to
rule.
14
2.
The
operating
documents
of
a
medical
cannabidiol
15
cannabis
dispensary
shall
include
all
of
the
following:
16
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
17
cannabis
dispensary
and
procedures
to
ensure
accurate
18
recordkeeping.
19
b.
Procedures
for
the
implementation
of
appropriate
security
20
measures
to
deter
and
prevent
the
theft
of
medical
cannabidiol
21
cannabis
and
unauthorized
entrance
into
areas
containing
22
medical
cannabidiol
cannabis
.
23
3.
A
medical
cannabidiol
cannabis
dispensary
shall
24
implement
security
requirements,
including
requirements
for
25
protection
by
a
fully
operational
security
alarm
system,
26
facility
access
controls,
perimeter
intrusion
detection
27
systems,
and
a
personnel
identification
system.
28
4.
A
medical
cannabidiol
cannabis
dispensary
shall
not
29
share
office
space
with,
refer
patients
to,
or
have
any
30
financial
relationship
with
a
health
care
practitioner.
31
5.
A
medical
cannabidiol
cannabis
dispensary
shall
not
32
permit
any
person
to
consume
medical
cannabidiol
cannabis
on
33
the
property
of
the
medical
cannabidiol
cannabis
dispensary.
34
6.
A
medical
cannabidiol
cannabis
dispensary
is
subject
to
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reasonable
inspection
by
the
department.
1
7.
A
medical
cannabidiol
cannabis
dispensary
shall
not
2
employ
a
person
who
is
under
eighteen
years
of
age
or
who
has
3
been
convicted
of
a
disqualifying
felony
offense.
An
employee
4
of
a
medical
cannabidiol
cannabis
dispensary
shall
be
subject
5
to
a
background
investigation
conducted
by
the
division
of
6
criminal
investigation
of
the
department
of
public
safety
and
a
7
national
criminal
history
background
check
pursuant
to
section
8
124E.19
.
9
8.
A
medical
cannabidiol
cannabis
dispensary
owner
shall
10
not
have
been
convicted
of
a
disqualifying
felony
offense
and
11
shall
be
subject
to
a
background
investigation
conducted
by
12
the
division
of
criminal
investigation
of
the
department
of
13
public
safety
and
a
national
criminal
history
background
check
14
pursuant
to
section
124E.19
.
15
9.
A
medical
cannabidiol
cannabis
dispensary
shall
not
16
operate
at
the
same
physical
location
as
a
medical
cannabidiol
17
cannabis
manufacturer.
18
10.
A
medical
cannabidiol
cannabis
dispensary
shall
not
19
operate
in
any
location
within
one
thousand
feet
of
a
public
20
or
private
school
existing
before
the
date
of
the
medical
21
cannabidiol
cannabis
dispensary’s
licensure
by
the
department.
22
11.
A
medical
cannabidiol
cannabis
dispensary
shall
comply
23
with
reasonable
restrictions
set
by
the
department
relating
24
to
signage,
marketing,
display,
and
advertising
of
medical
25
cannabidiol
cannabis
.
26
12.
Prior
to
dispensing
of
any
medical
cannabidiol
27
cannabis
,
a
medical
cannabidiol
cannabis
dispensary
shall
do
28
all
of
the
following:
29
a.
Verify
that
the
medical
cannabidiol
cannabis
dispensary
30
has
received
a
valid
medical
cannabidiol
cannabis
registration
31
card
from
a
patient
or
a
patient’s
primary
caregiver,
if
32
applicable.
33
b.
Assign
a
tracking
number
to
any
medical
cannabidiol
34
cannabis
dispensed
from
the
medical
cannabidiol
cannabis
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dispensary.
1
c.
Properly
package
medical
cannabidiol
cannabis
in
2
compliance
with
federal
law
regarding
child
resistant
packaging
3
and
exemptions
for
packaging
for
elderly
patients,
and
4
label
medical
cannabidiol
cannabis
with
a
list
of
all
active
5
ingredients
and
individually
identifying
information.
6
Sec.
35.
Section
124E.10,
Code
2020,
is
amended
to
read
as
7
follows:
8
124E.10
Fees.
9
All
fees
collected
by
the
department
under
this
chapter
10
shall
be
retained
by
the
department
for
operation
of
the
11
medical
cannabidiol
cannabis
registration
card
program
and
12
the
medical
cannabidiol
cannabis
manufacturer
and
medical
13
cannabidiol
cannabis
dispensary
licensing
programs.
The
moneys
14
retained
by
the
department
shall
be
considered
repayment
15
receipts
as
defined
in
section
8.2
and
shall
be
used
for
any
of
16
the
department’s
duties
under
this
chapter
,
including
but
not
17
limited
to
the
addition
of
full-time
equivalent
positions
for
18
program
services
and
investigations.
Notwithstanding
section
19
8.33
,
moneys
retained
by
the
department
pursuant
to
this
20
section
shall
not
revert
to
the
general
fund
of
the
state
but
21
shall
remain
available
for
expenditure
only
for
the
purposes
22
specified
in
this
section
.
23
Sec.
36.
Section
124E.11,
subsection
1,
paragraph
a,
Code
24
2020,
is
amended
to
read
as
follows:
25
a.
The
department
shall
maintain
a
confidential
file
of
the
26
names
of
each
patient
to
or
for
whom
the
department
issues
a
27
medical
cannabidiol
cannabis
registration
card
and
the
name
of
28
each
primary
caregiver
to
whom
the
department
issues
a
medical
29
cannabidiol
cannabis
registration
card
under
section
124E.4
.
30
Sec.
37.
Section
124E.11,
subsection
1,
paragraph
b,
31
subparagraph
(1),
subparagraph
divisions
(b)
and
(d),
Code
32
2020,
are
amended
to
read
as
follows:
33
(b)
To
authorized
employees
of
law
enforcement
agencies
34
of
a
state
or
political
subdivision
thereof,
but
only
for
the
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purpose
of
verifying
that
a
person
is
lawfully
in
possession
1
of
a
medical
cannabidiol
cannabis
registration
card
issued
2
pursuant
to
this
chapter
.
3
(d)
To
any
other
authorized
persons
recognized
by
the
4
department
by
rule,
but
only
for
the
purpose
of
verifying
that
5
a
person
is
lawfully
in
possession
of
a
medical
cannabidiol
6
cannabis
registration
card
issued
pursuant
to
this
chapter
.
7
Sec.
38.
Section
124E.11,
subsection
2,
paragraphs
a,
b,
d,
8
e,
f,
g,
h,
and
i,
Code
2020,
are
amended
to
read
as
follows:
9
a.
Govern
the
manner
in
which
the
department
shall
consider
10
applications
for
new
and
renewal
medical
cannabidiol
cannabis
11
registration
cards.
12
b.
Ensure
that
the
medical
cannabidiol
cannabis
registration
13
card
program
operates
on
a
self-sustaining
basis.
14
d.
Establish
requirements
for
the
licensure
of
medical
15
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
16
cannabis
dispensaries
and
set
forth
procedures
for
medical
17
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
18
cannabis
dispensaries
to
obtain
licenses.
19
e.
Develop
a
dispensing
system
for
medical
cannabidiol
20
cannabis
within
this
state
that
provides
for
all
of
the
21
following:
22
(1)
Medical
cannabidiol
cannabis
dispensaries
within
this
23
state
housed
on
secured
grounds
and
operated
by
licensed
24
medical
cannabidiol
cannabis
dispensaries.
25
(2)
The
dispensing
of
medical
cannabidiol
cannabis
to
26
patients
and
their
primary
caregivers
to
occur
at
locations
27
designated
by
the
department.
28
f.
Establish
and
collect
annual
fees
from
medical
29
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
30
cannabis
dispensaries
to
cover
the
costs
associated
with
31
regulating
and
inspecting
medical
cannabidiol
cannabis
32
manufacturers
and
medical
cannabidiol
cannabis
dispensaries.
33
g.
Specify
and
implement
procedures
that
address
public
34
safety
including
security
procedures
and
product
quality
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including
measures
to
ensure
contaminant-free
cultivation
of
1
medical
cannabidiol
cannabis
,
safety,
and
labeling.
2
h.
Establish
and
implement
a
real-time,
statewide
medical
3
cannabidiol
cannabis
registry
management
sale
tracking
system
4
that
is
available
to
medical
cannabidiol
cannabis
dispensaries
5
on
a
twenty-four-hour-a-day,
seven-day-a-week
basis
for
the
6
purpose
of
verifying
that
a
person
is
lawfully
in
possession
7
of
a
medical
cannabidiol
cannabis
registration
card
issued
8
pursuant
to
this
chapter
and
for
tracking
the
date
of
the
sale
9
and
quantity
of
medical
cannabidiol
cannabis
purchased
by
a
10
patient
or
a
primary
caregiver.
11
i.
Establish
and
implement
a
medical
cannabidiol
cannabis
12
inventory
and
delivery
tracking
system
to
track
medical
13
cannabidiol
cannabis
from
production
by
a
medical
cannabidiol
14
cannabis
manufacturer
through
dispensing
at
a
medical
15
cannabidiol
cannabis
dispensary.
16
Sec.
39.
Section
124E.12,
subsections
1,
2,
3,
4,
5,
6,
8,
17
and
9,
Code
2020,
are
amended
to
read
as
follows:
18
1.
A
health
care
practitioner,
including
any
authorized
19
agent
or
employee
thereof,
shall
not
be
subject
to
20
prosecution
for
the
unlawful
certification,
possession,
or
21
administration
of
marijuana
under
the
laws
of
this
state
for
22
activities
arising
directly
out
of
or
directly
related
to
the
23
certification
or
use
of
medical
cannabidiol
cannabis
in
the
24
treatment
of
a
patient
diagnosed
with
a
debilitating
medical
25
condition
as
authorized
by
this
chapter
.
26
2.
A
medical
cannabidiol
cannabis
manufacturer,
including
27
any
authorized
agent
or
employee
thereof,
shall
not
be
subject
28
to
prosecution
for
manufacturing,
possessing,
cultivating,
29
harvesting,
transporting,
packaging,
processing,
or
supplying
30
medical
cannabidiol
cannabis
pursuant
to
this
chapter
.
31
3.
A
medical
cannabidiol
cannabis
dispensary,
including
32
any
authorized
agent
or
employee
thereof,
shall
not
be
subject
33
to
prosecution
for
dispensing
medical
cannabidiol
cannabis
34
pursuant
to
this
chapter
.
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4.
a.
In
a
prosecution
for
the
unlawful
possession
of
1
marijuana
under
the
laws
of
this
state
for
the
possession
2
of
medical
cannabidiol
cannabis
,
including
but
not
limited
3
to
chapters
124
and
453B
,
it
is
an
affirmative
and
complete
4
defense
to
the
prosecution
that
the
patient
has
been
diagnosed
5
with
a
debilitating
medical
condition,
used
or
possessed
6
medical
cannabidiol
cannabis
pursuant
to
a
certification
by
a
7
health
care
practitioner
as
authorized
under
this
chapter
,
and,
8
for
a
patient
eighteen
years
of
age
or
older,
is
in
possession
9
of
a
valid
medical
cannabidiol
cannabis
registration
card
10
issued
pursuant
to
this
chapter
.
11
b.
In
a
prosecution
for
the
unlawful
possession
of
marijuana
12
under
the
laws
of
this
state
for
the
possession
of
medical
13
cannabidiol
cannabis
,
including
but
not
limited
to
chapters
14
124
and
453B
,
it
is
an
affirmative
and
complete
defense
to
15
the
prosecution
that
the
person
possessed
medical
cannabidiol
16
cannabis
because
the
person
is
a
primary
caregiver
of
a
patient
17
who
has
been
diagnosed
with
a
debilitating
medical
condition
18
and
is
in
possession
of
a
valid
medical
cannabidiol
cannabis
19
registration
card
issued
pursuant
to
this
chapter
,
and
where
20
the
primary
caregiver’s
possession
of
the
medical
cannabidiol
21
cannabis
is
on
behalf
of
the
patient
and
for
the
patient’s
use
22
only
as
authorized
under
this
chapter
.
23
c.
If
a
patient
or
primary
caregiver
is
charged
with
24
the
unlawful
possession
of
marijuana
under
the
laws
of
this
25
state
for
the
possession
of
medical
cannabidiol
cannabis
,
26
including
but
not
limited
to
chapters
124
and
453B
,
and
is
not
27
in
possession
of
the
person’s
medical
cannabidiol
cannabis
28
registration
card,
any
charge
or
charges
filed
against
the
29
person
for
the
possession
of
medical
cannabidiol
cannabis
30
shall
be
dismissed
by
the
court
if
the
person
produces
to
the
31
court
prior
to
or
at
the
person’s
trial
a
medical
cannabidiol
32
cannabis
registration
card
issued
to
that
person
and
valid
at
33
the
time
the
person
was
charged.
34
5.
An
agency
of
this
state
or
a
political
subdivision
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thereof,
including
any
law
enforcement
agency,
shall
not
remove
1
or
initiate
proceedings
to
remove
a
patient
under
the
age
2
of
eighteen
from
the
home
of
a
parent
based
solely
upon
the
3
parent’s
or
patient’s
possession
or
use
of
medical
cannabidiol
4
cannabis
as
authorized
under
this
chapter
.
5
6.
The
department,
the
department
of
transportation,
6
and
any
health
care
practitioner,
including
any
authorized
7
agent
or
employee
thereof,
are
not
subject
to
any
civil
8
or
disciplinary
penalties
by
the
board
of
medicine
or
any
9
business,
occupational,
or
professional
licensing
board
10
or
entity,
solely
for
activities
conducted
relating
to
a
11
patient’s
possession
or
use
of
medical
cannabidiol
cannabis
as
12
authorized
under
this
chapter
.
Nothing
in
this
section
affects
13
a
professional
licensing
board
from
taking
action
in
response
14
to
violations
of
any
other
section
of
law.
15
8.
An
attorney
shall
not
be
subject
to
disciplinary
action
16
by
the
Iowa
supreme
court
or
attorney
disciplinary
board
for
17
providing
legal
assistance
to
a
patient,
primary
caregiver,
or
18
others
based
upon
a
patient’s
or
primary
caregiver’s
possession
19
or
use
of
medical
cannabidiol
cannabis
as
authorized
under
this
20
chapter
.
21
9.
Possession
of
a
medical
cannabidiol
cannabis
22
registration
card
or
an
application
for
a
medical
cannabidiol
23
cannabis
registration
card
by
a
person
entitled
to
possess
or
24
apply
for
a
medical
cannabidiol
cannabis
registration
card
25
shall
not
constitute
probable
cause
or
reasonable
suspicion,
26
and
shall
not
be
used
to
support
a
search
of
the
person
or
27
property
of
the
person
possessing
or
applying
for
the
medical
28
cannabidiol
cannabis
registration
card,
or
otherwise
subject
29
the
person
or
property
of
the
person
to
inspection
by
any
30
governmental
agency.
31
Sec.
40.
Section
124E.13,
Code
2020,
is
amended
to
read
as
32
follows:
33
124E.13
Medical
cannabidiol
cannabis
source.
34
Medical
cannabidiol
cannabis
provided
exclusively
pursuant
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to
a
written
certification
of
a
health
care
practitioner,
if
1
not
legally
available
in
this
state
or
from
any
other
bordering
2
state,
shall
be
obtained
from
an
out-of-state
source.
3
Sec.
41.
Section
124E.14,
Code
2020,
is
amended
to
read
as
4
follows:
5
124E.14
Out-of-state
medical
cannabidiol
cannabis
6
dispensaries.
7
The
department
of
public
health
shall
utilize
a
request
for
8
proposals
process
to
select
and
license
by
December
1,
2017,
up
9
to
two
out-of-state
medical
cannabidiol
cannabis
dispensaries
10
from
a
bordering
state
to
sell
and
dispense
medical
cannabidiol
11
cannabis
to
a
patient
or
primary
caregiver
in
possession
of
a
12
valid
medical
cannabidiol
cannabis
registration
card
issued
13
under
this
chapter
.
14
Sec.
42.
Section
124E.15,
Code
2020,
is
amended
to
read
as
15
follows:
16
124E.15
Iowa
patients
and
primary
caregivers
registering
in
17
the
state
of
Minnesota.
18
A
patient
or
a
primary
caregiver
with
a
valid
medical
19
cannabidiol
cannabis
registration
card
issued
pursuant
to
this
20
chapter
may
register
in
the
state
of
Minnesota
as
a
visiting
21
qualified
patient
or
primary
caregiver
and
may
register
with
22
one
or
more
medical
cannabis
manufacturers
registered
under
the
23
laws
of
Minnesota.
24
Sec.
43.
Section
124E.16,
Code
2020,
is
amended
to
read
as
25
follows:
26
124E.16
Penalties.
27
1.
A
person
who
knowingly
or
intentionally
possesses
or
uses
28
medical
cannabidiol
cannabis
in
violation
of
the
requirements
29
of
this
chapter
is
subject
to
the
penalties
provided
under
30
chapters
124
and
453B
.
31
2.
A
medical
cannabidiol
cannabis
manufacturer
or
a
medical
32
cannabidiol
cannabis
dispensary
shall
be
assessed
a
civil
33
penalty
of
up
to
one
thousand
dollars
per
violation
for
any
34
violation
of
this
chapter
in
addition
to
any
other
applicable
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penalties.
1
Sec.
44.
Section
124E.17,
Code
2020,
is
amended
to
read
as
2
follows:
3
124E.17
Use
of
medical
cannabidiol
cannabis
——
smoking
4
prohibited.
5
A
patient
shall
not
consume
medical
cannabidiol
cannabis
6
possessed
or
used
as
authorized
under
this
chapter
by
smoking
7
medical
cannabidiol
cannabis
.
8
Sec.
45.
Section
124E.18,
Code
2020,
is
amended
to
read
as
9
follows:
10
124E.18
Reciprocity.
11
A
valid
medical
cannabidiol
cannabis
registration
card,
12
or
its
equivalent,
issued
under
the
laws
of
another
state
13
that
allows
an
out-of-state
patient
to
possess
or
use
medical
14
cannabidiol
cannabis
in
the
jurisdiction
of
issuance
shall
15
have
the
same
force
and
effect
as
a
valid
medical
cannabidiol
16
cannabis
registration
card
issued
pursuant
to
this
chapter
,
17
except
that
an
out-of-state
patient
in
this
state
shall
not
18
obtain
medical
cannabidiol
cannabis
from
a
medical
cannabidiol
19
cannabis
dispensary
in
this
state.
20
Sec.
46.
Section
124E.19,
subsections
1,
2,
and
4,
Code
21
2020,
are
amended
to
read
as
follows:
22
1.
The
division
of
criminal
investigation
of
the
23
department
of
public
safety
shall
conduct
thorough
background
24
investigations
for
the
purposes
of
licensing
medical
25
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
26
cannabis
dispensaries
under
this
chapter
.
The
results
of
any
27
background
investigation
conducted
pursuant
to
this
section
28
shall
be
presented
to
the
department.
29
a.
An
applicant
for
a
medical
cannabidiol
cannabis
30
manufacturer
license
or
a
medical
cannabidiol
cannabis
31
dispensary
license
and
their
owners,
investors,
and
employees
32
shall
submit
all
required
information
on
a
form
prescribed
by
33
the
department
of
public
safety.
34
b.
The
department
shall
charge
an
applicant
for
a
medical
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cannabidiol
cannabis
manufacturer
license
or
a
medical
1
cannabidiol
cannabis
dispensary
license
a
fee
determined
by
2
the
department
of
public
safety
and
adopted
by
the
department
3
by
rule
to
defray
the
costs
associated
with
background
4
investigations
conducted
pursuant
to
the
requirements
of
this
5
section
.
The
fee
shall
be
in
addition
to
any
other
fees
6
charged
by
the
department.
The
fee
may
be
retained
by
the
7
department
of
public
safety
and
shall
be
considered
repayment
8
receipts
as
defined
in
section
8.2
.
9
2.
The
department
shall
require
an
applicant
for
a
10
medical
cannabidiol
cannabis
manufacturer
license
or
a
11
medical
cannabidiol
cannabis
dispensary
license,
their
owners
12
and
investors,
and
applicants
for
employment
at
a
medical
13
cannabidiol
cannabis
manufacturer
or
medical
cannabidiol
14
cannabis
dispensary
to
submit
fingerprints
and
other
required
15
identifying
information
to
the
department
on
a
form
prescribed
16
by
the
department
of
public
safety.
The
department
shall
17
submit
the
fingerprint
cards
and
other
identifying
information
18
to
the
division
of
criminal
investigation
of
the
department
19
of
public
safety
for
submission
to
the
federal
bureau
of
20
investigation
for
the
purpose
of
conducting
a
national
criminal
21
history
record
check.
The
department
may
require
employees
and
22
contractors
involved
in
carrying
out
a
background
investigation
23
to
submit
fingerprints
and
other
identifying
information
for
24
the
same
purpose.
25
4.
An
applicant
for
a
medical
cannabidiol
cannabis
26
manufacturer
license
or
a
medical
cannabidiol
cannabis
27
dispensary
license
shall
submit
information
and
fees
required
28
by
this
section
at
the
time
of
application.
29
Sec.
47.
Section
204.17,
subsection
4,
Code
2020,
is
amended
30
to
read
as
follows:
31
4.
Nothing
in
this
chapter
shall
be
construed
or
applied
32
to
authorize
a
person
to
manufacture,
recommend,
possess,
use,
33
dispense,
deliver,
transport,
or
administer
medical
cannabidiol
34
cannabis
pursuant
to
chapter
124E
.
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Sec.
48.
Section
730.5,
subsection
11,
paragraph
f,
Code
1
2020,
is
amended
to
read
as
follows:
2
f.
Testing
or
taking
action
against
an
employee
or
3
prospective
employee
with
a
confirmed
positive
test
result
due
4
to
the
employee’s
or
prospective
employee’s
use
of
medical
5
cannabidiol
cannabis
as
authorized
under
chapter
124E
.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
the
medical
cannabidiol
Act.
The
bill
10
is
organized
into
divisions.
11
DIVISION
I
——
MEDICAL
CANNABIDIOL
ACT.
This
division
makes
12
changes
to
the
medical
cannabidiol
Act
(Code
chapter
124E).
13
The
bill
changes
the
name
of
the
medical
cannabidiol
Act
to
the
14
medical
cannabis
Act.
15
The
bill
adds
new
medical
conditions
to
the
current
list
16
of
debilitating
medical
conditions
for
which
a
health
care
17
practitioner
may
issue
a
written
certification
to
a
patient
for
18
a
medical
cannabidiol
registration
card
pursuant
to
the
medical
19
cannabidiol
Act.
20
The
bill
removes
the
percentage
cap
on
the
amount
of
21
tetrahydrocannabinol
(THC)
that
medical
cannabidiol,
as
defined
22
in
Code
section
124E.2(6),
is
allowed
to
contain.
The
bill
23
prohibits
a
dispensary
from
dispensing
more
than
25
grams
24
of
THC
to
a
patient
or
a
patient’s
caregiver
in
a
90-day
25
period.
The
bill
allows
the
department
of
public
health
to
26
disclose
certain
patient
information
to
authorized
employees
27
of
medical
cannabidiol
dispensaries
to
ensure
that
a
person
28
has
not
purchased
THC
in
excess
of
this
limit.
The
bill
29
requires
the
department
to
adopt
rules
allowing
a
patient
30
or
a
patient’s
caregiver
to
receive
more
than
25
grams
of
31
THC
in
a
90-day
period
if
the
patient’s
primary
caregiver
32
determines
that
25
grams
of
THC
is
not
sufficient
to
treat
the
33
patient’s
debilitating
medical
condition
and
that
the
patient’s
34
debilitating
medical
condition
is
a
terminal
illness
with
a
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life
expectancy
of
less
than
one
year.
1
The
bill
changes
the
medical
cannabidiol
registration
card
2
fee
for
a
patient
applying
for
a
registration
card
from
$100
3
to
$25,
the
same
as
the
registration
card
fee
for
a
primary
4
caregiver.
5
The
bill
amends
the
definition
of
“health
care
practitioner”
6
to
allow
a
licensed
physician
assistant,
licensed
podiatric
7
physician,
licensed
advanced
registered
nurse
practitioner,
and
8
an
advanced
practice
registered
nurse
to
certify
a
patient
to
9
receive
a
medical
cannabidiol
registration
card.
10
The
bill
requires
the
department
of
public
health
to
11
issue
a
request
for
proposals
and
license
up
to
17
medical
12
cannabidiol
dispensaries
by
April
1,
2021,
with
priority
given
13
to
dispensaries
serving
rural
communities.
14
The
bill
amends
the
membership
of
the
medical
cannabidiol
15
board
by
adding
three
members
who
are
patients
with
valid
16
medical
cannabidiol
registration
cards.
17
The
bill
removes
the
department
of
transportation
from
the
18
process
of
issuing
medical
cannabidiol
registration
cards.
19
The
bill
provides
that
any
medical
cannabidiol
registration
20
card
issued
by
the
department
of
transportation
prior
to
July
21
1,
2020,
remains
in
effect
and
continues
in
effect
for
the
22
12-month
period
following
its
issuance.
The
bill
requires
23
the
department
of
public
health
to
issue
medical
cannabidiol
24
registration
cards.
25
The
bill
removes
the
board
of
medicine
from
the
process
26
for
adding
conditions
to
the
list
of
debilitating
medical
27
conditions.
The
bill
allows
the
medical
cannabidiol
board
28
to
make
recommendations
for
new
conditions
directly
to
the
29
department
of
public
health.
30
DIVISION
II
——
CONFORMING
CHANGES.
This
division
changes
31
references
throughout
the
Code
from
“medical
cannabidiol”
to
32
“medical
cannabis”.
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