Bill Text: IA SF469 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to marijuana, including the manufacture, delivery, and possession of marijuana and the licensure of retail marijuana, providing fees, including excise taxes, establishing a trust fund, and including penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-05 - Subcommittee: Garrett, R. Taylor, and Whiting. S.J. 469. [SF469 Detail]
Download: Iowa-2019-SF469-Introduced.html
Senate
File
469
-
Introduced
SENATE
FILE
469
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
marijuana,
including
the
manufacture,
1
delivery,
and
possession
of
marijuana
and
the
licensure
of
2
retail
marijuana,
providing
fees,
including
excise
taxes,
3
establishing
a
trust
fund,
and
including
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
CRIMINAL
PENALTIES
2
Section
1.
Section
124.401,
subsection
1,
unnumbered
3
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
4
Except
as
authorized
by
this
chapter
or
chapter
124E
or
5
124F
,
it
is
unlawful
for
any
person
to
manufacture,
deliver,
or
6
possess
with
the
intent
to
manufacture
or
deliver,
a
controlled
7
substance,
a
counterfeit
substance,
a
simulated
controlled
8
substance,
or
an
imitation
controlled
substance,
or
to
act
9
with,
enter
into
a
common
scheme
or
design
with,
or
conspire
10
with
one
or
more
other
persons
to
manufacture,
deliver,
or
11
possess
with
the
intent
to
manufacture
or
deliver
a
controlled
12
substance,
a
counterfeit
substance,
a
simulated
controlled
13
substance,
or
an
imitation
controlled
substance.
14
Sec.
2.
Section
124.401,
subsection
1,
paragraph
a,
15
subparagraph
(6),
Code
2019,
is
amended
by
striking
the
16
subparagraph.
17
Sec.
3.
Section
124.401,
subsection
1,
paragraph
b,
18
subparagraph
(6),
Code
2019,
is
amended
by
striking
the
19
subparagraph.
20
Sec.
4.
Section
124.401,
subsection
1,
paragraph
c,
21
subparagraph
(5),
Code
2019,
is
amended
by
striking
the
22
subparagraph.
23
Sec.
5.
Section
124.401,
subsection
1,
paragraph
c,
24
subparagraph
(9),
Code
2019,
is
amended
to
read
as
follows:
25
(9)
Any
other
controlled
substance,
counterfeit
substance,
26
simulated
controlled
substance,
or
imitation
controlled
27
substance
classified
in
schedule
I,
II,
or
III,
except
as
28
provided
in
paragraph
“d”
,
or
in
chapter
124E
or
124F
.
29
Sec.
6.
Section
124.401,
subsection
1,
paragraph
d,
Code
30
2019,
is
amended
to
read
as
follows:
31
d.
Violation
of
this
subsection
,
with
respect
to
any
other
32
controlled
substances,
counterfeit
substances,
simulated
33
controlled
substances,
or
imitation
controlled
substances
34
classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
35
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However,
violation
of
this
subsection
involving
fifty
kilograms
1
or
less
of
marijuana
or
involving
flunitrazepam
is
a
class
“D”
2
felony.
3
Sec.
7.
Section
124.401,
subsection
5,
unnumbered
paragraph
4
2,
Code
2019,
is
amended
to
read
as
follows:
5
If
the
controlled
substance
is
marijuana,
the
punishment
6
shall
be
by
imprisonment
in
the
county
jail
for
not
more
than
7
six
months
or
by
a
fine
of
not
more
than
one
thousand
dollars,
8
or
by
both
such
fine
and
imprisonment
for
a
first
offense.
If
9
the
controlled
substance
is
marijuana
and
the
person
has
been
10
previously
convicted
of
a
violation
of
this
subsection
in
which
11
the
controlled
substance
was
marijuana,
the
punishment
shall
be
12
as
provided
in
section
903.1,
subsection
1
,
paragraph
“b”
.
If
13
the
controlled
substance
is
marijuana
and
the
person
has
been
14
previously
convicted
two
or
more
times
of
a
violation
of
this
15
subsection
in
which
the
controlled
substance
was
marijuana,
16
the
person
is
guilty
of
an
aggravated
misdemeanor.
This
17
subsection
does
not
apply
to
the
possession
of
marijuana
which
18
is
punishable
pursuant
to
chapter
124F.
19
Sec.
8.
Section
124.407,
subsection
2,
Code
2019,
is
amended
20
to
read
as
follows:
21
2.
a.
Any
person
who
violates
this
section
and
where
the
22
controlled
substance
is
any
one
a
controlled
substance
other
23
than
marijuana
is
guilty
of
a
class
“D”
felony.
24
b.
Any
person
who
violates
this
section
,
and
where
the
25
controlled
substance
is
marijuana
only,
is
guilty
of
a
serious
26
misdemeanor.
27
Sec.
9.
Section
124.411,
subsection
2,
Code
2019,
is
amended
28
to
read
as
follows:
29
2.
For
purposes
of
this
section
,
an
offense
is
considered
30
a
second
or
subsequent
offense,
if,
prior
to
the
person’s
31
having
been
convicted
of
the
offense,
the
offender
has
ever
32
been
convicted
under
this
chapter
or
under
any
state
or
federal
33
statute
relating
to
narcotic
drugs
or
cocaine,
marijuana,
34
depressant,
stimulant,
or
hallucinogenic
drugs.
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Sec.
10.
NEW
SECTION
.
124F.1
Definitions.
1
As
used
in
this
subchapter:
2
1.
“Counterfeit
substance”
means
the
same
as
defined
in
3
section
124.101.
4
2.
“Imitation
controlled
substance”
means
the
same
as
5
defined
in
section
124.101.
6
3.
“Marijuana”
means
the
same
as
defined
in
section
124.101,
7
and
includes
a
counterfeit
substance,
imitation
controlled
8
substance,
or
simulated
controlled
substance
containing
a
9
detectable
amount
of
marijuana.
10
4.
“Simulated
controlled
substance”
means
the
same
as
11
defined
in
section
124.101.
12
Sec.
11.
NEW
SECTION
.
124F.2
Marijuana
——
penalties.
13
1.
Except
as
otherwise
provided
in
this
subchapter
and
14
chapter
124E,
it
is
unlawful
for
any
person
to
manufacture,
15
deliver,
or
possess
with
the
intent
to
manufacture
or
deliver
16
marijuana,
or
to
act
with,
enter
into
a
common
scheme
or
17
design
with,
or
conspire
with
one
or
more
other
persons
to
18
manufacture,
deliver,
or
possess
with
the
intent
to
manufacture
19
or
deliver
marijuana.
A
violation
of
this
subsection
involving
20
the
following
amounts
of
marijuana
shall
be
punishable
as
21
follows:
22
a.
More
than
twenty-two
kilograms
shall
be
a
class
“B”
23
felony.
24
b.
More
than
two
kilograms
but
not
more
than
twenty-two
25
kilograms
shall
be
a
class
“C”
felony.
26
c.
More
than
twelve
ounces
but
not
more
than
two
kilograms
27
shall
be
a
class
“D”
felony.
28
d.
More
than
four
ounces
but
not
more
than
twelve
ounces
29
shall
be
punishable
as
an
aggravated
misdemeanor.
30
e.
Four
ounces
or
less
shall
be
punishable
as
a
serious
31
misdemeanor,
except
as
provided
in
section
124F.3.
32
2.
a.
It
is
unlawful
for
any
person
knowingly
or
33
intentionally
to
possess
marijuana
unless
such
substance
was
34
obtained
directly
from,
or
pursuant
to,
a
valid
prescription
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or
order
of
a
practitioner
while
acting
in
the
course
of
the
1
practitioner’s
professional
practice,
or
except
as
otherwise
2
authorized
by
this
subsection.
A
violation
of
this
subsection
3
involving
the
possession
of
the
following
amounts
of
marijuana
4
shall
be
punishable
as
follows:
5
(1)
More
than
six
ounces
but
not
more
than
twelve
ounces
is
6
an
aggravated
misdemeanor.
7
(2)
More
than
four
ounces
but
not
more
than
six
ounces
is
8
a
serious
misdemeanor.
9
(3)
More
than
one
ounce
but
not
more
than
four
ounces
is
10
not
a
criminal
offense
but
shall
be
assessed
as
a
civil
penalty
11
in
the
amount
of
one
hundred
dollars,
except
if
the
person
is
12
under
twenty-one
years
of
age,
the
person
commits
a
serious
13
misdemeanor.
14
(a)
The
civil
penalty
shall
be
collected
by
the
clerk
of
the
15
district
court
pursuant
to
section
602.8105,
subsection
5.
16
(b)
Any
records
relating
to
the
civil
penalty
shall
not
17
be
displayed
for
public
viewing
on
the
Iowa
court
information
18
system.
19
(c)
Any
records
relating
to
the
civil
penalty
shall
not
20
be
kept
in
the
criminal
history
data
files
maintained
by
the
21
department
of
public
safety.
Any
records
relating
to
the
civil
22
penalty
shall
not
be
disseminated
to
other
criminal
or
juvenile
23
justice
agencies.
24
b.
(1)
Except
as
provided
in
subparagraph
(2),
a
person
25
does
not
violate
this
subsection
if
the
amount
of
marijuana
26
involved
is
one
ounce
or
less.
27
(2)
If
the
person
is
under
twenty-one
years
of
age,
the
28
person
commits
a
simple
misdemeanor.
29
3.
Upon
the
expiration
of
two
years
following
a
conviction
30
for
a
violation
of
subsection
2,
paragraph
“a”
,
subparagraph
31
(3),
or
for
a
violation
of
subsection
2,
paragraph
“b”
,
32
subparagraph
(2),
a
person
may
petition
the
court
to
expunge
33
the
conviction,
and
if
the
person
has
had
no
other
criminal
34
convictions,
other
than
local
traffic
violations
or
simple
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misdemeanor
violations
of
chapter
321
during
the
two-year
1
period,
the
conviction
shall
be
expunged
as
a
matter
of
2
law.
The
court
shall
enter
an
order
that
the
record
of
the
3
conviction
be
expunged
by
the
clerk
of
the
district
court.
4
Notwithstanding
section
692.2,
after
receipt
of
notice
from
5
the
clerk
of
the
district
court
that
a
record
of
conviction
6
has
been
expunged
pursuant
to
this
subsection,
the
record
of
7
conviction
shall
be
removed
from
the
criminal
history
data
8
files
maintained
by
the
department
of
public
safety.
9
Sec.
12.
NEW
SECTION
.
124F.3
Delivery
or
possession
with
10
the
intent
to
deliver
——
small
amounts.
11
If
the
amount
of
marijuana
delivered
or
possessed
with
12
intent
to
deliver
is
two
ounces
or
less
and
no
remuneration
was
13
provided,
the
defendant
shall
not
be
prosecuted
for
a
violation
14
of
this
subchapter.
15
Sec.
13.
NEW
SECTION
.
124F.4
Juvenile
offenses.
16
The
juvenile
court
shall
have
exclusive
original
17
jurisdiction
in
a
proceeding
concerning
a
minor
who
is
alleged
18
to
have
committed
a
violation
of
this
subchapter.
19
Sec.
14.
NEW
SECTION
.
124F.5
Marijuana
use
in
public.
20
1.
Marijuana
shall
not
be
consumed
in
areas
open
and
21
accessible
to
the
public,
including
but
not
limited
to
public
22
transportation
facilities,
sporting
or
music
venues,
parks,
23
playgrounds,
sidewalks
and
roads,
outdoor
cafes,
or
indoor
but
24
public
locations.
25
2.
A
person
who
violates
this
section
commits
a
simple
26
misdemeanor
punishable
as
a
scheduled
violation
under
section
27
805.8C,
subsection
12.
28
3.
Upon
the
expiration
of
two
years
following
conviction
29
for
a
violation
of
subsection
1,
a
person
may
petition
the
30
court
to
expunge
the
conviction,
and
if
the
person
has
had
no
31
other
criminal
convictions,
other
than
local
traffic
violations
32
or
simple
misdemeanor
violations
of
chapter
321
during
the
33
two-year
period,
the
conviction
shall
be
expunged
as
a
matter
34
of
law.
The
court
shall
enter
an
order
that
the
record
of
the
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conviction
be
expunged
by
the
clerk
of
the
district
court.
1
Notwithstanding
section
692.2,
after
receipt
of
notice
from
2
the
clerk
of
the
district
court
that
a
record
of
conviction
3
has
been
expunged
pursuant
to
this
subsection,
the
record
of
4
conviction
shall
be
removed
from
the
criminal
history
data
5
files
maintained
by
the
department
of
public
safety.
6
Sec.
15.
Section
602.8105,
Code
2019,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
5.
The
clerk
of
the
district
court
shall
9
collect
the
civil
penalty
assessed
pursuant
to
section
124F.2,
10
subsection
2,
paragraph
“a”
,
subparagraph
(3).
11
Sec.
16.
Section
805.8C,
Code
2019,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
12.
Marijuana
violations.
For
marijuana
14
use
in
public
violations
under
section
124F.5,
the
scheduled
15
fine
is
fifty
dollars
for
a
first
violation,
and
one
hundred
16
dollars
for
a
second
or
subsequent
violation.
17
Sec.
17.
REPEAL.
Section
124.410,
Code
2019,
is
repealed.
18
DIVISION
II
19
RETAIL
MARIJUANA
20
Sec.
18.
NEW
SECTION
.
124F.6
Purpose
and
findings.
21
In
the
interest
of
allowing
law
enforcement
to
focus
on
22
violent
and
property
crimes,
generating
revenue
for
education
23
and
other
public
purposes,
and
promoting
individual
freedom,
24
the
state
of
Iowa
finds
and
declares
that
the
use
of
marijuana
25
should
be
legal
for
persons
twenty-one
years
of
age
and
older
26
and
taxed
in
a
manner
similar
to
alcohol.
27
Sec.
19.
NEW
SECTION
.
124F.7
Definitions.
28
For
the
purposes
of
this
subchapter:
29
1.
“Division”
means
the
alcoholic
beverages
division
of
the
30
department
of
commerce.
31
2.
“Immature
plant”
means
a
nonflowering
marijuana
plant
32
that
is
no
taller
than
eight
inches
and
no
wider
than
eight
33
inches,
is
produced
from
a
cutting,
clipping,
or
seedling,
and
34
is
in
a
cultivating
container.
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469
3.
“License”
means
a
license
or
registration
issued
pursuant
1
to
this
subchapter.
2
4.
“Licensed
premises”
means
the
premises
specified
in
an
3
application
for
a
license
under
this
subchapter,
which
are
4
owned
or
in
possession
of
the
licensee
and
within
which
the
5
licensee
is
authorized
to
cultivate,
manufacture,
distribute,
6
sell,
or
test
retail
marijuana
and
retail
marijuana
products
in
7
accordance
with
this
subchapter.
8
5.
“Licensee”
means
a
person
licensed
or
registered
pursuant
9
to
this
subchapter.
10
6.
“Local
jurisdiction”
means
a
city
or
county.
11
7.
“Local
licensing
authority”
means,
for
any
local
12
jurisdiction
that
has
chosen
to
adopt
a
local
licensing
13
requirement
in
addition
to
the
state
licensing
requirements
14
of
this
subchapter,
an
authority
designated
by
a
municipal
15
or
county
ordinance,
or
resolution,
or
the
governing
body
of
16
a
municipality
or
county,
or
the
board
of
commissioners
of
a
17
county
if
no
such
authority
is
designated.
18
8.
“Location”
means
a
particular
parcel
of
land
that
may
be
19
identified
by
an
address
or
other
descriptive
means.
20
9.
“Marijuana”
means
the
same
as
defined
in
section
124.101.
21
10.
“Marijuana
accessories”
means
any
equipment,
products,
22
or
materials
of
any
kind
which
are
used,
intended
for
use,
or
23
designed
for
use
in
planting,
cultivating,
growing,
harvesting,
24
composting,
manufacturing,
compounding,
converting,
producing,
25
processing,
preparing,
testing,
analyzing,
packaging,
26
repackaging,
storing,
vaporizing,
or
containing
marijuana,
or
27
for
ingesting,
inhaling,
or
otherwise
introducing
marijuana
28
into
the
human
body.
29
11.
“Operating
fees”
means
fees
that
may
be
charged
by
a
30
local
jurisdiction
for
costs,
including
but
not
limited
to
31
costs
associated
with
the
inspection,
administration,
and
32
enforcement
of
retail
marijuana
establishments
authorized
33
pursuant
to
this
subchapter.
34
12.
“Person”
means
a
natural
person,
partnership,
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association,
company,
corporation,
limited
liability
company,
1
or
organization;
except
that
“person”
does
not
include
any
2
governmental
organization.
3
13.
“Retail
marijuana”
means
all
parts
of
the
plant
of
the
4
genus
Cannabis,
whether
growing
or
not,
the
seeds
thereof;
the
5
resin
extracted
from
any
part
of
the
plant;
and
every
compound,
6
manufacture,
salt,
derivative,
mixture,
or
preparation
of
the
7
plant,
its
seeds
or
resin,
including
marijuana
concentrate.
8
“Retail
marijuana”
does
not
include
industrial
hemp,
nor
does
9
it
include
fiber
produced
from
the
stalks,
oil
or
cake
made
10
from
the
seeds
of
the
plant,
sterilized
seeds
of
the
plant
11
which
are
incapable
of
germination,
or
the
weight
of
any
other
12
ingredient
combined
with
marijuana
to
prepare
topical
or
oral
13
administrations,
food,
drink,
or
other
product.
14
14.
“Retail
marijuana
cultivation
facility”
means
an
entity
15
licensed
to
cultivate,
prepare,
package,
and
sell
marijuana
to
16
retail
marijuana
stores,
to
marijuana
product
manufacturing
17
facilities,
and
to
other
marijuana
cultivation
facilities,
but
18
not
to
consumers.
19
15.
“Retail
marijuana
establishment”
means
a
retail
20
marijuana
store,
a
retail
marijuana
cultivation
facility,
or
a
21
retail
marijuana
products
manufacturer.
22
16.
“Retail
marijuana
products”
means
concentrated
marijuana
23
products
and
marijuana
products
that
are
comprised
of
marijuana
24
and
other
ingredients
and
are
intended
for
use
or
consumption,
25
such
as
but
not
limited
to
edible
products,
ointments,
and
26
tinctures.
27
17.
“Retail
marijuana
products
manufacturer”
means
an
entity
28
licensed
to
purchase
marijuana;
manufacture,
prepare,
and
29
package
marijuana
products;
and
sell
marijuana
and
marijuana
30
products
to
other
marijuana
product
manufacturing
facilities
31
and
to
retail
marijuana
stores,
but
not
to
consumers.
32
18.
“Retail
marijuana
store”
means
an
entity
licensed
33
to
purchase
marijuana
from
marijuana
cultivation
facilities
34
and
sell
marijuana
and
to
purchase
marijuana
products
from
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retail
marijuana
product
manufacturing
facilities
and
to
sell
1
marijuana
and
marijuana
products
to
consumers.
2
19.
“Retail
marijuana
transporter”
means
an
entity
or
person
3
licensed
to
transport
retail
marijuana
and
retail
marijuana
4
products
from
one
retail
marijuana
establishment
to
another
5
retail
marijuana
establishment
and
to
temporarily
store
the
6
transported
retail
marijuana
and
retail
marijuana
products
at
7
its
licensed
premises,
but
is
not
authorized
to
sell
retail
8
marijuana
or
retail
marijuana
products
under
any
circumstances.
9
Sec.
20.
NEW
SECTION
.
124F.8
Applicability.
10
1.
On
or
after
July
1,
2020,
an
applicant
may
apply
for
11
licensure
pursuant
to
this
subchapter.
A
license
issued
to
a
12
person
pursuant
to
this
subsection
shall
not
be
effective
until
13
October
1,
2020.
14
2.
a.
Pursuant
to
subsection
1,
an
applicant
shall
complete
15
forms
as
provided
by
the
division
and
shall
pay
the
application
16
fee
and
the
licensing
fee,
which
shall
be
credited
to
the
17
marijuana
cash
fund
established
pursuant
to
section
124F.19.
18
The
division
shall
forward,
within
seven
days
of
the
date
of
19
the
application,
one-half
of
the
application
fee
to
the
local
20
jurisdiction
unless
the
local
jurisdiction
has
prohibited
the
21
operation
of
retail
marijuana
establishments.
If
the
license
22
is
denied,
the
division
shall
refund
the
licensing
fee
to
the
23
applicant.
24
b.
The
division
shall
act
upon
an
application
made
pursuant
25
to
subsection
1
no
sooner
than
forty-five
days
and
no
later
26
than
ninety
days
after
the
date
of
the
application.
The
27
division
shall
process
applications
in
the
order
in
which
28
completed
applications
are
received
by
the
division.
29
3.
Any
local
jurisdiction
may
enact
ordinances
or
30
regulations
governing
the
time,
place,
manner,
and
number
of
31
retail
marijuana
establishments,
which
may
include
a
local
32
licensing
requirement,
or
may
prohibit
the
operation
of
retail
33
marijuana
establishments
by
ordinance
or
by
a
referred
or
34
initiated
measure.
If
a
county
acts
through
an
initiated
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measure,
the
proponents
shall
submit
a
petition
signed
by
not
1
less
than
fifteen
percent
of
the
registered
electors
in
the
2
county.
3
Sec.
21.
NEW
SECTION
.
124F.9
Retail
marijuana
licensure.
4
1.
The
division
shall
develop
and
maintain
a
seed-to-sale
5
tracking
system
that
tracks
retail
marijuana
from
either
6
seed
or
immature
plant
stage
until
the
marijuana
or
retail
7
marijuana
product
is
sold
to
a
customer
at
a
retail
marijuana
8
establishment
to
ensure
that
no
marijuana
grown
or
processed
9
by
a
retail
marijuana
establishment
is
sold
or
otherwise
10
transferred
except
by
a
retail
marijuana
store.
11
2.
The
division
shall
adopt
all
rules
necessary
for
the
12
implementation
of
this
chapter.
13
3.
Nothing
in
this
subchapter
shall
be
construed
to
be
14
a
delegation
to
the
division
of
the
power
to
fix
prices
for
15
retail
marijuana.
16
4.
Nothing
in
this
subchapter
shall
be
construed
to
limit
17
a
law
enforcement
agency’s
ability
to
investigate
unlawful
18
activity
in
relation
to
a
retail
marijuana
establishment.
A
19
law
enforcement
agency
shall
have
the
authority
to
conduct
a
20
criminal
history
record
check
of
a
licensee
and
an
employee
of
21
a
licensee
during
an
investigation
of
unlawful
activity
related
22
to
retail
marijuana
and
retail
marijuana
products.
23
5.
The
division
shall
create
a
statewide
licensure
class
24
system
for
retail
marijuana
cultivation
facilities.
The
25
classifications
may
be
based
upon
square
footage
of
the
26
facility;
lights,
lumens,
or
wattage;
canopy
lighting;
the
27
number
of
cultivating
plants;
a
combination
of
the
foregoing;
28
or
other
reasonable
metrics.
The
division
shall
create
a
fee
29
structure
for
the
licensure
class
system.
30
Sec.
22.
NEW
SECTION
.
124F.10
State
and
local
participation
31
in
licensure.
32
1.
When
the
division
receives
an
application
for
an
33
initial
license
or
a
renewal
of
an
existing
license
for
34
any
retail
marijuana
establishment,
the
division
shall
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provide,
within
seven
days
of
receipt
of
an
application,
1
a
copy
of
the
application
to
the
local
jurisdiction
in
2
which
the
establishment
is
to
be
located
unless
the
local
3
jurisdiction
has
prohibited
the
operation
of
retail
marijuana
4
establishments.
The
local
jurisdiction
shall
determine
whether
5
the
application
complies
with
local
restrictions
relating
6
to
time,
place,
manner,
and
the
number
of
retail
marijuana
7
establishments
allowed.
The
local
jurisdiction
shall
inform
8
the
division
whether
the
application
complies
with
local
9
restrictions.
10
2.
A
local
jurisdiction
may
impose
a
separate
local
11
licensing
requirement
as
a
part
of
its
restrictions
relating
12
to
time,
place,
manner,
and
the
number
of
retail
marijuana
13
establishments
allowed.
A
local
jurisdiction
may
decline
14
to
impose
any
local
licensing
requirements,
but
a
local
15
jurisdiction
shall
notify
the
division
that
it
either
approves
16
or
denies
each
application
received
by
the
local
jurisdiction.
17
3.
If
a
local
jurisdiction
issues
a
local
license
for
18
a
retail
marijuana
establishment,
a
local
jurisdiction
may
19
schedule
a
public
hearing
on
the
application.
If
the
local
20
jurisdiction
schedules
a
hearing,
it
shall
post
and
publish
21
public
notice
of
the
hearing
not
less
than
ten
days
prior
22
to
the
hearing.
The
local
jurisdiction
shall
give
public
23
notice
by
posting
a
sign
in
a
conspicuous
place
on
the
license
24
applicant’s
premises
for
which
a
local
license
application
25
has
been
made
and
by
publication
in
a
newspaper
of
general
26
circulation
in
the
county
in
which
the
applicant’s
premises
are
27
located.
28
4.
If
a
local
jurisdiction
does
not
issue
local
licenses,
29
the
local
jurisdiction
may
give
public
notice
of
the
state
30
license
application
by
posting
a
sign
in
a
conspicuous
place
31
on
the
state
license
applicant’s
premises
for
which
a
state
32
license
application
has
been
made
and
by
publication
in
a
33
newspaper
of
general
circulation
in
the
county
in
which
the
34
applicant’s
premises
are
located.
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5.
Applications
for
a
state
license
under
this
subchapter
1
must
be
made
to
the
division
on
forms
prepared
and
furnished
2
by
the
division
and
must
set
forth
such
information
as
the
3
division
may
require
to
enable
the
division
to
determine
4
whether
a
state
license
should
be
granted.
5
6.
The
division
shall
deny
a
state
license
if
the
premises
6
on
which
the
applicant
proposes
to
conduct
its
business
does
7
not
meet
the
requirements
of
this
subchapter.
The
division
8
may
refuse
or
deny
a
license
renewal,
reinstatement,
or
9
initial
license
issuance
for
good
cause.
For
purposes
of
this
10
subsection,
“good
cause”
means
any
of
the
following:
11
a.
The
licensee
or
applicant
has
violated,
does
not
meet,
12
or
has
failed
to
comply
with
any
of
the
terms,
conditions,
or
13
provisions
of
this
subchapter,
any
rules
promulgated
pursuant
14
to
this
subchapter,
or
any
supplemental
local
law,
rules,
or
15
regulations.
16
b.
The
licensee
or
applicant
has
failed
to
comply
with
any
17
special
terms
or
conditions
of
the
license
pursuant
to
an
order
18
of
the
division
or
local
licensing
authority.
19
c.
The
licensed
premises
have
been
operated
in
a
manner
that
20
adversely
affects
the
public
health
or
safety
of
the
immediate
21
neighborhood
in
which
the
retail
marijuana
establishment
is
22
located.
23
7.
If
the
division
denies
a
state
license
pursuant
to
24
subsection
6,
the
applicant
shall
be
entitled
to
a
hearing
25
pursuant
to
section
17A.12
and
judicial
review
pursuant
to
26
section
17A.19.
The
division
shall
provide
written
notice
of
27
the
grounds
for
denial
of
the
state
license
to
the
applicant
28
and
to
the
local
jurisdiction
at
least
fifteen
days
prior
to
29
the
hearing.
30
Sec.
23.
NEW
SECTION
.
124F.11
Establishment
and
owner
31
requirements.
32
1.
An
owner
who
is
a
natural
person
must
have
been
either
33
of
the
following:
34
a.
A
resident
of
Iowa
for
at
least
one
year
prior
to
the
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date
of
the
application.
1
b.
A
United
States
citizen
prior
to
the
date
of
the
2
application.
3
2.
A
retail
marijuana
establishment
may
be
composed
of
an
4
unlimited
number
of
owners
that
have
been
residents
of
Iowa
for
5
at
least
one
year
prior
to
the
date
of
the
application.
6
3.
The
division
shall
review
the
retail
marijuana
7
establishment’s
operating
documents
to
ensure
compliance
with
8
this
section.
9
Sec.
24.
NEW
SECTION
.
124F.12
Retail
marijuana
10
establishment
licensure.
11
1.
Local
jurisdictions
may
adopt
and
enforce
regulations
12
for
retail
marijuana
establishments
that
are
at
least
as
13
restrictive
as
the
provisions
of
this
subchapter
and
any
rule
14
promulgated
pursuant
to
this
subchapter.
15
2.
A
retail
marijuana
establishment
shall
not
operate
16
until
the
retail
marijuana
establishment
is
licensed
by
the
17
division
pursuant
to
this
subchapter
and
approved
by
the
18
relevant
local
jurisdiction.
If
an
application
is
denied
by
19
the
local
licensing
authority,
the
division
shall
revoke
the
20
state
license.
In
connection
with
a
license,
the
applicant
21
shall
provide
a
complete
and
accurate
application
as
required
22
by
the
division.
23
3.
A
retail
marijuana
establishment
shall
notify
the
24
division
in
writing
of
the
name,
address,
and
date
of
birth
of
25
a
new
owner,
officer,
or
manager
before
the
new
owner,
officer,
26
or
manager
begins
managing,
owning,
working,
or
otherwise
27
associating
with
the
establishment.
The
owner,
officer,
28
manager,
or
employee
shall
pass
a
fingerprint-based
criminal
29
history
record
check
as
required
by
the
division
and
shall
30
obtain
the
required
identification
prior
to
managing,
owning,
31
working,
or
otherwise
associating
with
the
establishment.
32
4.
Before
granting
a
state
license,
the
division
may
33
consider,
except
when
this
subchapter
specifically
provides
34
otherwise,
the
requirements
of
this
subchapter
and
any
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rules
promulgated
pursuant
to
this
subchapter,
and
all
other
1
reasonable
restrictions
that
are
or
may
be
placed
upon
a
2
licensee
by
the
division
or
local
licensing
authority.
3
5.
a.
Each
license
issued
under
this
subchapter
is
separate
4
and
distinct.
It
is
unlawful
for
a
person
to
exercise
any
5
of
the
privileges
granted
under
a
license
other
than
the
6
license
that
the
person
holds
or
for
a
licensee
to
allow
any
7
other
person
to
exercise
the
privileges
granted
under
the
8
licensee’s
license.
A
separate
license
shall
be
required
for
9
each
specific
business
or
business
entity
and
each
geographical
10
location.
11
b.
At
all
times,
a
licensee
shall
possess
and
maintain
12
possession
of
the
premises
for
which
the
license
is
issued
13
through
ownership,
lease,
rental,
or
other
arrangement
for
14
possession
of
the
premises.
15
6.
Each
licensee
shall
manage
the
licensed
premises
16
personally
or
employ
a
separate
and
distinct
manager
on
17
the
premises
and
shall
report
the
name
of
the
manager
to
18
the
division
and
local
licensing
authority.
The
licensee
19
shall
report
any
change
in
manager
to
the
division
and
local
20
licensing
authority
within
seven
days
after
the
change.
21
Sec.
25.
NEW
SECTION
.
124F.13
License
renewal.
22
1.
Ninety
days
prior
to
the
expiration
date
of
an
existing
23
license,
the
division
shall
notify
a
licensee
of
the
expiration
24
date
by
first
class
mail
at
the
licensee’s
address
of
record
25
with
the
division.
A
licensee
may
apply
for
the
renewal
of
26
an
existing
license
to
the
division
not
less
than
thirty
days
27
prior
to
the
date
of
expiration
of
the
existing
license.
Upon
28
receipt
of
an
application
for
renewal
of
an
existing
license
29
and
any
applicable
fees,
the
division
shall
submit,
within
30
seven
days
of
the
application,
a
copy
of
the
application
to
31
the
local
jurisdiction
to
determine
whether
the
application
32
complies
with
all
local
restrictions
on
renewal
of
licenses.
33
The
division
shall
not
accept
an
application
for
renewal
of
a
34
license
after
the
date
of
expiration,
except
as
provided
in
35
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subsection
3.
The
division
may
extend
the
expiration
date
of
1
the
license
and
accept
a
late
application
for
renewal
of
a
2
license
if
the
applicant
has
filed
a
timely
renewal
application
3
with
the
local
licensing
authority.
The
division
or
the
local
4
licensing
authority,
in
its
discretion,
and
subject
to
the
5
requirements
of
this
subsection
and
subsection
3
and
based
upon
6
reasonable
grounds,
may
waive
the
thirty-day
time
requirements
7
set
forth
in
this
subsection.
8
2.
The
division
may
request
additional
fingerprints
from
a
9
licensee
when
there
is
a
demonstrated
investigative
need.
10
3.
a.
Notwithstanding
the
provisions
of
subsection
1,
11
a
licensee
whose
license
has
been
expired
for
not
more
than
12
ninety
days
may
file
a
late
renewal
application
upon
the
13
payment
of
a
nonrefundable
late
application
fee
of
five
hundred
14
dollars
to
the
division.
A
licensee
who
files
a
late
renewal
15
application
and
pays
the
requisite
fees
may
continue
to
operate
16
until
the
division
takes
final
action
to
approve
or
deny
17
the
licensee’s
late
renewal
application
unless
the
division
18
summarily
suspends
the
license
pursuant
to
chapter
17A,
this
19
subchapter,
and
rules
promulgated
pursuant
to
this
subchapter.
20
b.
The
division
may
administratively
continue
a
license
21
and
accept
a
later
application
for
renewal
of
a
license
at
the
22
discretion
of
the
division.
23
Sec.
26.
NEW
SECTION
.
124F.14
Classes
of
licenses.
24
For
the
purpose
of
regulating
the
cultivation,
manufacture,
25
distribution,
sale,
and
testing
of
retail
marijuana
and
retail
26
marijuana
products,
the
division
in
its
discretion,
upon
27
receipt
of
an
application
in
the
prescribed
form,
may
issue
and
28
grant
to
the
applicant
a
license
or
registration
in
any
of
the
29
following
classes,
subject
to
the
provisions
and
restrictions
30
provided
by
this
subchapter:
31
1.
Retail
marijuana
store
license.
32
2.
Retail
marijuana
cultivation
facility
license.
33
3.
Retail
marijuana
products
manufacturing
license.
34
4.
Occupational
licenses
and
registrations
for
owners,
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managers,
operators,
employees,
contractors,
and
other
support
1
staff
employed
by,
working
in,
or
having
access
to
restricted
2
areas
of
the
licensed
premises,
as
determined
by
the
division.
3
The
division
may
take
any
action
with
respect
to
a
registration
4
pursuant
to
this
subchapter
as
it
may
with
respect
to
a
license
5
pursuant
to
this
subchapter,
in
accordance
with
the
procedures
6
established
pursuant
to
this
subchapter.
7
5.
Retail
marijuana
transporter
license.
8
Sec.
27.
NEW
SECTION
.
124F.15
Retail
marijuana
store
9
license.
10
1.
a.
A
retail
marijuana
store
license
shall
be
issued
11
by
the
division
only
to
a
person
selling
retail
marijuana
or
12
retail
marijuana
products
pursuant
to
the
terms
and
conditions
13
of
this
subchapter.
14
b.
A
retail
marijuana
store
shall
not
accept
any
retail
15
marijuana
purchased
from
a
retail
marijuana
cultivation
16
facility
unless
the
retail
marijuana
store
is
provided
with
17
evidence
that
any
applicable
excise
tax
due
was
paid.
18
2.
Notwithstanding
the
provisions
of
this
section,
a
19
retail
marijuana
store
licensee
may
also
sell
retail
marijuana
20
products
that
are
prepackaged
and
labeled
as
required
by
rules
21
of
the
division
pursuant
to
section
124F.9.
22
3.
a.
A
retail
marijuana
store
shall
not
sell
more
than
one
23
ounce
of
retail
marijuana
or
its
equivalent
in
retail
marijuana
24
products,
including
retail
marijuana
concentrate,
except
for
25
nonedible,
nonpsychoactive
retail
marijuana
products,
including
26
ointments,
lotions,
balms,
and
other
nontransdermal
topical
27
products
during
a
single
transaction
to
a
person.
28
b.
(1)
Prior
to
initiating
a
sale,
an
employee
of
the
29
retail
marijuana
store
making
the
sale
shall
verify
that
30
the
purchaser
has
a
valid
identification
card
showing
the
31
purchaser
is
twenty-one
years
of
age
or
older.
If
a
person
32
under
twenty-one
years
of
age
presents
fraudulent
proof
of
age,
33
any
action
relying
on
the
fraudulent
proof
of
age
shall
not
be
34
grounds
for
the
revocation
or
suspension
of
any
license
issued
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under
this
subchapter.
1
(2)
(a)
If
a
retail
marijuana
store
licensee
or
2
employee
has
reasonable
cause
to
believe
that
a
person
is
3
under
twenty-one
years
of
age
and
is
exhibiting
fraudulent
4
proof
of
age
in
an
attempt
to
obtain
any
retail
marijuana
5
or
cannabidiol-infused
product,
the
licensee
or
employee
6
is
authorized
to
confiscate
such
fraudulent
proof
of
age,
7
if
possible,
and
shall,
within
seventy-two
hours
after
the
8
confiscation,
remit
such
fraudulent
proof
of
age
to
a
state
9
or
local
law
enforcement
agency.
The
failure
to
confiscate
10
such
fraudulent
proof
of
age
or
to
remit
such
fraudulent
proof
11
of
age
to
a
state
or
local
law
enforcement
agency
within
12
seventy-two
hours
after
the
confiscation
shall
not
constitute
a
13
criminal
offense.
14
(b)
If
a
retail
marijuana
store
licensee
or
employee
15
believes
that
a
person
is
under
twenty-one
years
of
age
and
16
presents
fraudulent
proof
of
age
in
an
attempt
to
obtain
any
17
retail
marijuana
or
retail
cannabidiol-infused
product,
the
18
licensee
or
employee
or
any
peace
officer
or
police
officer,
19
acting
in
good
faith
and
upon
probable
cause
based
upon
20
reasonable
grounds
therefor,
may
detain
and
question
such
21
person
in
a
reasonable
manner
for
the
purpose
of
ascertaining
22
whether
the
person
is
guilty
of
any
unlawful
act
regarding
the
23
purchase
of
retail
marijuana.
The
questioning
of
a
person
by
a
24
licensee,
employee,
peace
officer,
or
police
officer
does
not
25
render
the
licensee,
employee,
peace
officer,
or
police
officer
26
civilly
or
criminally
liable
for
slander,
false
arrest,
false
27
imprisonment,
malicious
prosecution,
or
unlawful
detention.
28
4.
All
retail
marijuana
and
retail
marijuana
products
29
sold
at
a
licensed
retail
marijuana
store
shall
be
packaged
30
and
labeled
as
required
by
rules
of
the
division
pursuant
to
31
section
124F.9.
32
5.
a.
A
licensed
retail
marijuana
store
shall
only
33
sell
retail
marijuana,
retail
marijuana
products,
marijuana
34
accessories,
nonconsumable
products
such
as
apparel,
and
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marijuana-related
products
such
as
childproof
packaging
1
containers,
but
shall
be
prohibited
from
selling
or
giving
2
away
any
consumable
product,
including
but
not
limited
to
3
cigarettes,
alcohol,
or
an
edible
product
that
does
not
contain
4
marijuana,
including
but
not
limited
to
sodas,
candies,
or
5
baked
goods.
6
b.
A
licensed
retail
marijuana
store
shall
not
sell
any
7
retail
marijuana
or
retail
marijuana
products
that
contain
8
nicotine
or
alcohol,
if
the
sale
of
the
alcohol
would
require
a
9
license
pursuant
to
chapter
123.
10
c.
A
licensed
retail
marijuana
store
shall
not
sell
retail
11
marijuana
or
retail
marijuana
products
over
the
internet
nor
12
deliver
retail
marijuana
or
retail
marijuana
products
to
a
13
person
who
is
not
physically
present
in
the
retail
marijuana
14
store’s
licensed
premises.
15
6.
Retail
marijuana
or
retail
marijuana
products
shall
not
16
be
consumed
on
the
premises
of
a
retail
marijuana
store.
17
7.
Notwithstanding
any
other
provision
of
state
law,
sales
18
of
retail
marijuana
and
retail
marijuana
products
are
not
19
exempt
from
state
or
local
sales
tax.
20
Sec.
28.
NEW
SECTION
.
124F.16
Retail
marijuana
cultivation
21
facility
license.
22
1.
A
retail
marijuana
cultivation
facility
license
shall
23
be
issued
by
the
division
only
to
a
person
who
cultivates
24
retail
marijuana
for
sale
and
distribution
to
licensed
retail
25
marijuana
stores,
retail
marijuana
products
manufacturing
26
licensees,
or
other
retail
marijuana
cultivation
facilities.
27
2.
A
retail
marijuana
cultivation
facility
shall
remit
any
28
applicable
excise
tax
due.
29
3.
A
retail
marijuana
cultivation
facility
shall
track
30
the
marijuana
it
cultivates
from
seed
or
immature
plant
to
31
wholesale
purchase
of
the
retail
marijuana.
Prior
to
delivery
32
of
any
retail
marijuana
that
is
sold,
the
retail
marijuana
33
cultivation
facility
shall
provide
evidence
that
the
facility
34
paid
any
applicable
excise
tax
on
the
retail
marijuana
due.
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4.
A
retail
marijuana
cultivation
facility
may
provide,
1
except
as
required
by
section
124F.9,
a
sample
of
its
products
2
to
the
state
hygienic
laboratory
for
testing
and
research
3
purposes.
A
retail
marijuana
cultivation
facility
shall
4
maintain
a
record
of
the
sample
provided
to
the
state
hygienic
5
laboratory
and
the
testing
results.
6
5.
Retail
marijuana
or
retail
marijuana
products
shall
not
7
be
consumed
on
the
premises
of
a
retail
marijuana
cultivation
8
facility.
9
6.
The
division
shall
not
issue
more
than
twenty
retail
10
marijuana
cultivation
facility
licenses.
11
Sec.
29.
NEW
SECTION
.
124F.17
Retail
marijuana
products
12
manufacturing
license.
13
1.
a.
A
retail
marijuana
products
manufacturing
license
14
shall
be
issued
by
the
division
to
a
person
who
manufactures
15
retail
marijuana
products
pursuant
to
the
terms
and
conditions
16
of
this
subchapter.
17
b.
A
retail
marijuana
products
manufacturer
may
cultivate
18
its
own
retail
marijuana
if
the
manufacturer
obtains
a
retail
19
marijuana
cultivation
facility
license,
or
it
may
purchase
20
retail
marijuana
from
a
licensed
retail
marijuana
cultivation
21
facility.
A
retail
marijuana
products
manufacturer
shall
track
22
all
of
its
retail
marijuana
from
the
point
the
retail
marijuana
23
is
either
transferred
from
its
retail
marijuana
cultivation
24
facility
or
from
the
point
when
the
retail
marijuana
is
25
delivered
to
the
retail
marijuana
products
manufacturer
from
a
26
licensed
retail
marijuana
cultivation
facility
to
the
point
of
27
transfer
to
a
licensed
retail
marijuana
store.
28
c.
A
retail
marijuana
products
manufacturer
shall
not
29
accept
any
retail
marijuana
purchased
from
a
retail
marijuana
30
cultivation
facility
unless
the
retail
marijuana
products
31
manufacturer
is
provided
with
evidence
that
any
applicable
32
excise
tax
due
was
paid.
33
2.
All
retail
marijuana
products
shall
be
prepared
on
34
a
licensed
premises
used
exclusively
for
the
manufacture
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and
preparation
of
retail
marijuana
or
retail
marijuana
1
products
and
using
equipment
that
is
used
exclusively
for
the
2
manufacture
and
preparation
of
retail
marijuana
products;
3
except
that,
if
permitted
by
the
local
jurisdiction,
a
4
retail
marijuana
products
manufacturing
licensee
may
share
5
the
same
premises
as
a
medical
cannabidiol-infused
products
6
manufacturing
licensee
so
long
as
a
virtual
or
physical
7
separation
of
inventory
is
maintained
pursuant
to
rules
8
promulgated
by
the
division.
9
3.
All
licensed
premises
on
which
retail
marijuana
products
10
are
manufactured
shall
meet
the
sanitary
standards
for
retail
11
marijuana
product
preparation
promulgated
pursuant
to
section
12
124F.9.
13
4.
Retail
marijuana
or
retail
marijuana
products
shall
not
14
be
consumed
on
the
premises
of
a
retail
marijuana
products
15
manufacturing
facility.
16
5.
A
retail
marijuana
products
manufacturer
may
provide,
17
except
as
required
by
section
124F.9,
a
sample
of
its
products
18
to
the
state
hygienic
laboratory
for
testing
and
research
19
purposes.
A
retail
marijuana
products
manufacturer
shall
20
maintain
a
record
of
what
was
provided
to
the
state
hygienic
21
laboratory
and
the
results
of
the
testing.
22
6.
A
licensed
retail
marijuana
products
manufacturer
shall
23
package
and
label
each
product
manufactured
as
required
by
24
rules
of
the
division
pursuant
to
section
124F.9.
25
7.
All
retail
marijuana
products
that
require
refrigeration
26
to
prevent
spoilage
must
be
stored
and
transported
in
a
27
refrigerated
environment.
28
8.
The
division
shall
not
issue
more
than
twenty
retail
29
marijuana
products
manufacturer
licenses.
30
Sec.
30.
NEW
SECTION
.
124F.18
Retail
marijuana
transporter
31
license.
32
1.
a.
A
retail
marijuana
transporter
license
shall
be
33
issued
by
the
division
to
a
person
to
provide
logistics,
34
distribution,
and
storage
of
retail
marijuana
and
retail
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marijuana
products.
Notwithstanding
any
other
provisions
of
1
law,
a
retail
marijuana
transporter
license
shall
be
valid
for
2
two
years
from
the
date
of
issuance,
but
cannot
be
transferred
3
with
a
change
of
ownership.
A
licensed
retail
marijuana
4
transporter
shall
be
responsible
for
the
retail
marijuana
and
5
retail
marijuana
products
once
the
transporter
takes
control
6
of
the
product.
7
b.
A
licensed
retail
marijuana
transporter
may
contract
with
8
multiple
licensed
retail
marijuana
establishments.
9
c.
On
or
after
July
1,
2020,
all
retail
marijuana
10
transporters
shall
hold
a
valid
retail
marijuana
transporter
11
license;
except
that
an
entity
licensed
pursuant
to
this
12
subchapter
that
provides
its
own
distribution
is
not
required
13
to
hold
a
retail
marijuana
transporter
license
to
transport
and
14
distribute
its
products.
The
division
shall
begin
accepting
15
applications
after
January
1,
2020.
16
2.
A
retail
marijuana
transporter
licensee
shall
use
a
17
seed-to-sale
tracking
system
developed
pursuant
to
section
18
124F.9
to
create
shipping
manifests
documenting
the
transport
19
of
retail
marijuana
and
retail
marijuana
products
throughout
20
the
state.
21
Sec.
31.
NEW
SECTION
.
124F.19
Marijuana
cash
fund
——
fees.
22
1.
A
marijuana
cash
fund
is
created
under
the
control
of
23
the
division.
Moneys
in
the
fund
shall
be
used
to
administer
24
this
chapter.
Any
excess
funds
as
determined
by
the
division
25
shall
be
transferred
to
the
marijuana
trust
fund
established
in
26
section
124F.24
at
the
end
of
each
fiscal
quarter.
27
2.
The
application
fee
for
a
person
applying
pursuant
to
28
section
124F.8,
subsection
2,
shall
be
five
thousand
dollars.
29
The
division
shall
transfer
two
thousand
five
hundred
dollars
30
of
the
fee
to
the
marijuana
cash
fund
and
remit
two
thousand
31
five
hundred
dollars
to
the
local
jurisdiction
in
which
32
the
license
is
proposed
to
be
issued.
If
the
division
is
33
considering
raising
the
amount
of
the
application
fee,
it
shall
34
confer
with
each
local
jurisdiction
in
which
a
license
under
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this
subchapter
is
issued
prior
to
raising
the
application
1
fee.
If
the
application
fee
amount
is
changed,
it
shall
be
2
split
evenly
between
the
marijuana
cash
fund
and
the
local
3
jurisdiction
in
which
the
license
is
proposed
to
be
issued.
4
3.
A
local
jurisdiction
in
which
a
license
under
this
5
subchapter
may
be
permitted
may
adopt
and
impose
operating
fees
6
in
an
amount
determined
by
the
local
jurisdiction
on
retail
7
marijuana
establishments
located
within
the
local
jurisdiction.
8
Sec.
32.
NEW
SECTION
.
124F.20
Discipline.
9
In
addition
to
any
other
sanctions
prescribed
by
this
10
subchapter
or
rules
promulgated
pursuant
to
this
subchapter,
11
the
division
has
the
power,
on
its
own
motion
or
upon
12
complaint,
after
investigation
and
opportunity
for
a
public
13
hearing
at
which
a
licensee
must
be
afforded
an
opportunity
14
to
be
heard,
to
fine
a
licensee
or
to
suspend
or
revoke
15
a
license
issued
by
the
division
for
a
violation
by
the
16
licensee
or
by
any
of
the
agents
or
employees
of
the
licensee
17
of
the
provisions
of
this
subchapter,
or
any
of
the
rules
18
promulgated
pursuant
to
this
subchapter,
or
of
any
of
the
19
terms,
conditions,
or
provisions
of
the
license
issued
by
the
20
division.
The
division
has
the
power
to
administer
oaths
and
21
issue
subpoenas
to
require
the
presence
of
persons
and
the
22
production
of
papers,
books,
and
records
necessary
to
the
23
determination
of
a
hearing
that
the
division
is
authorized
to
24
conduct.
The
division
shall
conduct
a
contested
case
pursuant
25
to
chapter
17A
prior
to
imposing
discipline,
except
in
the
case
26
of
an
emergency
adjudication.
27
Sec.
33.
NEW
SECTION
.
124F.21
Disposition
of
seized
28
materials.
29
1.
This
section
shall
apply
in
addition
to
any
criminal,
30
civil,
or
administrative
penalties
and
in
addition
to
any
31
other
penalties
prescribed
by
this
subchapter
or
any
rules
32
promulgated
pursuant
to
this
subchapter.
33
2.
A
state
or
local
agency
shall
not
be
required
to
34
cultivate
or
care
for
any
retail
marijuana
or
retail
marijuana
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product
belonging
to
or
seized
from
a
licensee.
A
state
or
1
local
agency
shall
not
be
authorized
to
sell
marijuana
or
2
retail
marijuana.
3
3.
If
the
division
issues
a
final
order
imposing
a
4
disciplinary
action
against
a
licensee
pursuant
to
section
5
124F.20,
then,
in
addition
to
any
other
remedies,
the
6
division’s
final
order
may
specify
that
some
or
all
of
the
7
licensee’s
marijuana
or
marijuana
product
is
not
retail
8
marijuana
or
a
retail
marijuana
product
and
is
an
illegal
9
controlled
substance.
The
final
order
may
further
specify
that
10
the
licensee
shall
lose
any
interest
in
any
of
the
marijuana
or
11
marijuana
product
even
if
the
marijuana
or
marijuana
product
12
previously
qualified
as
retail
marijuana
or
a
retail
marijuana
13
product.
14
4.
On
or
before
January
1,
2020,
the
division
shall
15
promulgate
rules
governing
the
implementation
of
this
section.
16
Sec.
34.
NEW
SECTION
.
124F.22
Inspection
procedures.
17
1.
A
licensee
shall
keep
a
complete
set
of
all
records
18
necessary
to
show
fully
the
business
transactions
of
the
19
licensee,
all
of
which
shall
be
accessible
at
all
times
during
20
business
hours
for
inspection
and
examination
by
the
division
21
or
its
authorized
representatives.
The
division
may
require
22
a
licensee
to
furnish
such
information
as
necessary
for
the
23
proper
administration
of
this
subchapter
and
may
require
an
24
audit
to
be
made
of
the
books
of
account
and
records
on
such
25
occasions
as
necessary
by
an
auditor
selected
by
the
division
26
who
shall
have
access
to
all
books
and
records
of
the
licensee.
27
All
associated
expenses
shall
be
paid
by
the
licensee.
28
2.
Any
licensed
premises,
including
any
places
of
storage
29
where
retail
marijuana
or
retail
marijuana
products
are
stored,
30
cultivated,
sold,
dispensed,
or
tested
shall
be
subject
to
31
inspection
by
the
state
or
local
jurisdictions
and
their
32
investigators,
during
all
business
hours
and
during
other
times
33
when
employees
are
present,
for
the
purpose
of
inspection
34
or
investigation.
Access
shall
be
required
during
business
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hours
for
examination
of
any
inventory
or
books
and
records
1
required
to
be
kept
by
the
licensees.
If
any
part
of
the
2
licensed
premises
consists
of
a
locked
area,
upon
demand
to
3
the
licensee,
such
area
shall
be
made
available
for
inspection
4
without
delay,
and,
upon
request
by
authorized
representatives
5
of
the
state
or
local
jurisdiction,
the
licensee
shall
open
the
6
area
for
inspection.
7
3.
A
licensee
shall
retain
all
books
and
records
necessary
8
to
show
fully
the
business
transactions
of
the
licensee
for
9
a
period
of
the
current
tax
year
and
the
three
immediately
10
preceding
tax
years.
11
Sec.
35.
NEW
SECTION
.
124F.23
Retail
marijuana
excise
tax.
12
1.
There
is
levied
and
imposed
an
excise
tax
on
all
retail
13
marijuana
cultivation
facilities
within
the
state
in
the
14
following
amounts:
15
a.
On
an
immature
marijuana
plant,
twenty-five
dollars
per
16
plant.
17
b.
On
the
flowers
of
a
retail
marijuana
plant,
fifty
dollars
18
per
ounce,
or
a
proportional
amount
thereof
on
any
fraction
of
19
an
ounce.
20
c.
On
all
parts
of
a
retail
marijuana
plant
other
the
21
flowers
of
a
retail
marijuana
plant,
fifteen
dollars
per
ounce,
22
or
a
proportional
amount
thereof
on
any
fraction
of
an
ounce.
23
2.
A
retail
marijuana
cultivation
facility
shall
collect
24
the
applicable
excise
tax
at
the
point
of
first
sale.
25
3.
A
retail
marijuana
cultivation
facility
shall
pay
the
26
excise
tax
due
on
all
retail
marijuana
sold
in
the
previous
27
month
by
the
fifteenth
day
of
each
month.
28
4.
The
excise
tax
under
this
section
shall
be
paid
to
the
29
retail
marijuana
trust
fund
established
in
section
124F.24.
30
Sec.
36.
NEW
SECTION
.
124F.24
Retail
marijuana
trust
fund.
31
1.
A
retail
marijuana
trust
fund
is
created
in
the
state
32
treasury
under
the
control
of
the
division.
The
fund
shall
33
consist
of
all
moneys
deposited
in
the
fund
pursuant
to
34
sections
124F.19
and
124F.23,
and
all
interest
and
earnings
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thereon.
1
2.
The
director
of
the
division
is
the
trustee
of
the
fund
2
and
shall
administer
the
fund.
Any
loss
to
the
fund
shall
3
be
charged
against
the
fund
and
the
director
shall
not
be
4
personally
liable
for
such
loss.
In
addition,
the
director
is
5
the
trustee
of
any
trusts
referenced
in
section
457(g)
of
the
6
federal
Internal
Revenue
Code.
Any
loss
to
the
trusts
shall
7
be
charged
against
the
trusts
and
the
director
shall
not
be
8
personally
liable
for
such
loss.
9
3.
The
trustee
shall
administer
the
fund
and
distribute
10
moneys
therefrom
for
the
following
purposes:
11
a.
The
support
of
substance
abuse
prevention
programs.
12
b.
The
support
of
drug
courts.
13
c.
The
support
of
early
childhood
development
programs.
14
d.
Making
disbursements
to
the
county
supervisors
for
the
15
support
of
counties
that
have
licensed
at
least
one
retail
16
marijuana
establishment
and
to
the
city
council
for
the
support
17
of
cities
that
have
licensed
at
least
one
retail
marijuana
18
establishment.
19
4.
Notwithstanding
section
8.33,
moneys
in
the
trust
fund
20
shall
not
revert.
Notwithstanding
section
12C.7,
subsection
21
2,
interest
or
earnings
on
moneys
deposited
in
the
trust
fund
22
shall
be
credited
to
the
trust
fund.
23
Sec.
37.
NEW
SECTION
.
453B.17
Retail
marijuana.
24
This
chapter
shall
not
apply
to
retail
marijuana
or
retail
25
marijuana
products
produced
or
sold
pursuant
to
chapter
124F.
26
Sec.
38.
SUBCHAPTER
DESIGNATIONS.
27
1.
The
Code
editor
is
directed
to
create
two
new
subchapters
28
in
chapter
124F
as
follows:
29
a.
Subchapter
I
shall
be
entitled
“criminal
penalties”
and
30
include
sections
124F.1
through
124F.5.
31
b.
Subchapter
II
shall
be
entitled
“retail
marijuana”
and
32
include
sections
124F.6
through
124F.24.
33
2.
The
Code
editor
may
modify
subchapter
titles
if
necessary
34
and
is
directed
to
correct
internal
references
in
the
Code
as
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necessary
due
to
enactment
of
this
section.
1
Sec.
39.
EFFECTIVE
DATE.
This
Act
takes
effect
January
2
1,
2020,
except
that
the
alcoholic
beverages
division
of
the
3
department
of
commerce
may
adopt
rules
for
the
implementation
4
of
this
Act
prior
to
that
date.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
DIVISION
I
——
CRIMINAL
PENALTIES.
This
bill
modifies
9
criminal
penalties
relating
to
marijuana
by
eliminating
and
10
modifying
certain
criminal
provisions
in
Code
chapter
124
11
(uniform
controlled
substances
Act),
and
transferring
certain
12
criminal
provisions
from
Code
chapter
124
to
new
Code
chapter
13
124F.
14
MANUFACTURE,
DELIVERY,
OR
POSSESSION
WITH
INTENT
TO
DELIVER
15
MARIJUANA.
The
bill
provides
that
an
unauthorized
person
16
commits
a
class
“B”
felony
punishable
by
confinement
of
no
17
more
than
25
years
if
the
person
violates
new
Code
section
18
124F.2(1)(a)
and
the
controlled
substance
involves
more
than
19
22
kilograms
of
marijuana.
Currently,
such
a
person
commits
20
a
class
“B”
felony
punishable
by
confinement
of
no
more
than
21
50
years
if
the
controlled
substance
involves
more
than
1,000
22
kilograms
of
a
mixture
or
substance
containing
a
detectable
23
amount
of
marijuana,
or
a
class
“B”
felony
punishable
by
24
confinement
of
no
more
than
25
years
if
the
controlled
25
substance
involves
more
than
100
kilograms
of
marijuana
but
not
26
more
than
1,000
kilograms.
27
The
bill
provides
that
an
unauthorized
person
commits
a
28
class
“C”
felony
if
the
person
violates
new
Code
section
29
124F.2(1)(b)
and
the
controlled
substance
involves
more
than
30
2
kilograms
of
marijuana
but
not
more
than
22
kilograms.
31
Currently,
such
a
person
commits
a
class
“C”
felony
if
the
32
controlled
substance
involves
more
than
50
kilograms
of
33
marijuana
but
not
more
than
100
kilograms.
34
The
bill
provides
that
an
unauthorized
person
commits
a
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class
“D”
felony
if
the
person
violates
new
Code
section
1
124F.2(1)(c)
and
the
controlled
substance
involves
more
than
12
2
ounces
of
marijuana
but
not
more
than
2
kilograms.
Currently,
3
such
a
person
commits
a
class
“D”
felony
if
the
controlled
4
substance
involves
50
kilograms
or
less
of
marijuana.
5
The
bill
provides
that
an
unauthorized
person
commits
an
6
aggravated
misdemeanor
if
the
person
violates
new
Code
section
7
124F.2(1)(d)
and
the
controlled
substance
involves
more
than
4
8
ounces
of
marijuana
but
not
more
than
12
ounces.
Currently,
9
such
a
person
commits
a
class
“D”
felony.
10
The
bill
provides
that
an
unauthorized
person
commits
a
11
serious
misdemeanor
if
the
person
violates
new
Code
section
12
124F.2(1)(e)
and
the
controlled
substance
involves
4
ounces
or
13
less
of
marijuana.
Currently,
such
a
person
commits
a
class
14
“D”
felony.
15
POSSESSION
OF
MARIJUANA.
The
bill
provides
that
if
a
person
16
unlawfully
possesses
more
than
12
ounces
of
marijuana,
the
17
person
commits
a
class
“D”
felony.
18
The
bill
provides
that
if
a
person
unlawfully
possesses
more
19
than
6
ounces
of
marijuana
but
not
more
than
12
ounces,
the
20
person
commits
an
aggravated
misdemeanor.
21
The
bill
provides
that
if
a
person
unlawfully
possesses
more
22
than
2
ounces
of
marijuana
but
not
more
than
6
ounces,
the
23
person
commits
a
serious
misdemeanor.
24
The
bill
provides
that
if
a
person
21
years
of
age
or
older
25
possesses
more
than
1
ounce
of
marijuana
but
not
more
than
26
2
ounces,
the
person
does
not
commit
a
criminal
offense
but
27
shall
be
assessed
a
civil
penalty
in
the
amount
of
$100.
If
28
the
person
is
under
21
years
of
age,
the
offense
shall
be
29
punishable
as
a
serious
misdemeanor,
which
may
be
expunged
30
after
two
years
if
the
person
does
not
commit
additional
31
criminal
violations
other
than
traffic
offenses.
The
bill
32
provides
that
any
records
relating
to
the
civil
penalty
33
shall
not
be
displayed
for
public
viewing
on
the
Iowa
court
34
information
system
and
such
records
shall
not
be
kept
in
the
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criminal
history
files
maintained
by
the
department
of
public
1
safety.
2
A
person
does
not
unlawfully
possesses
marijuana
under
the
3
bill
if
the
amount
of
marijuana
possessed
is
one
ounce
or
less.
4
However,
if
the
person
is
under
21
years
of
age,
the
person
5
commits
a
simple
misdemeanor,
which
may
be
expunged
after
6
two
years
if
the
person
does
not
commit
additional
criminal
7
violations
other
than
traffic
offenses.
8
Currently,
if
a
person
unlawfully
possesses
marijuana,
the
9
person
shall
be
punished
by
imprisonment
in
the
county
jail
for
10
not
more
than
six
months
or
by
a
fine
of
not
more
than
$1,000,
11
or
by
both
for
a
first
offense.
If
the
person
has
previously
12
been
convicted
of
marijuana
possession,
the
person
commits
a
13
serious
misdemeanor
under
current
law,
and
if
the
person
has
14
been
convicted
of
marijuana
possession
two
or
more
times,
the
15
person
commits
an
aggravated
misdemeanor.
16
SMALL
AMOUNTS
OF
MARIJUANA.
If
the
amount
of
marijuana
17
delivered
or
possessed
with
intent
to
deliver
is
one
ounce
or
18
less
and
no
remuneration
was
provided,
the
defendant
shall
not
19
be
prosecuted
for
a
violation
of
the
bill.
20
MARIJUANA
USE
IN
PUBLIC.
The
bill
prohibits
the
consumption
21
of
marijuana
in
areas
open
and
accessible
to
the
public,
22
including
but
not
limited
to
public
transportation
facilities,
23
sporting
or
music
venues,
parks,
playgrounds,
sidewalks
and
24
roads,
outdoor
cafes,
or
indoor
but
public
locations.
A
person
25
who
violates
this
provision
commits
a
simple
misdemeanor
26
punishable
as
a
scheduled
violation
in
the
amount
of
$50
for
27
a
first
offense
and
$100
for
a
second
or
subsequent
offense.
28
This
violation
may
be
expunged
after
two
years
if
the
person
29
does
not
commit
additional
criminal
violations
other
than
30
traffic
offenses.
31
JUVENILE
MARIJUANA
OFFENSES.
The
bill
specifies
that
the
32
juvenile
court
shall
have
exclusive
original
jurisdiction
in
a
33
proceeding
concerning
a
minor
who
is
alleged
to
have
committed
34
a
violation
of
the
bill.
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GATHERINGS
WHERE
CONTROLLED
SUBSTANCES
UNLAWFULLY
USED.
1
The
bill
strikes
a
provision
making
it
a
serious
misdemeanor
2
for
a
person
to
sponsor,
promote,
or
aid
in
the
sponsoring
3
or
promoting
of
a
meeting
or
gathering
with
the
knowledge
or
4
intent
that
marijuana
be
distributed,
used,
or
possessed
at
the
5
meeting
or
gathering
in
violation
of
Code
chapter
124.
6
ACCOMMODATION
OFFENSE.
The
bill
strikes
a
provision
7
allowing
a
prosecution
for
unlawful
delivery
or
possession
with
8
intent
to
deliver
marijuana,
if
the
prosecution
proves
that
9
the
defendant
delivered
or
possessed
with
intent
to
deliver
10
one-half
ounce
or
less
of
marijuana
which
was
not
offered
for
11
sale,
the
defendant
is
guilty
of
an
accommodation
offense
12
and
rather
than
being
sentenced
for
a
class
“D”
felony
under
13
Code
section
124.401(1)(d),
the
person
is
sentenced
for
a
14
misdemeanor
in
violation
of
Code
section
124.401(5).
15
SECOND
OR
SUBSEQUENT
OFFENSES.
Currently,
a
person
16
convicted
of
a
second
or
subsequent
offense
under
Code
chapter
17
124
may
be
punished
by
imprisonment
for
a
period
not
to
exceed
18
three
times
the
term
otherwise
authorized,
or
fined
not
more
19
than
three
times
the
amount
otherwise
authorized.
The
bill
20
strikes
the
provision
that
allows
for
the
use
of
a
previous
21
marijuana
conviction
in
determining
if
a
person
has
been
22
convicted
of
a
second
or
subsequent
offense
under
Code
chapter
23
124.
24
DIVISION
II
——
RETAIL
MARIJUANA.
Division
II
of
the
25
bill
relates
to
the
regulation
of
retail
marijuana
in
Iowa.
26
The
bill
grants
the
alcoholic
beverages
division
of
the
27
department
of
commerce
(division)
the
authority
to
regulate
the
28
cultivation,
production,
transportation,
testing,
and
sale
of
29
retail
marijuana
and
retail
marijuana
products,
including
by
30
issuing
appropriate
licenses
and
promulgating
rules.
31
The
bill
requires
the
division
to
transfer
half
of
any
32
application
fee
collected
to
the
local
jurisdiction
in
which
33
the
retail
marijuana
establishment
will
be
located
and
to
34
deposit
the
other
half
in
the
marijuana
cash
fund
under
the
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control
of
the
division.
The
bill
allows
local
jurisdictions
1
to
impose
limitations
on
the
operation
of
retail
marijuana
2
establishments,
including
by
prohibiting
their
operation.
3
The
bill
directs
the
division
to
develop
and
maintain
a
4
seed-to-sale
tracking
system
to
track
retail
marijuana
from
the
5
seed
or
immature
plant
stage
until
it
is
sold
to
a
consumer
at
a
6
retail
marijuana
establishment.
7
LOCAL
LICENSES.
The
bill
requires
the
division
to
transmit
8
any
application
for
a
retail
marijuana
establishment
it
9
receives
to
the
local
jurisdiction
where
the
establishment
10
will
be
located
within
seven
days
of
receipt
unless
the
11
local
jurisdiction
has
prohibited
the
operation
of
retail
12
marijuana
establishments.
The
local
jurisdiction
must
then
13
inform
the
division
whether
the
application
complies
with
14
any
local
restrictions
on
the
operation
of
retail
marijuana
15
establishments
it
may
have
imposed.
The
bill
requires
a
person
16
to
receive
approval
from
both
the
division
and
the
local
17
jurisdiction
before
operating
a
retail
marijuana
establishment.
18
A
person
whose
application
for
a
license
is
denied
is
entitled
19
to
a
hearing
and
judicial
review
pursuant
to
Code
chapter
17A.
20
LICENSES.
Ninety
days
prior
to
the
expiration
date
of
an
21
existing
license,
the
division
shall
notify
the
licensee
of
the
22
expiration
date
by
first
class
mail
at
the
licensee’s
address
23
of
record
with
the
division.
A
licensee
may
apply
for
the
24
renewal
of
an
existing
license
to
the
division
not
less
than
30
25
days
prior
to
the
date
of
expiration.
26
RETAIL
MARIJUANA
STORES.
The
bill
allows
a
retail
marijuana
27
store
to
purchase
retail
marijuana
from
a
retail
marijuana
28
cultivation
facility.
A
retail
marijuana
store
may
also
29
sell
prepackaged
and
labeled
retail
marijuana
products.
A
30
retail
marijuana
store
must
track
all
of
its
retail
marijuana
31
and
retail
marijuana
products
from
the
point
that
they
are
32
transferred
to
the
retail
marijuana
store
to
the
point
of
33
sale.
The
bill
prohibits
a
retail
marijuana
store
from
selling
34
more
than
one
ounce
of
retail
marijuana
or
its
equivalent
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in
a
single
transaction
to
a
person,
excluding
nonedible,
1
nonpsychoactive
retail
marijuana
products.
2
Prior
to
initiating
a
sale,
the
bill
requires
a
retail
3
marijuana
store
employee
to
verify
that
that
purchaser
has
a
4
valid
identification
card
showing
that
the
person
is
21
years
5
of
age
or
older.
If
a
purchaser
presents
a
retail
marijuana
6
store
employee
with
fraudulent
proof
of
age,
any
action
taken
7
in
reliance
on
that
proof
of
age
shall
not
be
grounds
for
the
8
revocation
or
suspension
of
a
license.
9
The
bill
allows
a
retail
marijuana
store
to
provide
to
the
10
state
hygienic
laboratory
a
sample
of
its
products
for
testing
11
and
research
purposes.
The
retail
marijuana
store
shall
12
maintain
a
record
of
what
was
provided
to
the
laboratory
and
13
the
results
of
the
testing.
14
The
bill
prohibits
a
retail
marijuana
store
from
selling
15
any
products
other
than
retail
marijuana,
retail
marijuana
16
products,
marijuana
accessories,
nonconsumable
products
such
as
17
apparel,
and
marijuana
products
such
as
childproof
packaging
18
containers.
19
RETAIL
MARIJUANA
CULTIVATION.
The
bill
allows
the
division
20
to
issue
up
to
20
retail
marijuana
cultivation
facility
21
licenses
to
persons
who
cultivate
retail
marijuana
for
sale
22
and
distribution
to
retail
marijuana
stores,
manufacturers,
23
or
other
cultivation
facilities.
The
bill
requires
a
retail
24
marijuana
cultivation
facility
to
remit
any
applicable
tax
due.
25
The
bill
also
requires
a
retail
marijuana
cultivation
facility
26
to
track
the
marijuana
it
cultivates
from
seed
or
immature
27
plant
to
wholesale
purchase.
28
RETAIL
MARIJUANA
PRODUCTS
MANUFACTURING.
The
bill
allows
29
the
division
to
issue
up
to
20
retail
marijuana
products
30
manufacturing
license
to
persons
who
manufacture
retail
31
marijuana
products.
The
bill
requires
a
retail
marijuana
32
products
manufacturer
to
track
all
of
its
retail
marijuana
from
33
the
point
it
is
either
transferred
from
its
retail
marijuana
34
cultivation
facility
or
the
point
when
it
is
delivered
to
the
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retail
marijuana
products
manufacturer
from
a
retail
marijuana
1
cultivation
facility
to
the
point
of
transfer
to
a
retail
2
marijuana
store.
3
The
bill
requires
retail
marijuana
products
to
be
4
manufactured
and
prepared
in
a
facility
that
only
manufactures
5
retail
marijuana
products,
except
that
premises
may
be
shared
6
with
a
medical
cannabidiol-infused
products
manufacturer
so
7
long
as
a
virtual
or
physical
separation
of
inventory
is
8
maintained.
9
RETAIL
MARIJUANA
TRANSPORTATION.
The
bill
allows
the
10
division
to
issue
a
retail
marijuana
transporter
license
to
11
a
person
to
provide
logistics,
distribution,
and
storage
of
12
retail
marijuana
and
retail
marijuana
products.
The
bill
13
requires
a
retail
marijuana
transporter
to
use
the
seed-to-sale
14
tracking
system
to
create
shipping
manifests
documenting
the
15
transport
of
retail
marijuana
and
retail
marijuana
products.
16
FEES.
The
bill
allows
the
division
to
collect
and
charge
17
fees.
The
bill
sets
the
application
fee
for
a
person
applying
18
for
a
new
retail
marijuana
establishment
license
at
$5,000,
19
which
shall
be
divided
evenly
between
the
marijuana
cash
fund
20
and
the
local
jurisdiction
where
the
license
is
proposed
to
21
be
issued.
The
bill
permits
a
local
jurisdiction
to
impose
22
operating
fees
on
retail
marijuana
establishments
to
which
it
23
has
granted
a
license.
24
LICENSE
DISCIPLINE.
The
bill
permits
the
division,
on
its
25
own
motion
or
complaint,
and
after
investigation,
notice,
26
a
public
hearing,
and
opportunity
to
be
heard,
to
suspend
27
or
revoke
a
license
if
the
licensee
or
any
of
its
agents
or
28
employees
violate
a
provision
of
the
bill
or
a
rule
promulgated
29
by
the
division.
The
division
may
administer
oaths
and
issue
30
subpoenas
to
require
the
presence
of
persons
and
the
production
31
of
documents.
The
division
may
impose
discipline
pursuant
to
32
rules
and
Code
chapter
17A.
33
INSPECTION.
The
bill
requires
a
licensee
to
keep
a
complete
34
set
of
all
records
necessary
to
show
fully
the
business
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transactions
of
the
licensee,
all
of
which
shall
be
open
at
all
1
times
during
business
hours
for
the
inspection
and
examination
2
by
the
division
or
its
duly
authorized
representatives.
3
The
bill
requires
the
licensed
premises
of
a
retail
4
marijuana
establishment,
including
any
places
of
storage
5
where
retail
marijuana
or
retail
marijuana
products
are
6
stored,
cultivated,
sold,
dispensed,
or
tested
to
be
subject
7
to
inspection
by
the
state
or
local
jurisdictions
and
their
8
investigators,
during
all
business
hours
and
other
times
9
of
apparent
activity,
for
the
purpose
of
inspection
or
10
investigation.
11
The
bill
imposes
on
excise
tax
on
retail
marijuana
12
cultivation
facilities
in
the
amount
$25
per
immature
plant,
13
$50
per
ounce
of
the
flowers
of
a
retail
marijuana
plant,
14
and
$15
per
ounce
on
all
other
parts
of
a
retail
marijuana
15
plant.
A
retail
marijuana
cultivation
facility
is
required
to
16
collect
this
tax
at
the
point
of
first
sale.
The
tax
owed
for
17
each
month’s
sales
must
be
transferred
by
a
retail
marijuana
18
cultivation
facility
to
the
retail
marijuana
trust
fund
by
the
19
15th
day
of
the
next
month.
20
The
bill
establishes
the
retail
marijuana
trust
fund
21
under
the
control
of
the
division.
The
fund
consists
of
22
all
excise
taxes
collected
and
any
excess
funds
transferred
23
from
the
retail
marijuana
cash
fund,
as
well
as
the
interest
24
and
earnings
thereon.
The
director
of
the
division
is
the
25
trustee
of
the
fund
and
is
required
to
administer
the
fund
and
26
distribute
moneys
for
the
support
of
substance
abuse
programs,
27
drug
courts,
early
childhood
development
programs,
and
counties
28
and
cities
that
have
licensed
at
least
one
retail
marijuana
29
establishment.
Moneys
in
the
fund
are
not
subject
to
reversion
30
to
the
general
fund
of
the
state.
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