Bill Text: IA SF2405 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the regulation of medical cannabidiol, by altering the list of debilitating medical conditions and changing the definition of medical cannabidiol under the medical cannabidiol Act, and exempting sales of medical cannabidiol products from Iowa sales tax. (Formerly SSB 3135 and SF 2372.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-04-24 - Fiscal note. [SF2405 Detail]

Download: Iowa-2017-SF2405-Introduced.html

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Senate File 2405 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO SF 2372)
                                 (SUCCESSOR TO SSB
                                     3135)

                                      A BILL FOR

  1 An Act relating to the regulation of medical cannabidiol, by
  2    altering the list of debilitating medical conditions and
  3    changing the definition of medical cannabidiol under the
  4    medical cannabidiol Act, and exempting sales of medical
  5    cannabidiol products from Iowa sales tax.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 124E.2, subsections 2 and 6, Code 2018,
  1  2 are amended to read as follows:
  1  3    2.  "Debilitating medical condition" means any of the
  1  4 following:
  1  5    a.  Cancer, if the underlying condition or treatment produces
  1  6 one or more of the following:
  1  7    (1)  Severe or chronic pain.
  1  8    (2)  Nausea or severe vomiting.
  1  9    (3)  Cachexia or severe wasting.
  1 10    b.  Multiple sclerosis with severe and persistent muscle
  1 11 spasms.
  1 12    c.  Seizures, including those characteristic of epilepsy.
  1 13    d.  AIDS or HIV as defined in section 141A.1.
  1 14    e.  Crohn's disease.
  1 15    f.  Amyotrophic lateral sclerosis.
  1 16    g.  Any terminal illness, with a probable life expectancy of
  1 17 under one year, if the illness or its treatment produces one or
  1 18 more of the following:
  1 19    (1)  Severe or chronic pain.
  1 20    (2)  Nausea or severe vomiting.
  1 21    (3)  Cachexia or severe wasting.
  1 22    h.  Parkinson's disease.
  1 23    i.  Untreatable pain Severe or chronic pain.
  1 24    j.  Any other medical condition for which the patient's
  1 25 health care practitioner determines the use of medical
  1 26 cannabidiol could be medically beneficial.
  1 27    6.  "Medical cannabidiol" means any pharmaceutical
  1 28 grade cannabinoid found in the plant Cannabis sativa L. or
  1 29 Cannabis indica or any other preparation thereof that has
  1 30 a tetrahydrocannabinol level of no more than three percent
  1 31 and that is delivered in a form recommended by the medical
  1 32 cannabidiol board, approved by the board of medicine, and
  1 33 adopted by the department pursuant to rule.
  1 34    Sec. 2.  Section 124E.2, subsection 8, Code 2018, is amended
  1 35 by striking the subsection.
  2  1    Sec. 3.  Section 124E.3, subsection 1, paragraph a, Code
  2  2 2018, is amended to read as follows:
  2  3    a.  (1)  Determine, in the health care practitioner's medical
  2  4 judgment, whether the patient whom the health care practitioner
  2  5 has examined and treated suffers from a debilitating medical
  2  6 condition that qualifies for the use of medical cannabidiol
  2  7 under this chapter, and if so determined, provide the patient
  2  8 with a written certification of that diagnosis.
  2  9    (2)  If a health care practitioner determines that the
  2 10 patient whom the health care practitioner has examined and
  2 11 treated suffers from a debilitating medical condition pursuant
  2 12 to section 124E.2, subsection 2, paragraph "j", that qualifies
  2 13 for the use of medical cannabidiol under this chapter, the
  2 14 health care practitioner's written certification shall be based
  2 15 on reasonable medical evidence, and shall be made in good
  2 16 faith, in the best interest of the patient, without fraudulent
  2 17 intent, and with the same reasonable medical judgment and
  2 18 prudence exercised according to generally accepted medical
  2 19 practice.
  2 20    Sec. 4.  Section 124E.5, subsection 6, Code 2018, is amended
  2 21 by striking the subsection.
  2 22    Sec. 5.  Section 423.3, Code 2018, is amended by adding the
  2 23 following new subsection:
  2 24    NEW SUBSECTION.  103.  The sales price of any medical
  2 25 cannabidiol product sold by a medical cannabidiol manufacturer
  2 26 or a medical cannabidiol dispensary pursuant to chapter 124E.
  2 27                           EXPLANATION
  2 28 The inclusion of this explanation does not constitute agreement with
  2 29 the explanation's substance by the members of the general assembly.
  2 30    This bill relates to the regulation of medical cannabidiol.
  2 31    The bill amends the definition of "debilitating medical
  2 32 condition" under the medical cannabidiol Act (Code chapter
  2 33 124E) by removing the requirement that multiple sclerosis be
  2 34 accompanied by severe and persistent muscle spasms, replacing
  2 35 the term "untreatable pain" with "severe or chronic pain", and
  3  1 including any medical condition for which a patient's health
  3  2 care practitioner determines the use of medical cannabidiol
  3  3 could be medically beneficial.
  3  4    The bill requires that any certification made by a health
  3  5 care practitioner for a patient for a debilitating medical
  3  6 condition not explicitly included on the list of debilitating
  3  7 medical conditions shall be made by a health care practitioner
  3  8 pursuant to reasonable medical evidence, in good faith, in
  3  9 the best interest of the patient, without fraudulent intent,
  3 10 and with the same reasonable medical judgment and prudence
  3 11 exercised according to generally accepted medical practice.
  3 12 Under current law, a health care practitioner may only issue
  3 13 a written certification for a debilitating medical condition
  3 14 explicitly included on the list of debilitating medical
  3 15 conditions. A written certification may be renewed on an
  3 16 annual basis if the health care practitioner determines that
  3 17 the patient continues to suffer from the debilitating medical
  3 18 condition.
  3 19    The bill alters the definition of medical cannabidiol by
  3 20 removing the requirements that medical cannabidiol be any
  3 21 pharmaceutical grade cannabinoid and that the cannabinoid has a
  3 22 tetrahydrocannabinol (THC) level of 3 percent or less.
  3 23    The bill exempts sales of medical cannabidiol products by
  3 24 a medical cannabidiol manufacturer or a medical cannabidiol
  3 25 dispensary pursuant to Code chapter 124E from sales tax.
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