Bill Text: IA SF484 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to the medical cannabis Act and providing for civil and criminal penalties and fees. (Formerly SSB 1243.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-04-27 - Amendments H-8300 and H-8302 filed. H.J. 775. [SF484 Detail]
Download: Iowa-2015-SF484-Amended.html
Senate File 484 - Reprinted SENATE FILE BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1243) (As Amended and Passed by the Senate April 15, 2015) A BILL FOR 1 An Act relating to the medical cannabis Act and providing for 2 civil and criminal penalties and fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 484 (6) 86 rh/rj/jh PAG LIN 1 1 Section 1. Section 124.204, subsection 4, paragraphs m and 1 2 u, Code 2015, are amended by striking the paragraphs. 1 3 Sec. 2. Section 124.204, subsection 7, Code 2015, is amended 1 4 by striking the subsection. 1 5 Sec. 3. Section 124.206, subsection 7, Code 2015, is amended 1 6 to read as follows: 1 7 7. Hallucinogenic substances. Unless specifically excepted 1 8 or unless listed in another schedule, any material, compound, 1 9 mixture, or preparation which contains any quantity of the 1 10 following substances, or, for purposes of paragraphs "a" and 1 11 "b", which contains any of its salts, isomers, or salts of 1 12 isomers whenever the existence of such salts, isomers, or salts 1 13 of isomers is possible within the specific chemical designation 1 14 (for purposes of this paragraph only, the term "isomer" includes 1 15 the optical, positional, and geometric isomers): 1 16 a. Marijuanawhen used for medicinal purposes pursuant to 1 17 rules of the board. 1 18 b. Tetrahydrocannabinols, meaning tetrahydrocannabinols 1 19 naturally contained in a plant of the genus Cannabis (Cannabis 1 20 plant) as well as synthetic equivalents of the substances 1 21 contained in the Cannabis plant, or in the resinous extractives 1 22 of such plant, and synthetic substances, derivatives, and their 1 23 isomers with similar chemical structure and pharmacological 1 24 activity to those substances contained in the plant, such as 1 25 the following: 1 26 (1) 1 cis or trans tetrahydrocannabinol, and their optical 1 27 isomers. 1 28 (2) 6 cis or trans tetrahydrocannabinol, and their optical 1 29 isomers. 1 30 (3) 3,4 cis or trans tetrahydrocannabinol, and their 1 31 optical isomers. (Since nomenclature of these substances 1 32 is not internationally standardized, compounds of these 1 33 structures, regardless of numerical designation of atomic 1 34 positions covered.) 1 35b.c. Nabilone [another name for 2 1 nabilone: (+=) = 2 2 trans=3=(1,1=dimethylheptyl)=6,6a,7,8,10,10a=hexahydro=1= 2 3 hydroxy=6,6=dimethyl=9H=dibenzo[b,d]pyran=9=one]. 2 4 Sec. 4. Section 124.401, subsection 5, unnumbered paragraph 2 5 3, Code 2015, is amended to read as follows: 2 6 A person may knowingly or intentionally recommend, possess, 2 7 use, dispense, deliver, transport, or administercannabidiol 2 8medical cannabis if the recommendation, possession, use, 2 9 dispensing, delivery, transporting, or administering is in 2 10 accordance with the provisions of chapter124D124E. For 2 11 purposes of this paragraph,"cannabidiol""medical cannabis" 2 12 means the same as defined in section124D.2124E.2. 2 13 Sec. 5. NEW SECTION. 124E.1 Short title. 2 14 This chapter shall be known and may be cited as the "Medical 2 15 Cannabis Act". 2 16 Sec. 6. NEW SECTION. 124E.2 Definitions. 2 17 As used in this chapter: 2 18 1. "Debilitating medical condition" means any of the 2 19 following: 2 20 a. Cancer. 2 21 b. Multiple sclerosis. 2 22 c. Epilepsy. 2 23 d. AIDS or HIV as defined in section 141A.1. 2 24 e. Glaucoma. 2 25 f. Hepatitis C. 2 26 g. Crohn's disease or ulcerative colitis. 2 27 h. Amyotrophic lateral sclerosis. 2 28 i. Ehlers=danlos syndrome. 2 29 j. Post=traumatic stress disorder. 2 30 k. Severe, chronic pain caused by an underlying medical 2 31 condition that is not responsive to conventional treatment or 2 32 conventional treatment that produces debilitating side effects. 2 33 l. Any other chronic or debilitating disease or medical 2 34 condition or its medical treatment approved by the department 2 35 pursuant to rule. 3 1 2. "Department" means the department of public health. 3 2 3. "Disqualifying felony offense" means a violation under 3 3 federal or state law of a felony offense, which has as an 3 4 element the possession, use, or distribution of a controlled 3 5 substance, as defined in 21 U.S.C. {802(6). 3 6 4. "Enclosed, locked facility" means a closet, room, 3 7 greenhouse, or other enclosed area equipped with locks or other 3 8 security devices that permit access only by a cardholder. 3 9 5. "Health care practitioner" means an individual licensed 3 10 under chapter 148 to practice medicine and surgery or 3 11 osteopathic medicine and surgery, a physician assistant 3 12 licensed under chapter 148C, or an advanced registered nurse 3 13 practitioner licensed pursuant to chapter 152 or 152E. 3 14 6. "Medical cannabis" means any species of the genus 3 15 cannabis plant, or any mixture or preparation of them, 3 16 including whole plant extracts and resins. 3 17 7. "Medical cannabis dispensary" means an entity licensed 3 18 under section 124E.8 that acquires medical cannabis from a 3 19 medical cannabis manufacturer in this state for the purpose 3 20 of dispensing medical cannabis in this state pursuant to this 3 21 chapter. 3 22 8. "Medical cannabis manufacturer" means an entity licensed 3 23 by the department to manufacture and to possess, cultivate, 3 24 transport, or supply medical cannabis pursuant to the 3 25 provisions of this chapter. 3 26 9. "Primary caregiver" means a person, at least eighteen 3 27 years of age, who has been designated by a patient's health 3 28 care practitioner or a person having custody of a patient, as 3 29 a necessary caretaker taking responsibility for managing the 3 30 well=being of the patient with respect to the use of medical 3 31 cannabis pursuant to the provisions of this chapter. 3 32 10. "Written certification" means a document signed by a 3 33 health care practitioner, with whom the patient has established 3 34 a patient=provider relationship, which states that the patient 3 35 has a debilitating medical condition and identifies that 4 1 condition and provides any other relevant information. 4 2 Sec. 7. NEW SECTION. 124E.3 Health care practitioner 4 3 certification ==== duties. 4 4 1. Prior to a patient's submission of an application for a 4 5 medical cannabis card pursuant to section 124E.4, a health care 4 6 practitioner shall do all of the following: 4 7 a. Determine, in the health care practitioner's medical 4 8 judgment, whether the patient whom the health care practitioner 4 9 has examined and treated suffers from a debilitating medical 4 10 condition that qualifies for the use of medical cannabis under 4 11 this chapter, and if so determined, provide the patient with a 4 12 written certification of that diagnosis. 4 13 b. Provide explanatory information as provided by the 4 14 department to the patient about the therapeutic use of medical 4 15 cannabis. 4 16 2. Determine, on an annual basis, if the patient continues 4 17 to suffer from a debilitating medical condition and, if so, 4 18 issue the patient a new certification of that diagnosis. 4 19 3. Otherwise comply with all requirements established by 4 20 the department pursuant to rule. 4 21 4. A health care practitioner may provide, but has no duty 4 22 to provide, a written certification pursuant to this section. 4 23 Sec. 8. NEW SECTION. 124E.4 Medical cannabis registration 4 24 card. 4 25 1. Issuance to patient. The department may approve the 4 26 issuance of a medical cannabis registration card by the 4 27 department of transportation to a patient who: 4 28 a. Is at least eighteen years of age. 4 29 b. Is a permanent resident of this state. 4 30 c. Submits a written certification to the department signed 4 31 by the patient's health care practitioner that the patient is 4 32 suffering from a debilitating medical condition. 4 33 d. Submits an application to the department, on a form 4 34 created by the department, in consultation with the department 4 35 of transportation, that contains all of the following: 5 1 (1) The patient's full name, Iowa residence address, date 5 2 of birth, and telephone number. 5 3 (2) A copy of the patient's valid photo identification. 5 4 (3) Full name, address, and telephone number of the 5 5 patient's health care practitioner. 5 6 (4) Full name, residence address, date of birth, and 5 7 telephone number of each primary caregiver of the patient, if 5 8 any. 5 9 (5) Any other information required by rule. 5 10 e. Submits a medical cannabis registration card fee of one 5 11 hundred dollars to the department. If the patient attests to 5 12 receiving social security disability benefits, supplemental 5 13 security insurance payments, or being enrolled in medical 5 14 assistance, the fee shall be twenty=five dollars. 5 15 2. Patient card contents. A medical cannabis registration 5 16 card issued to a patient by the department of transportation 5 17 pursuant to subsection 1 shall contain, at a minimum, all of 5 18 the following: 5 19 a. The patient's full name, Iowa residence address, and date 5 20 of birth. 5 21 b. The patient's photo. 5 22 c. The date of issuance and expiration date of the 5 23 registration card. 5 24 d. Any other information required by rule. 5 25 3. Issuance to primary caregiver. For a patient in a 5 26 primary caregiver's care, the department may approve the 5 27 issuance of a medical cannabis registration card by the 5 28 department of transportation to the primary caregiver who: 5 29 a. Is at least eighteen years of age. 5 30 b. Submits a written certification to the department signed 5 31 by the patient's health care practitioner that the patient in 5 32 the primary caregiver's care is suffering from a debilitating 5 33 medical condition. 5 34 c. Submits an application to the department, on a form 5 35 created by the department, in consultation with the department 6 1 of transportation, that contains all of the following: 6 2 (1) The primary caregiver's full name, residence address, 6 3 date of birth, and telephone number. 6 4 (2) The patient's full name. 6 5 (3) A copy of the primary caregiver's valid photo 6 6 identification. 6 7 (4) Full name, address, and telephone number of the 6 8 patient's health care practitioner. 6 9 (5) Any other information required by rule. 6 10 d. Submits a medical cannabis registration card fee of 6 11 twenty=five dollars to the department. 6 12 4. Primary caregiver card contents. A medical cannabis 6 13 registration card issued by the department of transportation to 6 14 a primary caregiver pursuant to subsection 3 shall contain, at 6 15 a minimum, all of the following: 6 16 a. The primary caregiver's full name, residence address, and 6 17 date of birth. 6 18 b. The primary caregiver's photo. 6 19 c. The date of issuance and expiration date of the 6 20 registration card. 6 21 d. The registration card number of each patient in the 6 22 primary caregiver's care. If the patient in the primary 6 23 caregiver's care is under the age of eighteen, the full name of 6 24 the patient's parent or legal guardian. 6 25 e. Any other information required by rule. 6 26 5. Expiration date of card. A medical cannabis registration 6 27 card issued pursuant to this section shall expire one year 6 28 after the date of issuance and may be renewed. 6 29 6. Card issuance ==== department of transportation. The 6 30 department may enter into a chapter 28E agreement with the 6 31 department of transportation to facilitate the issuance of 6 32 medical cannabis registration cards pursuant to subsections 1 6 33 and 3. 6 34 Sec. 9. NEW SECTION. 124E.5 Medical advisory board ==== 6 35 duties. 7 1 1. No later than August 15, 2015, the director of public 7 2 health shall establish a medical advisory board consisting of 7 3 nine practitioners representing the fields of neurology, pain 7 4 management, gastroenterology, oncology, psychiatry, pediatrics, 7 5 infectious disease, family medicine, and pharmacy, and three 7 6 patients with valid medical cannabis registration cards. The 7 7 practitioners shall be nationally board=certified in their 7 8 area of specialty and knowledgeable about the use of medical 7 9 cannabis. 7 10 2. A quorum of the advisory board shall consist of seven 7 11 members. 7 12 3. The duties of the advisory board shall include but not be 7 13 limited to the following: 7 14 a. Reviewing and recommending to the department for 7 15 approval additional chronic or debilitating diseases or 7 16 medical conditions or their treatments as debilitating medical 7 17 conditions that qualify for the use of medical cannabis under 7 18 this chapter. 7 19 b. Accepting and reviewing petitions to add chronic or 7 20 debilitating diseases or medical conditions or their medical 7 21 treatments to the list of debilitating medical conditions that 7 22 qualify for the use of medical cannabis under this chapter. 7 23 c. Advising the department regarding the location of 7 24 medical cannabis dispensaries throughout the state, the form 7 25 and quantity of allowable medical cannabis to be dispensed 7 26 to a patient or primary caregiver, and the general oversight 7 27 of medical cannabis manufacturers and medical cannabis 7 28 dispensaries in this state. 7 29 d. Convening at least twice per year to conduct public 7 30 hearings and to evaluate petitions, which shall be maintained 7 31 as confidential personal health information, to add chronic or 7 32 debilitating diseases or medical conditions or their medical 7 33 treatments to the list of debilitating medical conditions that 7 34 qualify for the use of medical cannabis under this chapter. 7 35 Sec. 10. NEW SECTION. 124E.6 Medical cannabis manufacturer 8 1 licensure. 8 2 1. a. The department shall license four medical cannabis 8 3 manufacturers to manufacture medical cannabis within this state 8 4 consistent with the provisions of this chapter by December 8 5 1, 2015. The department shall license new medical cannabis 8 6 manufacturers or relicense the existing medical cannabis 8 7 manufacturers by December 1 of each year. 8 8 b. Information submitted during the application process 8 9 shall be confidential until the medical cannabis manufacturer 8 10 is licensed by the department unless otherwise protected from 8 11 disclosure under state or federal law. 8 12 2. As a condition for licensure, a medical cannabis 8 13 manufacturer must agree to begin supplying medical cannabis to 8 14 medical cannabis dispensaries in this state by July 1, 2016. 8 15 3. The department shall consider the following factors in 8 16 determining whether to license a medical cannabis manufacturer: 8 17 a. The technical expertise of the medical cannabis 8 18 manufacturer in medical cannabis. 8 19 b. The qualifications of the medical cannabis manufacturer's 8 20 employees. 8 21 c. The long=term financial stability of the medical cannabis 8 22 manufacturer. 8 23 d. The ability to provide appropriate security measures on 8 24 the premises of the medical cannabis manufacturer. 8 25 e. Whether the medical cannabis manufacturer has 8 26 demonstrated an ability to meet certain medical cannabis 8 27 production needs for medical use regarding the range of 8 28 recommended dosages for each debilitating medical condition, 8 29 the range of chemical compositions of any plant of the genus 8 30 cannabis that will likely be medically beneficial for each 8 31 of the debilitating medical conditions, and the form of the 8 32 medical cannabis in the manner determined by the department 8 33 pursuant to rule. 8 34 f. The medical cannabis manufacturer's projection of and 8 35 ongoing assessment of fees on patients with debilitating 9 1 medical conditions. 9 2 4. The department shall require each medical cannabis 9 3 manufacturer to contract with the state hygienic laboratory 9 4 at the university of Iowa in Iowa City to test the medical 9 5 cannabis produced by the manufacturer. The department shall 9 6 require that the laboratory report testing results to the 9 7 manufacturer in a manner determined by the department pursuant 9 8 to rule. 9 9 5. Each entity submitting an application for licensure 9 10 as a medical cannabis manufacturer shall pay a nonrefundable 9 11 application fee of seven thousand five hundred dollars to the 9 12 department. 9 13 Sec. 11. NEW SECTION. 124E.7 Medical cannabis 9 14 manufacturers. 9 15 1. A medical cannabis manufacturer shall contract with the 9 16 state hygienic laboratory at the university of Iowa in Iowa 9 17 City for purposes of testing the medical cannabis manufactured 9 18 by the medical cannabis manufacturer as to content, 9 19 contamination, and consistency. The cost of all laboratory 9 20 testing shall be paid by the medical cannabis manufacturer. 9 21 2. The operating documents of a medical cannabis 9 22 manufacturer shall include all of the following: 9 23 a. Procedures for the oversight of the medical cannabis 9 24 manufacturer and procedures to ensure accurate record keeping. 9 25 b. Procedures for the implementation of appropriate security 9 26 measures to deter and prevent the theft of medical cannabis and 9 27 unauthorized entrance into areas containing medical cannabis. 9 28 3. A medical cannabis manufacturer shall implement security 9 29 requirements, including requirements for protection of each 9 30 location by a fully operational security alarm system, facility 9 31 access controls, perimeter intrusion detection systems, and a 9 32 personnel identification system. 9 33 4. A medical cannabis manufacturer shall not share 9 34 office space with, refer patients to, or have any financial 9 35 relationship with a health care practitioner. 10 1 5. A medical cannabis manufacturer shall not permit any 10 2 person to consume medical cannabis on the property of the 10 3 medical cannabis manufacturer. 10 4 6. A medical cannabis manufacturer is subject to reasonable 10 5 inspection by the department. 10 6 7. A medical cannabis manufacturer shall not employ 10 7 a person under eighteen years of age or who has been 10 8 convicted of a disqualifying felony offense. An employee 10 9 of a medical cannabis manufacturer shall be subject to a 10 10 background investigation conducted by the division of criminal 10 11 investigation of the department of public safety and a national 10 12 criminal history background check. 10 13 8. A medical cannabis manufacturer shall not operate in any 10 14 location, whether for manufacturing, cultivating, harvesting, 10 15 packaging, or processing, within one thousand feet of a public 10 16 or private school existing before the date of the medical 10 17 cannabis manufacturer's licensure by the department. 10 18 9. A medical cannabis manufacturer shall comply with 10 19 reasonable restrictions set by the department relating to 10 20 signage, marketing, display, and advertising of medical 10 21 cannabis. 10 22 10. a. A medical cannabis manufacturer shall provide a 10 23 reliable and ongoing supply of medical cannabis to medical 10 24 cannabis dispensaries pursuant to this chapter. 10 25 b. All manufacturing, cultivating, harvesting, packaging, 10 26 and processing of medical cannabis shall take place in an 10 27 enclosed, locked facility at a physical address provided to the 10 28 department during the licensure process. 10 29 c. A medical cannabis manufacturer shall not manufacture 10 30 edible medical cannabis products utilizing food coloring. 10 31 Sec. 12. NEW SECTION. 124E.8 Medical cannabis dispensary 10 32 licensure. 10 33 1. a. The department shall license by April 1, 2016, twelve 10 34 medical cannabis dispensaries to dispense medical cannabis 10 35 within this state consistent with the provisions of this 11 1 chapter. The department shall license new medical cannabis 11 2 dispensaries or relicense the existing medical cannabis 11 3 manufacturers by December 1 of each year. 11 4 b. Information submitted during the application process 11 5 shall be confidential until the medical cannabis dispensary 11 6 is licensed by the department unless otherwise protected from 11 7 disclosure under state or federal law. 11 8 2. As a condition for licensure, a medical cannabis 11 9 dispensary must agree to begin supplying medical cannabis to 11 10 patients by July 1, 2016. 11 11 3. The department shall consider the following factors in 11 12 determining whether to license a medical cannabis dispensary: 11 13 a. The technical expertise of the medical cannabis 11 14 dispensary regarding medical cannabis. 11 15 b. The qualifications of the medical cannabis dispensary's 11 16 employees. 11 17 c. The long=term financial stability of the medical cannabis 11 18 dispensary. 11 19 d. The ability to provide appropriate security measures on 11 20 the premises of the medical cannabis dispensary. 11 21 e. The medical cannabis dispensary's projection and ongoing 11 22 assessment of fees for the purchase of medical cannabis on 11 23 patients with debilitating medical conditions. 11 24 4. Each entity submitting an application for licensure 11 25 as a medical cannabis dispensary shall pay a nonrefundable 11 26 application fee of five thousand dollars to the department. 11 27 Sec. 13. NEW SECTION. 124E.9 Medical cannabis dispensaries. 11 28 1. a. The medical cannabis dispensaries shall be located 11 29 based on geographical need throughout the state to improve 11 30 patient access. 11 31 b. A medical cannabis dispensary may dispense medical 11 32 cannabis pursuant to the provisions of this chapter but shall 11 33 not dispense any medical cannabis in a form or quantity other 11 34 than the form or quantity allowed by the department pursuant 11 35 to rule. 12 1 2. The operating documents of a medical cannabis dispensary 12 2 shall include all of the following: 12 3 a. Procedures for the oversight of the medical cannabis 12 4 dispensary and procedures to ensure accurate record keeping. 12 5 b. Procedures for the implementation of appropriate security 12 6 measures to deter and prevent the theft of medical cannabis and 12 7 unauthorized entrance into areas containing medical cannabis. 12 8 3. A medical cannabis dispensary shall implement security 12 9 requirements, including requirements for protection by a fully 12 10 operational security alarm system, facility access controls, 12 11 perimeter intrusion detection systems, and a personnel 12 12 identification system. 12 13 4. A medical cannabis dispensary shall not share office 12 14 space with, refer patients to, or have any financial 12 15 relationship with a health care practitioner. 12 16 5. A medical cannabis dispensary shall not permit any person 12 17 to consume medical cannabis on the property of the medical 12 18 cannabis dispensary. 12 19 6. A medical cannabis dispensary is subject to reasonable 12 20 inspection by the department. 12 21 7. A medical cannabis dispensary shall not employ 12 22 a person under eighteen years of age or who has been 12 23 convicted of a disqualifying felony offense. An employee 12 24 of a medical cannabis dispensary shall be subject to a 12 25 background investigation conducted by the division of criminal 12 26 investigation of the department of public safety and a national 12 27 criminal history background check. 12 28 8. A medical cannabis dispensary shall not operate in any 12 29 location within one thousand feet of a public or private school 12 30 existing before the date of the medical cannabis dispensary's 12 31 licensure by the department. 12 32 9. A medical cannabis dispensary shall comply with 12 33 reasonable restrictions set by the department relating to 12 34 signage, marketing, display, and advertising of medical 12 35 cannabis. 13 1 10. Prior to dispensing of any medical cannabis, a medical 13 2 cannabis dispensary shall do all of the following: 13 3 a. Verify that the medical cannabis dispensary has received 13 4 a valid medical cannabis registration card from a patient or a 13 5 patient's primary caregiver, if applicable. 13 6 b. Assign a tracking number to any medical cannabis 13 7 dispensed from the medical cannabis dispensary. 13 8 c. (1) Properly package medical cannabis in compliance with 13 9 federal law regarding child resistant packaging and exemptions 13 10 for packaging for elderly patients, and label medical cannabis 13 11 with a list of all active ingredients and individually 13 12 identifying information, including all of the following: 13 13 (a) The name and date of birth of the patient and the 13 14 patient's primary caregiver, if appropriate. 13 15 (b) The medical cannabis registration card numbers of the 13 16 patient and the patient's primary caregiver, if applicable. 13 17 (c) The chemical composition of the medical cannabis. 13 18 (2) Proper packaging of medical cannabis shall include but 13 19 not be limited to all of the following: 13 20 (a) Warning labels regarding the use of medical cannabis by 13 21 a woman during pregnancy and while breastfeeding. 13 22 (b) Clearly labeled packaging indicating that an edible 13 23 medical cannabis product contains medical cannabis and which 13 24 packaging shall not imitate candy products or in any way make 13 25 the product marketable to children. 13 26 11. A medical cannabis dispensary shall employ a pharmacist 13 27 licensed pursuant to chapter 155A. 13 28 Sec. 14. NEW SECTION. 124E.10 Fees. 13 29 Medical cannabis registration card fees and medical cannabis 13 30 manufacturer and medical cannabis dispensary application 13 31 and annual fees collected by the department pursuant to 13 32 this chapter shall be retained by the department, shall be 13 33 considered repayment receipts as defined in section 8.2, and 13 34 shall be used for the purpose of regulating medical cannabis 13 35 manufacturers and medical cannabis dispensaries and for other 14 1 expenses necessary for the administration of this chapter. 14 2 Sec. 15. NEW SECTION. 124E.11 Department duties ==== rules. 14 3 1. a. The department shall maintain a confidential file 14 4 of the names of each patient to or for whom the department 14 5 issues a medical cannabis registration card and the name of 14 6 each primary caregiver to whom the department issues a medical 14 7 cannabis registration card under section 124E.4. 14 8 b. Individual names contained in the file shall be 14 9 confidential and shall not be subject to disclosure, except as 14 10 provided in subparagraph (1). 14 11 (1) Information in the confidential file maintained 14 12 pursuant to paragraph "a" may be released on an individual basis 14 13 to the following persons under the following circumstances: 14 14 (a) To authorized employees or agents of the department and 14 15 the department of transportation as necessary to perform the 14 16 duties of the department and the department of transportation 14 17 pursuant to this chapter. 14 18 (b) To authorized employees of state or local law 14 19 enforcement agencies, but only for the purpose of verifying 14 20 that a person is lawfully in possession of a medical cannabis 14 21 registration card issued pursuant to this chapter. 14 22 (c) To authorized employees of a medical cannabis 14 23 dispensary, but only for the purpose of verifying that a person 14 24 is lawfully in possession of a medical cannabis registration 14 25 card issued pursuant to this chapter. 14 26 (2) Release of information pursuant to subparagraph 14 27 (1) shall be consistent with the federal Health Insurance 14 28 Portability and Accountability Act of 1996, Pub. L. No. 14 29 104=191. 14 30 2. The department shall adopt rules pursuant to chapter 14 31 17A to administer this chapter which shall include but not be 14 32 limited to rules to do all of the following: 14 33 a. Govern the manner in which the department shall consider 14 34 applications for new and renewal medical cannabis registration 14 35 cards. 15 1 b. Identify criteria and set forth procedures for 15 2 including additional chronic or debilitating diseases or 15 3 medical conditions or their medical treatments on the list of 15 4 debilitating medical conditions that qualify for the use of 15 5 medical cannabis. Procedures shall include a petition process 15 6 and shall allow for public comment and public hearings before 15 7 the medical advisory board. 15 8 c. Set forth additional chronic or debilitating diseases or 15 9 medical conditions or their medical treatments for inclusion 15 10 on the list of debilitating medical conditions that qualify 15 11 for the use of medical cannabis as recommended by the medical 15 12 advisory board. 15 13 d. Establish the form and quantity of medical cannabis 15 14 allowed to be dispensed to a patient or primary caregiver 15 15 pursuant to this chapter. The form and quantity of medical 15 16 cannabis shall be appropriate to serve the medical needs of 15 17 patients with debilitating conditions. 15 18 e. Establish requirements for the licensure of medical 15 19 cannabis manufacturers and medical cannabis dispensaries and 15 20 set forth procedures for medical cannabis manufacturers and 15 21 medical cannabis dispensaries to obtain licenses. 15 22 f. Develop a dispensing system for medical cannabis within 15 23 this state that provides for all of the following: 15 24 (1) Medical cannabis dispensaries within this state housed 15 25 on secured grounds and operated by licensed medical cannabis 15 26 dispensaries. 15 27 (2) The dispensing of medical cannabis to patients and 15 28 their primary caregivers to occur at locations designated by 15 29 the department. 15 30 g. Establish and collect annual fees from medical cannabis 15 31 manufacturers and medical cannabis dispensaries to cover 15 32 the costs associated with regulating and inspecting medical 15 33 cannabis manufacturers and medical cannabis dispensaries. 15 34 h. Specify and implement procedures that address public 15 35 safety including security procedures and product quality 16 1 including measures to ensure contaminant=free cultivation of 16 2 medical cannabis, safety, and labeling. 16 3 i. Establish and implement a real=time, statewide 16 4 medical cannabis registry management sale tracking system 16 5 that is available to medical cannabis dispensaries on a 16 6 twenty=four=hour=day, seven=day=a=week basis for the purpose of 16 7 verifying that a person is lawfully in possession of a medical 16 8 cannabis registration card issued pursuant to this chapter 16 9 and for tracking the date of the sale and quantity of medical 16 10 cannabis purchased by a patient or a primary caregiver. 16 11 j. Establish and implement a medical cannabis inventory 16 12 and delivery tracking system to track medical cannabis 16 13 from production by a medical cannabis manufacturer through 16 14 dispensing at a medical cannabis dispensary. 16 15 Sec. 16. NEW SECTION. 124E.12 Reciprocity. 16 16 A valid medical cannabis registration card, or its 16 17 equivalent, issued under the laws of another state that allows 16 18 an out=of=state patient to possess or use medical cannabis in 16 19 the jurisdiction of issuance shall have the same force and 16 20 effect as a valid medical cannabis registration card issued 16 21 pursuant to this chapter, except that an out=of=state patient 16 22 in this state shall not obtain medical cannabis from a medical 16 23 cannabis dispensary in this state. 16 24 Sec. 17. NEW SECTION. 124E.13 Use of medical cannabis ==== 16 25 smoking prohibited. 16 26 A patient shall not consume medical cannabis possessed or 16 27 used as authorized by this chapter by smoking medical cannabis. 16 28 Sec. 18. NEW SECTION. 124E.14 Use of medical cannabis ==== 16 29 affirmative defenses. 16 30 1. A health care practitioner, including any authorized 16 31 agent or employee thereof, shall not be subject to 16 32 prosecution for the unlawful certification, possession, or 16 33 administration of marijuana under the laws of this state for 16 34 activities arising directly out of or directly related to the 16 35 certification or use of medical cannabis in the treatment of 17 1 a patient diagnosed with a debilitating medical condition as 17 2 authorized by this chapter. 17 3 2. A medical cannabis manufacturer, including any 17 4 authorized agent or employee thereof, shall not be subject 17 5 to prosecution for manufacturing, possessing, cultivating, 17 6 harvesting, packaging, processing, transporting, or supplying 17 7 medical cannabis pursuant to this chapter. 17 8 3. A medical cannabis dispensary, including any authorized 17 9 agent or employee thereof, shall not be subject to prosecution 17 10 for transporting, supplying, or dispensing medical cannabis 17 11 pursuant to this chapter. 17 12 a. In a prosecution for the unlawful possession of marijuana 17 13 under the laws of this state, including but not limited to 17 14 chapters 124 and 453B, it is an affirmative and complete 17 15 defense to the prosecution that the patient has been diagnosed 17 16 with a debilitating medical condition, used or possessed 17 17 medical cannabis pursuant to a certification by a health care 17 18 practitioner as authorized under this chapter, and, for a 17 19 patient eighteen years of age or older, is in possession of a 17 20 valid medical cannabis registration card. 17 21 b. In a prosecution for the unlawful possession of marijuana 17 22 under the laws of this state, including but not limited to 17 23 chapters 124 and 453B, it is an affirmative and complete 17 24 defense to the prosecution that the person possessed medical 17 25 cannabis because the person is a primary caregiver of a patient 17 26 who has been diagnosed with a debilitating medical condition 17 27 and is in possession of a valid medical cannabis registration 17 28 card, and where the primary caregiver's possession of the 17 29 medical cannabis is on behalf of the patient and for the 17 30 patient's use only as authorized under this chapter. 17 31 c. If a patient or primary caregiver is charged with the 17 32 commission of a crime and is not in possession of the person's 17 33 medical cannabis registration card, any charge or charges filed 17 34 against the person shall be dismissed by the court if the 17 35 person produces to the court prior to or at the person's trial 18 1 a medical cannabis registration card issued to that person and 18 2 valid at the time the person was charged. 18 3 4. An agency of this state or a political subdivision 18 4 thereof, including any law enforcement agency, shall not remove 18 5 or initiate proceedings to remove a patient under the age 18 6 of eighteen from the home of a parent based solely upon the 18 7 parent's or patient's possession or use of medical cannabis as 18 8 authorized under this chapter. 18 9 Sec. 19. NEW SECTION. 124E.15 Penalties. 18 10 1. A person who knowingly or intentionally possesses or 18 11 uses medical cannabis in violation of the requirements of this 18 12 chapter is subject to the penalties provided under chapters 124 18 13 and 453B. 18 14 2. A medical cannabis manufacturer or a medical cannabis 18 15 dispensary shall be assessed a civil penalty of up to one 18 16 thousand dollars per violation for any violation of this 18 17 chapter in addition to any other applicable penalties. 18 18 Sec. 20. EMERGENCY RULES. The department may adopt 18 19 emergency rules under section 17A.4, subsection 3, and section 18 20 17A.5, subsection 2, paragraph "b", to implement the provisions 18 21 of this Act and the rules shall be effective immediately upon 18 22 filing unless a later date is specified in the rules. Any 18 23 rules adopted in accordance with this section shall also be 18 24 published as a notice of intended action as provided in section 18 25 17A.4. 18 26 Sec. 21. TRANSITION PROVISIONS. A medical cannabis 18 27 registration card issued under chapter 124D prior to July 1, 18 28 2015, remains effective and continues in effect as issued for 18 29 the twelve=month period following its issuance. This Act does 18 30 not preclude the permit holder from seeking to renew the permit 18 31 under this Act prior to the expiration of the twelve=month 18 32 period. 18 33 Sec. 22. REPORTS. The university of Iowa Carver college of 18 34 medicine and college of pharmacy shall, on or before July 1 of 18 35 each year, beginning July 1, 2016, submit a report detailing 19 1 the scientific literature, studies, and clinical trials 19 2 regarding the use of medical cannabis on patients diagnosed 19 3 with debilitating medical conditions as defined in this Act to 19 4 the department of public health and the general assembly. 19 5 Sec. 23. REPEAL. Chapter 124D, Code 2015, is repealed. SF 484 (6) 86 rh/rj/jh
