Bill Text: IA HSB653 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act concerning the medical cannabidiol Act.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-19 - Committee report, recommending amendment and passage. H.J. 312. [HSB653 Detail]
Download: Iowa-2019-HSB653-Introduced.html
House
Study
Bill
653
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
concerning
the
medical
cannabidiol
Act.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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_____
DIVISION
I
1
MEDICAL
CANNABIDIOL
PROGRAM
2
Section
1.
Section
124E.1,
Code
2020,
is
amended
to
read
as
3
follows:
4
124E.1
Short
title.
5
This
chapter
shall
be
known
and
may
be
cited
as
the
“Medical
6
Cannabidiol
Cannabis
Act”
.
7
Sec.
2.
Section
124E.2,
subsections
5
and
6,
Code
2020,
are
8
amended
to
read
as
follows:
9
5.
“Health
care
practitioner”
means
an
individual
licensed
10
under
chapter
148
to
practice
medicine
and
surgery
or
11
osteopathic
medicine
and
surgery
,
a
physician
assistant
12
licensed
under
chapter
148C,
a
podiatrist
licensed
pursuant
to
13
chapter
149,
an
advanced
registered
nurse
practitioner
licensed
14
under
chapter
152,
or
an
advanced
practice
registered
nurse
15
under
chapter
152E,
who
is
a
patient’s
primary
care
provider.
16
“Health
care
practitioner”
shall
not
include
a
physician
17
assistant
licensed
under
chapter
148C
or
an
advanced
registered
18
nurse
practitioner
licensed
pursuant
to
chapter
152
or
152E
.
19
6.
“Medical
cannabidiol”
cannabis”
means
any
pharmaceutical
20
grade
cannabinoid
found
in
the
plant
Cannabis
sativa
L.
or
21
Cannabis
indica
or
any
other
preparation
thereof
that
has
22
a
tetrahydrocannabinol
level
of
no
more
than
three
percent
23
and
that
is
delivered
in
a
form
recommended
by
the
medical
24
cannabidiol
cannabis
board,
approved
by
the
board
of
medicine,
25
and
adopted
by
the
department
pursuant
to
rule.
26
Sec.
3.
Section
124E.2,
Code
2020,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
7A.
“Total
tetrahydrocannabinol”
means
29
the
amount
of
tetrahydrocannabinol
plus
the
amount
of
30
tetrahydrocannabinolic
acid.
31
Sec.
4.
Section
124E.4,
subsection
1,
unnumbered
paragraph
32
1,
Code
2020,
is
amended
to
read
as
follows:
33
Subject
to
subsection
7
,
the
department
may
approve
the
34
issuance
of
issue
a
medical
cannabidiol
cannabis
registration
35
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card
by
the
department
of
transportation
to
a
patient
who:
1
Sec.
5.
Section
124E.4,
subsection
1,
paragraph
d,
2
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
3
follows:
4
Submits
an
application
to
the
department,
on
a
form
created
5
by
the
department,
in
consultation
with
the
department
of
6
transportation,
that
contains
all
of
the
following:
7
Sec.
6.
Section
124E.4,
subsection
1,
paragraph
f,
Code
8
2020,
is
amended
by
striking
the
paragraph.
9
Sec.
7.
Section
124E.4,
subsection
2,
unnumbered
paragraph
10
1,
Code
2020,
is
amended
to
read
as
follows:
11
A
medical
cannabidiol
cannabis
registration
card
issued
12
to
a
patient
by
the
department
of
transportation
pursuant
to
13
subsection
1
shall
contain,
at
a
minimum,
all
of
the
following:
14
Sec.
8.
Section
124E.4,
subsection
3,
unnumbered
paragraph
15
1,
Code
2020,
is
amended
to
read
as
follows:
16
For
a
patient
in
a
primary
caregiver’s
care,
subject
to
17
subsection
7
,
the
department
may
approve
the
issuance
of
18
issue
a
medical
cannabidiol
cannabis
registration
card
by
the
19
department
of
transportation
to
the
primary
caregiver
who:
20
Sec.
9.
Section
124E.4,
subsection
3,
paragraph
b,
21
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
22
follows:
23
Submits
an
application
to
the
department,
on
a
form
created
24
by
the
department,
in
consultation
with
the
department
of
25
transportation,
that
contains
all
of
the
following:
26
Sec.
10.
Section
124E.4,
subsection
3,
paragraph
c,
Code
27
2020,
is
amended
by
striking
the
paragraph.
28
Sec.
11.
Section
124E.4,
subsection
4,
unnumbered
paragraph
29
1,
Code
2020,
is
amended
to
read
as
follows:
30
A
medical
cannabidiol
cannabis
registration
card
issued
31
by
the
department
of
transportation
to
a
primary
caregiver
32
pursuant
to
subsection
3
shall
contain,
at
a
minimum,
all
of
33
the
following:
34
Sec.
12.
Section
124E.4,
subsection
6,
Code
2020,
is
amended
35
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by
striking
the
subsection.
1
Sec.
13.
Section
124E.5,
subsection
2,
Code
2020,
is
amended
2
to
read
as
follows:
3
2.
The
medical
cannabidiol
cannabis
board
shall
convene
at
4
least
twice
but
no
more
than
four
times
per
year.
5
Sec.
14.
Section
124E.5,
subsection
6,
Code
2020,
is
amended
6
to
read
as
follows:
7
6.
The
medical
cannabidiol
board
may
recommend
a
statutory
8
revision
to
the
definition
of
medical
cannabidiol
contained
in
9
this
chapter
that
increases
the
tetrahydrocannabinol
level
to
10
more
than
three
percent,
however,
any
such
recommendation
shall
11
be
submitted
to
the
general
assembly
during
the
regular
session
12
of
the
general
assembly
following
such
submission.
The
general
13
assembly
shall
have
the
sole
authority
to
revise
the
definition
14
of
medical
cannabidiol
cannabis
for
purposes
of
this
chapter
.
15
Sec.
15.
Section
124E.9,
Code
2020,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
13.
A
medical
cannabis
dispensary
shall
18
employ
a
pharmacist
or
pharmacy
technician
licensed
or
19
registered
pursuant
to
chapter
155A
for
the
purpose
of
making
20
dosing
recommendations.
21
NEW
SUBSECTION
.
14.
A
medical
cannabis
dispensary
shall
not
22
dispense
more
than
a
combined
total
of
four
and
one-half
grams
23
of
total
tetrahydrocannabinol
to
a
patient
and
the
patient’s
24
primary
caregiver
in
a
ninety-day
period.
The
department
may
25
decrease
this
limit
by
rule
as
provided
in
section
124E.11,
26
subsection
2,
paragraph
“c”
.
27
Sec.
16.
Section
124E.11,
subsection
1,
paragraph
b,
28
subparagraph
(1),
subparagraph
division
(a),
Code
2020,
is
29
amended
to
read
as
follows:
30
(a)
To
authorized
employees
or
agents
of
the
department
and
31
the
department
of
transportation
as
necessary
to
perform
the
32
duties
of
the
department
and
the
department
of
transportation
33
pursuant
to
this
chapter
.
34
Sec.
17.
Section
124E.11,
subsection
1,
paragraph
b,
35
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subparagraph
(1),
subparagraph
division
(c),
Code
2020,
is
1
amended
to
read
as
follows:
2
(c)
To
authorized
employees
of
a
medical
cannabidiol
3
cannabis
dispensary,
but
only
for
the
purpose
purposes
4
of
verifying
that
a
person
is
lawfully
in
possession
of
a
5
medical
cannabidiol
cannabis
registration
card
issued
pursuant
6
to
this
chapter
and
that
a
person
has
not
purchased
total
7
tetrahydrocannabinol
in
excess
of
the
amount
authorized
by
this
8
chapter
.
9
Sec.
18.
Section
124E.11,
subsection
1,
paragraph
b,
10
subparagraph
(1),
Code
2020,
is
amended
by
adding
the
following
11
new
subparagraph
division:
12
NEW
SUBPARAGRAPH
DIVISION
.
(e)
To
a
health
care
13
practitioner
for
the
purpose
of
determining
whether
a
patient
14
seeking
a
written
certification
pursuant
to
section
124E.3
has
15
already
received
a
written
certification
from
another
health
16
care
practitioner.
17
Sec.
19.
Section
124E.12,
subsection
7,
Code
2020,
is
18
amended
to
read
as
follows:
19
7.
Notwithstanding
any
law
to
the
contrary,
the
department,
20
the
department
of
transportation,
the
governor,
or
any
employee
21
of
any
state
agency
shall
not
be
held
civilly
or
criminally
22
liable
for
any
injury,
loss
of
property,
personal
injury,
or
23
death
caused
by
any
act
or
omission
while
acting
within
the
24
scope
of
office
or
employment
as
authorized
under
this
chapter
.
25
Sec.
20.
NEW
SECTION
.
124E.20
Observational
effectiveness
26
study.
27
The
department
may
conduct
an
observational
effectiveness
28
study
in
cooperation
with
patients
and
health
care
29
practitioners
and
pursuant
to
rules
of
the
department
in
order
30
to
study
the
effectiveness
of
medical
cannabis
in
the
treatment
31
of
debilitating
medical
conditions.
32
Sec.
21.
PROTECTION
OF
FEDERAL
FUNDING.
The
department
33
of
public
health
shall
request
guarantees
from
the
agencies
34
of
the
federal
government
providing
funding
to
educational
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and
long-term
care
facilities
that
facilities
with
policies
1
allowing
patients
to
possess
medical
cannabis
on
the
grounds
2
of
the
facilities
consistent
with
chapter
124E
or
allowing
3
facility
staff
to
administer
medical
cannabis
to
a
patient
4
shall
not
lose
eligibility
for
any
federal
funding
due
to
such
5
policies.
6
Sec.
22.
TRANSITION
PROVISIONS.
A
medical
cannabidiol
7
registration
card
issued
prior
to
July
1,
2020,
remains
8
effective
and
continues
in
effect
as
issued
for
the
9
twelve-month
period
following
its
issuance.
10
DIVISION
II
11
MEDICAL
CANNABIDIOL
PROGRAM
NAME
CHANGE
——
CONFORMING
CODE
12
CHANGES
13
Sec.
23.
Section
124.401,
subsection
5,
unnumbered
14
paragraph
3,
Code
2020,
is
amended
to
read
as
follows:
15
A
person
may
knowingly
or
intentionally
recommend,
possess,
16
use,
dispense,
deliver,
transport,
or
administer
cannabidiol
17
medical
cannabis
if
the
recommendation,
possession,
use,
18
dispensing,
delivery,
transporting,
or
administering
is
in
19
accordance
with
the
provisions
of
chapter
124E
.
For
purposes
20
of
this
paragraph,
“cannabidiol”
“medical
cannabis”
means
the
21
same
as
defined
in
section
124E.2
.
22
Sec.
24.
Section
124E.2,
subsection
7,
Code
2020,
is
amended
23
to
read
as
follows:
24
7.
“Primary
caregiver”
means
a
person
who
is
a
resident
of
25
this
state
or
a
bordering
state
as
defined
in
section
331.910
,
26
including
but
not
limited
to
a
parent
or
legal
guardian,
at
27
least
eighteen
years
of
age,
who
has
been
designated
by
a
28
patient’s
health
care
practitioner
as
a
necessary
caretaker
29
taking
responsibility
for
managing
the
well-being
of
the
30
patient
with
respect
to
the
use
of
medical
cannabidiol
cannabis
31
pursuant
to
the
provisions
of
this
chapter
.
32
Sec.
25.
Section
124E.3,
subsection
1,
Code
2020,
is
amended
33
to
read
as
follows:
34
1.
Prior
to
a
patient’s
submission
of
an
application
for
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a
medical
cannabidiol
cannabis
registration
card
pursuant
to
1
section
124E.4
,
a
health
care
practitioner
shall
do
all
of
the
2
following:
3
a.
Determine,
in
the
health
care
practitioner’s
medical
4
judgment,
whether
the
patient
whom
the
health
care
practitioner
5
has
examined
and
treated
suffers
from
a
debilitating
medical
6
condition
that
qualifies
for
the
use
of
medical
cannabidiol
7
cannabis
under
this
chapter
,
and
if
so
determined,
provide
the
8
patient
with
a
written
certification
of
that
diagnosis.
9
b.
Provide
explanatory
information
as
provided
by
the
10
department
to
the
patient
about
the
therapeutic
use
of
medical
11
cannabidiol
cannabis
and
the
possible
risks,
benefits,
and
side
12
effects
of
the
proposed
treatment.
13
Sec.
26.
Section
124E.4,
subsection
1,
paragraph
e,
Code
14
2020,
is
amended
to
read
as
follows:
15
e.
Submits
a
medical
cannabidiol
cannabis
registration
card
16
fee
of
one
hundred
dollars
to
the
department.
If
the
patient
17
attests
to
receiving
social
security
disability
benefits,
18
supplemental
security
insurance
payments,
or
being
enrolled
in
19
the
medical
assistance
program,
the
fee
shall
be
twenty-five
20
dollars.
21
Sec.
27.
Section
124E.4,
subsection
2,
paragraph
c,
Code
22
2020,
is
amended
to
read
as
follows:
23
c.
The
date
of
issuance
and
expiration
date
of
the
medical
24
cannabidiol
cannabis
registration
card.
25
Sec.
28.
Section
124E.4,
subsection
3,
paragraph
d,
Code
26
2020,
is
amended
to
read
as
follows:
27
d.
Submits
a
medical
cannabidiol
cannabis
registration
card
28
fee
of
twenty-five
dollars
to
the
department.
29
Sec.
29.
Section
124E.4,
subsection
4,
paragraph
d,
Code
30
2020,
is
amended
to
read
as
follows:
31
d.
The
medical
cannabidiol
cannabis
registration
card
32
number
of
each
patient
in
the
primary
caregiver’s
care.
If
33
the
patient
in
the
primary
caregiver’s
care
is
under
the
age
34
of
eighteen,
the
full
name
of
the
patient’s
parent
or
legal
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guardian.
1
Sec.
30.
Section
124E.4,
subsections
5
and
7,
Code
2020,
are
2
amended
to
read
as
follows:
3
5.
Expiration
date
of
card.
A
medical
cannabidiol
cannabis
4
registration
card
issued
pursuant
to
this
section
shall
expire
5
one
year
after
the
date
of
issuance
and
may
be
renewed.
6
7.
Federally
approved
clinical
trials.
The
department
shall
7
not
approve
the
issuance
of
a
medical
cannabidiol
cannabis
8
registration
card
pursuant
to
this
section
for
a
patient
who
9
is
enrolled
in
a
federally
approved
clinical
trial
for
the
10
treatment
of
a
debilitating
medical
condition
with
medical
11
cannabidiol
cannabis
.
12
Sec.
31.
Section
124E.5,
subsection
1,
paragraphs
a
and
b,
13
Code
2020,
are
amended
to
read
as
follows:
14
a.
A
medical
cannabidiol
cannabis
board
is
created
15
consisting
of
eight
practitioners
representing
the
fields
16
of
neurology,
pain
management,
gastroenterology,
oncology,
17
psychiatry,
pediatrics,
family
medicine,
and
pharmacy,
and
one
18
representative
from
law
enforcement.
19
b.
The
practitioners
shall
be
licensed
in
this
state
and
20
nationally
board-certified
in
their
area
of
specialty
and
21
knowledgeable
about
the
use
of
medical
cannabidiol
cannabis
.
22
Sec.
32.
Section
124E.5,
subsections
3,
4,
and
5,
Code
2020,
23
are
amended
to
read
as
follows:
24
3.
The
duties
of
the
medical
cannabidiol
cannabis
board
25
shall
include
but
not
be
limited
to
the
following:
26
a.
Accepting
and
reviewing
petitions
to
add
medical
27
conditions,
medical
treatments,
or
debilitating
diseases
to
the
28
list
of
debilitating
medical
conditions
for
which
the
medical
29
use
of
cannabidiol
cannabis
would
be
medically
beneficial
under
30
this
chapter
.
31
b.
Making
recommendations
relating
to
the
removal
or
32
addition
of
debilitating
medical
conditions
to
the
list
33
of
allowable
debilitating
medical
conditions
for
which
the
34
medical
use
of
cannabidiol
cannabis
under
this
chapter
would
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be
medically
beneficial.
1
c.
Working
with
the
department
regarding
the
requirements
2
for
the
licensure
of
medical
cannabidiol
cannabis
manufacturers
3
and
medical
cannabidiol
cannabis
dispensaries,
including
4
licensure
procedures.
5
d.
Advising
the
department
regarding
the
location
of
medical
6
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
7
cannabis
dispensaries
throughout
the
state.
8
e.
Making
recommendations
relating
to
the
form
and
quantity
9
of
allowable
medical
uses
of
cannabidiol
cannabis
.
10
4.
Recommendations
made
by
the
medical
cannabidiol
cannabis
11
board
pursuant
to
subsection
3
,
paragraphs
“b”
and
“e”
,
shall
12
be
made
to
the
board
of
medicine
for
consideration,
and
if
13
approved,
shall
be
adopted
by
the
board
of
medicine
by
rule.
14
5.
On
or
before
January
1
of
each
year,
beginning
January
15
1,
2018,
the
medical
cannabidiol
cannabis
board
shall
submit
a
16
report
detailing
the
activities
of
the
board.
17
Sec.
33.
Section
124E.6,
Code
2020,
is
amended
to
read
as
18
follows:
19
124E.6
Medical
cannabidiol
cannabis
manufacturer
licensure.
20
1.
a.
The
department
shall
issue
a
request
for
proposals
21
to
select
and
license
by
December
1,
2017,
up
to
two
medical
22
cannabidiol
cannabis
manufacturers
to
manufacture
and
to
23
possess,
cultivate,
harvest,
transport,
package,
process,
24
or
supply
medical
cannabidiol
cannabis
within
this
state
25
consistent
with
the
provisions
of
this
chapter
.
The
department
26
shall
license
new
medical
cannabidiol
cannabis
manufacturers
27
or
relicense
the
existing
medical
cannabidiol
cannabis
28
manufacturers
by
December
1
of
each
year.
29
b.
Information
submitted
during
the
application
process
30
shall
be
confidential
until
a
medical
cannabidiol
cannabis
31
manufacturer
is
licensed
by
the
department
unless
otherwise
32
protected
from
disclosure
under
state
or
federal
law.
33
2.
As
a
condition
for
licensure,
a
medical
cannabidiol
34
cannabis
manufacturer
must
agree
to
begin
supplying
medical
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cannabidiol
cannabis
to
medical
cannabidiol
cannabis
1
dispensaries
in
this
state
no
later
than
December
1,
2018.
2
3.
The
department
shall
consider
the
following
factors
in
3
determining
whether
to
select
and
license
a
medical
cannabidiol
4
cannabis
manufacturer:
5
a.
The
technical
expertise
of
the
medical
cannabidiol
6
cannabis
manufacturer
regarding
medical
cannabidiol
cannabis
.
7
b.
The
qualifications
of
the
medical
cannabidiol
cannabis
8
manufacturer’s
employees.
9
c.
The
long-term
financial
stability
of
the
medical
10
cannabidiol
cannabis
manufacturer.
11
d.
The
ability
to
provide
appropriate
security
measures
on
12
the
premises
of
the
medical
cannabidiol
cannabis
manufacturer.
13
e.
Whether
the
medical
cannabidiol
cannabis
manufacturer
14
has
demonstrated
an
ability
to
meet
certain
medical
cannabidiol
15
cannabis
production
needs
for
medical
use
regarding
the
range
16
of
recommended
dosages
for
each
debilitating
medical
condition,
17
the
range
of
chemical
compositions
of
any
plant
of
the
genus
18
cannabis
that
will
likely
be
medically
beneficial
for
each
19
of
the
debilitating
medical
conditions,
and
the
form
of
the
20
medical
cannabidiol
cannabis
in
the
manner
determined
by
the
21
department
pursuant
to
rule.
22
f.
The
medical
cannabidiol
cannabis
manufacturer’s
23
projection
of
and
ongoing
assessment
of
fees
on
patients
with
24
debilitating
medical
conditions.
25
4.
The
department
shall
require
each
medical
cannabidiol
26
cannabis
manufacturer
to
contract
with
the
state
hygienic
27
laboratory
at
the
university
of
Iowa
in
Iowa
City
or
an
28
independent
medical
cannabidiol
cannabis
testing
laboratory
to
29
perform
spot-check
testing
of
the
medical
cannabidiol
cannabis
30
produced
by
the
manufacturer
as
provided
in
section
124E.7
.
31
The
department
shall
require
that
the
laboratory
report
testing
32
results
to
the
manufacturer
in
a
manner
determined
by
the
33
department
pursuant
to
rule.
34
5.
Each
entity
submitting
an
application
for
licensure
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as
a
medical
cannabidiol
cannabis
manufacturer
shall
pay
a
1
nonrefundable
application
fee
of
seven
thousand
five
hundred
2
dollars
to
the
department.
3
Sec.
34.
Section
124E.7,
Code
2020,
is
amended
to
read
as
4
follows:
5
124E.7
Medical
cannabidiol
cannabis
manufacturers.
6
1.
A
medical
cannabidiol
cannabis
manufacturer
shall
7
contract
with
the
state
hygienic
laboratory
at
the
university
8
of
Iowa
in
Iowa
City
or
an
independent
medical
cannabidiol
9
cannabis
testing
laboratory
to
perform
spot-check
testing
of
10
the
medical
cannabidiol
cannabis
manufactured
by
the
medical
11
cannabidiol
cannabis
manufacturer
as
to
content,
contamination,
12
and
consistency.
The
cost
of
all
laboratory
testing
shall
be
13
paid
by
the
medical
cannabidiol
cannabis
manufacturer.
14
2.
The
operating
documents
of
a
medical
cannabidiol
15
cannabis
manufacturer
shall
include
all
of
the
following:
16
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
17
cannabis
manufacturer
and
procedures
to
ensure
accurate
18
recordkeeping.
19
b.
Procedures
for
the
implementation
of
appropriate
security
20
measures
to
deter
and
prevent
the
theft
of
medical
cannabidiol
21
cannabis
and
unauthorized
entrance
into
areas
containing
22
medical
cannabidiol
cannabis
.
23
3.
A
medical
cannabidiol
cannabis
manufacturer
shall
24
implement
security
requirements,
including
requirements
for
25
protection
of
each
location
by
a
fully
operational
security
26
alarm
system,
facility
access
controls,
perimeter
intrusion
27
detection
systems,
and
a
personnel
identification
system.
28
4.
A
medical
cannabidiol
cannabis
manufacturer
shall
29
not
share
office
space
with,
refer
patients
to,
or
have
any
30
financial
relationship
with
a
health
care
practitioner.
31
5.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
32
permit
any
person
to
consume
medical
cannabidiol
cannabis
on
33
the
property
of
the
medical
cannabidiol
cannabis
manufacturer.
34
6.
A
medical
cannabidiol
cannabis
manufacturer
is
subject
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to
reasonable
inspection
by
the
department.
1
7.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
2
employ
a
person
who
is
under
eighteen
years
of
age
or
who
has
3
been
convicted
of
a
disqualifying
felony
offense.
An
employee
4
of
a
medical
cannabidiol
cannabis
manufacturer
shall
be
subject
5
to
a
background
investigation
conducted
by
the
division
of
6
criminal
investigation
of
the
department
of
public
safety
and
a
7
national
criminal
history
background
check
pursuant
to
section
8
124E.19
.
9
8.
A
medical
cannabidiol
cannabis
manufacturer
owner
shall
10
not
have
been
convicted
of
a
disqualifying
felony
offense
and
11
shall
be
subject
to
a
background
investigation
conducted
by
12
the
division
of
criminal
investigation
of
the
department
of
13
public
safety
and
a
national
criminal
history
background
check
14
pursuant
to
section
124E.19
.
15
9.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
16
operate
at
the
same
physical
location
as
a
medical
cannabidiol
17
cannabis
dispensary.
18
10.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
19
operate
in
any
location,
whether
for
manufacturing,
possessing,
20
cultivating,
harvesting,
transporting,
packaging,
processing,
21
or
supplying,
within
one
thousand
feet
of
a
public
or
private
22
school
existing
before
the
date
of
the
medical
cannabidiol
23
cannabis
manufacturer’s
licensure
by
the
department.
24
11.
A
medical
cannabidiol
cannabis
manufacturer
shall
25
comply
with
reasonable
restrictions
set
by
the
department
26
relating
to
signage,
marketing,
display,
and
advertising
of
27
medical
cannabidiol
cannabis
.
28
12.
a.
A
medical
cannabidiol
cannabis
manufacturer
shall
29
provide
a
reliable
and
ongoing
supply
of
medical
cannabidiol
30
cannabis
to
medical
cannabidiol
cannabis
dispensaries
pursuant
31
to
this
chapter
.
32
b.
All
manufacturing,
cultivating,
harvesting,
packaging,
33
and
processing
of
medical
cannabidiol
cannabis
shall
take
place
34
in
an
enclosed,
locked
facility
at
a
physical
address
provided
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to
the
department
during
the
licensure
process.
1
c.
A
medical
cannabidiol
cannabis
manufacturer
shall
not
2
manufacture
edible
medical
cannabidiol
cannabis
products.
3
Sec.
35.
Section
124E.8,
Code
2020,
is
amended
to
read
as
4
follows:
5
124E.8
Medical
cannabidiol
cannabis
dispensary
licensure.
6
1.
a.
The
department
shall
issue
a
request
for
proposals
7
to
select
and
license
by
April
1,
2018,
up
to
five
medical
8
cannabidiol
cannabis
dispensaries
to
dispense
medical
9
cannabidiol
cannabis
within
this
state
consistent
with
the
10
provisions
of
this
chapter
.
The
department
shall
license
new
11
medical
cannabidiol
cannabis
dispensaries
or
relicense
the
12
existing
medical
cannabidiol
cannabis
dispensaries
by
December
13
1
of
each
year.
14
b.
Information
submitted
during
the
application
process
15
shall
be
confidential
until
a
medical
cannabidiol
cannabis
16
dispensary
is
licensed
by
the
department
unless
otherwise
17
protected
from
disclosure
under
state
or
federal
law.
18
2.
As
a
condition
for
licensure,
a
medical
cannabidiol
19
cannabis
dispensary
must
agree
to
begin
supplying
medical
20
cannabidiol
cannabis
to
patients
by
December
1,
2018.
21
3.
The
department
shall
consider
the
following
factors
in
22
determining
whether
to
select
and
license
a
medical
cannabidiol
23
cannabis
dispensary:
24
a.
The
technical
expertise
of
the
medical
cannabidiol
25
cannabis
dispensary
regarding
medical
cannabidiol
cannabis
.
26
b.
The
qualifications
of
the
medical
cannabidiol
cannabis
27
dispensary’s
employees.
28
c.
The
long-term
financial
stability
of
the
medical
29
cannabidiol
cannabis
dispensary.
30
d.
The
ability
to
provide
appropriate
security
measures
on
31
the
premises
of
the
medical
cannabidiol
cannabis
dispensary.
32
e.
The
medical
cannabidiol
cannabis
dispensary’s
projection
33
and
ongoing
assessment
of
fees
for
the
purchase
of
medical
34
cannabidiol
cannabis
on
patients
with
debilitating
medical
35
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conditions.
1
4.
Each
entity
submitting
an
application
for
licensure
2
as
a
medical
cannabidiol
cannabis
dispensary
shall
pay
a
3
nonrefundable
application
fee
of
five
thousand
dollars
to
the
4
department.
5
Sec.
36.
Section
124E.9,
Code
2020,
is
amended
to
read
as
6
follows:
7
124E.9
Medical
cannabidiol
cannabis
dispensaries.
8
1.
a.
The
medical
cannabidiol
cannabis
dispensaries
shall
9
be
located
based
on
geographical
need
throughout
the
state
to
10
improve
patient
access.
11
b.
A
medical
cannabidiol
cannabis
dispensary
may
dispense
12
medical
cannabidiol
cannabis
pursuant
to
the
provisions
of
this
13
chapter
but
shall
not
dispense
any
medical
cannabidiol
cannabis
14
in
a
form
or
quantity
other
than
the
form
or
quantity
allowed
15
by
the
department
pursuant
to
rule.
16
2.
The
operating
documents
of
a
medical
cannabidiol
17
cannabis
dispensary
shall
include
all
of
the
following:
18
a.
Procedures
for
the
oversight
of
the
medical
cannabidiol
19
cannabis
dispensary
and
procedures
to
ensure
accurate
20
recordkeeping.
21
b.
Procedures
for
the
implementation
of
appropriate
security
22
measures
to
deter
and
prevent
the
theft
of
medical
cannabidiol
23
cannabis
and
unauthorized
entrance
into
areas
containing
24
medical
cannabidiol
cannabis
.
25
3.
A
medical
cannabidiol
cannabis
dispensary
shall
26
implement
security
requirements,
including
requirements
for
27
protection
by
a
fully
operational
security
alarm
system,
28
facility
access
controls,
perimeter
intrusion
detection
29
systems,
and
a
personnel
identification
system.
30
4.
A
medical
cannabidiol
cannabis
dispensary
shall
not
31
share
office
space
with,
refer
patients
to,
or
have
any
32
financial
relationship
with
a
health
care
practitioner.
33
5.
A
medical
cannabidiol
cannabis
dispensary
shall
not
34
permit
any
person
to
consume
medical
cannabidiol
cannabis
on
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the
property
of
the
medical
cannabidiol
cannabis
dispensary.
1
6.
A
medical
cannabidiol
cannabis
dispensary
is
subject
to
2
reasonable
inspection
by
the
department.
3
7.
A
medical
cannabidiol
cannabis
dispensary
shall
not
4
employ
a
person
who
is
under
eighteen
years
of
age
or
who
has
5
been
convicted
of
a
disqualifying
felony
offense.
An
employee
6
of
a
medical
cannabidiol
cannabis
dispensary
shall
be
subject
7
to
a
background
investigation
conducted
by
the
division
of
8
criminal
investigation
of
the
department
of
public
safety
and
a
9
national
criminal
history
background
check
pursuant
to
section
10
124E.19
.
11
8.
A
medical
cannabidiol
cannabis
dispensary
owner
shall
12
not
have
been
convicted
of
a
disqualifying
felony
offense
and
13
shall
be
subject
to
a
background
investigation
conducted
by
14
the
division
of
criminal
investigation
of
the
department
of
15
public
safety
and
a
national
criminal
history
background
check
16
pursuant
to
section
124E.19
.
17
9.
A
medical
cannabidiol
cannabis
dispensary
shall
not
18
operate
at
the
same
physical
location
as
a
medical
cannabidiol
19
cannabis
manufacturer.
20
10.
A
medical
cannabidiol
cannabis
dispensary
shall
not
21
operate
in
any
location
within
one
thousand
feet
of
a
public
22
or
private
school
existing
before
the
date
of
the
medical
23
cannabidiol
cannabis
dispensary’s
licensure
by
the
department.
24
11.
A
medical
cannabidiol
cannabis
dispensary
shall
comply
25
with
reasonable
restrictions
set
by
the
department
relating
26
to
signage,
marketing,
display,
and
advertising
of
medical
27
cannabidiol
cannabis
.
28
12.
Prior
to
dispensing
of
any
medical
cannabidiol
29
cannabis
,
a
medical
cannabidiol
cannabis
dispensary
shall
do
30
all
of
the
following:
31
a.
Verify
that
the
medical
cannabidiol
cannabis
dispensary
32
has
received
a
valid
medical
cannabidiol
cannabis
registration
33
card
from
a
patient
or
a
patient’s
primary
caregiver,
if
34
applicable.
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b.
Assign
a
tracking
number
to
any
medical
cannabidiol
1
cannabis
dispensed
from
the
medical
cannabidiol
cannabis
2
dispensary.
3
c.
Properly
package
medical
cannabidiol
cannabis
in
4
compliance
with
federal
law
regarding
child
resistant
packaging
5
and
exemptions
for
packaging
for
elderly
patients,
and
6
label
medical
cannabidiol
cannabis
with
a
list
of
all
active
7
ingredients
and
individually
identifying
information.
8
Sec.
37.
Section
124E.10,
Code
2020,
is
amended
to
read
as
9
follows:
10
124E.10
Fees.
11
All
fees
collected
by
the
department
under
this
chapter
12
shall
be
retained
by
the
department
for
operation
of
the
13
medical
cannabidiol
cannabis
registration
card
program
and
14
the
medical
cannabidiol
cannabis
manufacturer
and
medical
15
cannabidiol
cannabis
dispensary
licensing
programs.
The
moneys
16
retained
by
the
department
shall
be
considered
repayment
17
receipts
as
defined
in
section
8.2
and
shall
be
used
for
any
of
18
the
department’s
duties
under
this
chapter
,
including
but
not
19
limited
to
the
addition
of
full-time
equivalent
positions
for
20
program
services
and
investigations.
Notwithstanding
section
21
8.33
,
moneys
retained
by
the
department
pursuant
to
this
22
section
shall
not
revert
to
the
general
fund
of
the
state
but
23
shall
remain
available
for
expenditure
only
for
the
purposes
24
specified
in
this
section
.
25
Sec.
38.
Section
124E.11,
subsection
1,
paragraph
a,
Code
26
2020,
is
amended
to
read
as
follows:
27
a.
The
department
shall
maintain
a
confidential
file
of
the
28
names
of
each
patient
to
or
for
whom
the
department
issues
a
29
medical
cannabidiol
cannabis
registration
card
and
the
name
of
30
each
primary
caregiver
to
whom
the
department
issues
a
medical
31
cannabidiol
cannabis
registration
card
under
section
124E.4
.
32
Sec.
39.
Section
124E.11,
subsection
1,
paragraph
b,
33
subparagraph
(1),
subparagraph
divisions
(b)
and
(d),
Code
34
2020,
are
amended
to
read
as
follows:
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(b)
To
authorized
employees
of
law
enforcement
agencies
1
of
a
state
or
political
subdivision
thereof,
but
only
for
the
2
purpose
of
verifying
that
a
person
is
lawfully
in
possession
3
of
a
medical
cannabidiol
cannabis
registration
card
issued
4
pursuant
to
this
chapter
.
5
(d)
To
any
other
authorized
persons
recognized
by
the
6
department
by
rule,
but
only
for
the
purpose
of
verifying
that
7
a
person
is
lawfully
in
possession
of
a
medical
cannabidiol
8
cannabis
registration
card
issued
pursuant
to
this
chapter
.
9
Sec.
40.
Section
124E.11,
subsection
2,
Code
2020,
is
10
amended
to
read
as
follows:
11
2.
The
department
shall
adopt
rules
pursuant
to
chapter
12
17A
to
administer
this
chapter
which
shall
include
but
not
be
13
limited
to
rules
to
do
all
of
the
following:
14
a.
Govern
the
manner
in
which
the
department
shall
consider
15
applications
for
new
and
renewal
medical
cannabidiol
cannabis
16
registration
cards.
17
b.
Ensure
that
the
medical
cannabidiol
cannabis
registration
18
card
program
operates
on
a
self-sustaining
basis.
19
c.
Establish
the
form
and
quantity
of
medical
cannabidiol
20
cannabis
allowed
to
be
dispensed
to
a
patient
or
primary
21
caregiver
pursuant
to
this
chapter
as
appropriate
to
serve
the
22
medical
needs
of
patients
with
debilitating
medical
conditions,
23
subject
to
recommendation
by
the
medical
cannabidiol
cannabis
24
board
and
approval
by
the
board
of
medicine.
25
d.
Establish
requirements
for
the
licensure
of
medical
26
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
27
cannabis
dispensaries
and
set
forth
procedures
for
medical
28
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
29
cannabis
dispensaries
to
obtain
licenses.
30
e.
Develop
a
dispensing
system
for
medical
cannabidiol
31
cannabis
within
this
state
that
provides
for
all
of
the
32
following:
33
(1)
Medical
cannabidiol
cannabis
dispensaries
within
this
34
state
housed
on
secured
grounds
and
operated
by
licensed
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medical
cannabidiol
cannabis
dispensaries.
1
(2)
The
dispensing
of
medical
cannabidiol
cannabis
to
2
patients
and
their
primary
caregivers
to
occur
at
locations
3
designated
by
the
department.
4
f.
Establish
and
collect
annual
fees
from
medical
5
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
6
cannabis
dispensaries
to
cover
the
costs
associated
with
7
regulating
and
inspecting
medical
cannabidiol
cannabis
8
manufacturers
and
medical
cannabidiol
cannabis
dispensaries.
9
g.
Specify
and
implement
procedures
that
address
public
10
safety
including
security
procedures
and
product
quality
11
including
measures
to
ensure
contaminant-free
cultivation
of
12
medical
cannabidiol
cannabis
,
safety,
and
labeling.
13
h.
Establish
and
implement
a
real-time,
statewide
medical
14
cannabidiol
cannabis
registry
management
sale
tracking
system
15
that
is
available
to
medical
cannabidiol
cannabis
dispensaries
16
on
a
twenty-four-hour-a-day,
seven-day-a-week
basis
for
the
17
purpose
of
verifying
that
a
person
is
lawfully
in
possession
18
of
a
medical
cannabidiol
cannabis
registration
card
issued
19
pursuant
to
this
chapter
and
for
tracking
the
date
of
the
sale
20
and
quantity
of
medical
cannabidiol
cannabis
purchased
by
a
21
patient
or
a
primary
caregiver.
22
i.
Establish
and
implement
a
medical
cannabidiol
cannabis
23
inventory
and
delivery
tracking
system
to
track
medical
24
cannabidiol
cannabis
from
production
by
a
medical
cannabidiol
25
cannabis
manufacturer
through
dispensing
at
a
medical
26
cannabidiol
cannabis
dispensary.
27
Sec.
41.
Section
124E.12,
subsections
1,
2,
3,
4,
5,
6,
8,
28
and
9,
Code
2020,
are
amended
to
read
as
follows:
29
1.
A
health
care
practitioner,
including
any
authorized
30
agent
or
employee
thereof,
shall
not
be
subject
to
31
prosecution
for
the
unlawful
certification,
possession,
or
32
administration
of
marijuana
under
the
laws
of
this
state
for
33
activities
arising
directly
out
of
or
directly
related
to
the
34
certification
or
use
of
medical
cannabidiol
cannabis
in
the
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treatment
of
a
patient
diagnosed
with
a
debilitating
medical
1
condition
as
authorized
by
this
chapter
.
2
2.
A
medical
cannabidiol
cannabis
manufacturer,
including
3
any
authorized
agent
or
employee
thereof,
shall
not
be
subject
4
to
prosecution
for
manufacturing,
possessing,
cultivating,
5
harvesting,
transporting,
packaging,
processing,
or
supplying
6
medical
cannabidiol
cannabis
pursuant
to
this
chapter
.
7
3.
A
medical
cannabidiol
cannabis
dispensary,
including
8
any
authorized
agent
or
employee
thereof,
shall
not
be
subject
9
to
prosecution
for
dispensing
medical
cannabidiol
cannabis
10
pursuant
to
this
chapter
.
11
4.
a.
In
a
prosecution
for
the
unlawful
possession
of
12
marijuana
under
the
laws
of
this
state
for
the
possession
13
of
medical
cannabidiol
cannabis
,
including
but
not
limited
14
to
chapters
124
and
453B
,
it
is
an
affirmative
and
complete
15
defense
to
the
prosecution
that
the
patient
has
been
diagnosed
16
with
a
debilitating
medical
condition,
used
or
possessed
17
medical
cannabidiol
cannabis
pursuant
to
a
certification
by
a
18
health
care
practitioner
as
authorized
under
this
chapter
,
and,
19
for
a
patient
eighteen
years
of
age
or
older,
is
in
possession
20
of
a
valid
medical
cannabidiol
cannabis
registration
card
21
issued
pursuant
to
this
chapter
.
22
b.
In
a
prosecution
for
the
unlawful
possession
of
marijuana
23
under
the
laws
of
this
state
for
the
possession
of
medical
24
cannabidiol
cannabis
,
including
but
not
limited
to
chapters
25
124
and
453B
,
it
is
an
affirmative
and
complete
defense
to
26
the
prosecution
that
the
person
possessed
medical
cannabidiol
27
cannabis
because
the
person
is
a
primary
caregiver
of
a
patient
28
who
has
been
diagnosed
with
a
debilitating
medical
condition
29
and
is
in
possession
of
a
valid
medical
cannabidiol
cannabis
30
registration
card
issued
pursuant
to
this
chapter
,
and
where
31
the
primary
caregiver’s
possession
of
the
medical
cannabidiol
32
cannabis
is
on
behalf
of
the
patient
and
for
the
patient’s
use
33
only
as
authorized
under
this
chapter
.
34
c.
If
a
patient
or
primary
caregiver
is
charged
with
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the
unlawful
possession
of
marijuana
under
the
laws
of
this
1
state
for
the
possession
of
medical
cannabidiol
cannabis
,
2
including
but
not
limited
to
chapters
124
and
453B
,
and
is
not
3
in
possession
of
the
person’s
medical
cannabidiol
cannabis
4
registration
card,
any
charge
or
charges
filed
against
the
5
person
for
the
possession
of
medical
cannabidiol
cannabis
6
shall
be
dismissed
by
the
court
if
the
person
produces
to
the
7
court
prior
to
or
at
the
person’s
trial
a
medical
cannabidiol
8
cannabis
registration
card
issued
to
that
person
and
valid
at
9
the
time
the
person
was
charged.
10
5.
An
agency
of
this
state
or
a
political
subdivision
11
thereof,
including
any
law
enforcement
agency,
shall
not
remove
12
or
initiate
proceedings
to
remove
a
patient
under
the
age
13
of
eighteen
from
the
home
of
a
parent
based
solely
upon
the
14
parent’s
or
patient’s
possession
or
use
of
medical
cannabidiol
15
cannabis
as
authorized
under
this
chapter
.
16
6.
The
department,
the
department
of
transportation,
17
and
any
health
care
practitioner,
including
any
authorized
18
agent
or
employee
thereof,
are
not
subject
to
any
civil
19
or
disciplinary
penalties
by
the
board
of
medicine
or
any
20
business,
occupational,
or
professional
licensing
board
21
or
entity,
solely
for
activities
conducted
relating
to
a
22
patient’s
possession
or
use
of
medical
cannabidiol
cannabis
as
23
authorized
under
this
chapter
.
Nothing
in
this
section
affects
24
a
professional
licensing
board
from
taking
action
in
response
25
to
violations
of
any
other
section
of
law.
26
8.
An
attorney
shall
not
be
subject
to
disciplinary
action
27
by
the
Iowa
supreme
court
or
attorney
disciplinary
board
for
28
providing
legal
assistance
to
a
patient,
primary
caregiver,
or
29
others
based
upon
a
patient’s
or
primary
caregiver’s
possession
30
or
use
of
medical
cannabidiol
cannabis
as
authorized
under
this
31
chapter
.
32
9.
Possession
of
a
medical
cannabidiol
cannabis
33
registration
card
or
an
application
for
a
medical
cannabidiol
34
cannabis
registration
card
by
a
person
entitled
to
possess
or
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apply
for
a
medical
cannabidiol
cannabis
registration
card
1
shall
not
constitute
probable
cause
or
reasonable
suspicion,
2
and
shall
not
be
used
to
support
a
search
of
the
person
or
3
property
of
the
person
possessing
or
applying
for
the
medical
4
cannabidiol
cannabis
registration
card,
or
otherwise
subject
5
the
person
or
property
of
the
person
to
inspection
by
any
6
governmental
agency.
7
Sec.
42.
Section
124E.13,
Code
2020,
is
amended
to
read
as
8
follows:
9
124E.13
Medical
cannabidiol
cannabis
source.
10
Medical
cannabidiol
cannabis
provided
exclusively
pursuant
11
to
a
written
certification
of
a
health
care
practitioner,
if
12
not
legally
available
in
this
state
or
from
any
other
bordering
13
state,
shall
be
obtained
from
an
out-of-state
source.
14
Sec.
43.
Section
124E.14,
Code
2020,
is
amended
to
read
as
15
follows:
16
124E.14
Out-of-state
medical
cannabidiol
cannabis
17
dispensaries.
18
The
department
of
public
health
shall
utilize
a
request
for
19
proposals
process
to
select
and
license
by
December
1,
2017,
up
20
to
two
out-of-state
medical
cannabidiol
cannabis
dispensaries
21
from
a
bordering
state
to
sell
and
dispense
medical
cannabidiol
22
cannabis
to
a
patient
or
primary
caregiver
in
possession
of
a
23
valid
medical
cannabidiol
cannabis
registration
card
issued
24
under
this
chapter
.
25
Sec.
44.
Section
124E.15,
Code
2020,
is
amended
to
read
as
26
follows:
27
124E.15
Iowa
patients
and
primary
caregivers
registering
in
28
the
state
of
Minnesota.
29
A
patient
or
a
primary
caregiver
with
a
valid
medical
30
cannabidiol
cannabis
registration
card
issued
pursuant
to
this
31
chapter
may
register
in
the
state
of
Minnesota
as
a
visiting
32
qualified
patient
or
primary
caregiver
and
may
register
with
33
one
or
more
medical
cannabis
manufacturers
registered
under
the
34
laws
of
Minnesota.
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Sec.
45.
Section
124E.16,
Code
2020,
is
amended
to
read
as
1
follows:
2
124E.16
Penalties.
3
1.
A
person
who
knowingly
or
intentionally
possesses
or
uses
4
medical
cannabidiol
cannabis
in
violation
of
the
requirements
5
of
this
chapter
is
subject
to
the
penalties
provided
under
6
chapters
124
and
453B
.
7
2.
A
medical
cannabidiol
cannabis
manufacturer
or
a
medical
8
cannabidiol
cannabis
dispensary
shall
be
assessed
a
civil
9
penalty
of
up
to
one
thousand
dollars
per
violation
for
any
10
violation
of
this
chapter
in
addition
to
any
other
applicable
11
penalties.
12
Sec.
46.
Section
124E.17,
Code
2020,
is
amended
to
read
as
13
follows:
14
124E.17
Use
of
medical
cannabidiol
cannabis
——
smoking
15
prohibited.
16
A
patient
shall
not
consume
medical
cannabidiol
cannabis
17
possessed
or
used
as
authorized
under
this
chapter
by
smoking
18
medical
cannabidiol
cannabis
.
19
Sec.
47.
Section
124E.18,
Code
2020,
is
amended
to
read
as
20
follows:
21
124E.18
Reciprocity.
22
A
valid
medical
cannabidiol
cannabis
registration
card,
23
or
its
equivalent,
issued
under
the
laws
of
another
state
24
that
allows
an
out-of-state
patient
to
possess
or
use
medical
25
cannabidiol
cannabis
in
the
jurisdiction
of
issuance
shall
26
have
the
same
force
and
effect
as
a
valid
medical
cannabidiol
27
cannabis
registration
card
issued
pursuant
to
this
chapter
,
28
except
that
an
out-of-state
patient
in
this
state
shall
not
29
obtain
medical
cannabidiol
cannabis
from
a
medical
cannabidiol
30
cannabis
dispensary
in
this
state.
31
Sec.
48.
Section
124E.19,
subsections
1,
2,
and
4,
Code
32
2020,
are
amended
to
read
as
follows:
33
1.
The
division
of
criminal
investigation
of
the
34
department
of
public
safety
shall
conduct
thorough
background
35
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investigations
for
the
purposes
of
licensing
medical
1
cannabidiol
cannabis
manufacturers
and
medical
cannabidiol
2
cannabis
dispensaries
under
this
chapter
.
The
results
of
any
3
background
investigation
conducted
pursuant
to
this
section
4
shall
be
presented
to
the
department.
5
a.
An
applicant
for
a
medical
cannabidiol
cannabis
6
manufacturer
license
or
a
medical
cannabidiol
cannabis
7
dispensary
license
and
their
owners,
investors,
and
employees
8
shall
submit
all
required
information
on
a
form
prescribed
by
9
the
department
of
public
safety.
10
b.
The
department
shall
charge
an
applicant
for
a
medical
11
cannabidiol
cannabis
manufacturer
license
or
a
medical
12
cannabidiol
cannabis
dispensary
license
a
fee
determined
by
13
the
department
of
public
safety
and
adopted
by
the
department
14
by
rule
to
defray
the
costs
associated
with
background
15
investigations
conducted
pursuant
to
the
requirements
of
this
16
section
.
The
fee
shall
be
in
addition
to
any
other
fees
17
charged
by
the
department.
The
fee
may
be
retained
by
the
18
department
of
public
safety
and
shall
be
considered
repayment
19
receipts
as
defined
in
section
8.2
.
20
2.
The
department
shall
require
an
applicant
for
a
21
medical
cannabidiol
cannabis
manufacturer
license
or
a
22
medical
cannabidiol
cannabis
dispensary
license,
their
owners
23
and
investors,
and
applicants
for
employment
at
a
medical
24
cannabidiol
cannabis
manufacturer
or
medical
cannabidiol
25
cannabis
dispensary
to
submit
fingerprints
and
other
required
26
identifying
information
to
the
department
on
a
form
prescribed
27
by
the
department
of
public
safety.
The
department
shall
28
submit
the
fingerprint
cards
and
other
identifying
information
29
to
the
division
of
criminal
investigation
of
the
department
30
of
public
safety
for
submission
to
the
federal
bureau
of
31
investigation
for
the
purpose
of
conducting
a
national
criminal
32
history
record
check.
The
department
may
require
employees
and
33
contractors
involved
in
carrying
out
a
background
investigation
34
to
submit
fingerprints
and
other
identifying
information
for
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the
same
purpose.
1
4.
An
applicant
for
a
medical
cannabidiol
cannabis
2
manufacturer
license
or
a
medical
cannabidiol
cannabis
3
dispensary
license
shall
submit
information
and
fees
required
4
by
this
section
at
the
time
of
application.
5
Sec.
49.
Section
204.17,
subsection
4,
Code
2020,
is
amended
6
to
read
as
follows:
7
4.
Nothing
in
this
chapter
shall
be
construed
or
applied
8
to
authorize
a
person
to
manufacture,
recommend,
possess,
use,
9
dispense,
deliver,
transport,
or
administer
medical
cannabidiol
10
cannabis
pursuant
to
chapter
124E
.
11
Sec.
50.
Section
730.5,
subsection
11,
paragraph
f,
Code
12
2020,
is
amended
to
read
as
follows:
13
f.
Testing
or
taking
action
against
an
employee
or
14
prospective
employee
with
a
confirmed
positive
test
result
due
15
to
the
employee’s
or
prospective
employee’s
use
of
medical
16
cannabidiol
cannabis
as
authorized
under
chapter
124E
.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
medical
cannabidiol
program.
The
21
bill
is
organized
into
divisions.
22
DIVISION
I
——
MEDICAL
CANNABIDIOL
PROGRAM.
The
bill
changes
23
the
name
of
the
medical
cannabidiol
Act
to
the
medical
cannabis
24
Act.
25
The
bill
adds
physician
assistants,
advanced
registered
26
nurse
practitioners,
advanced
practice
registered
nurses,
and
27
podiatrists
to
the
list
of
health
care
practitioners
allowed
to
28
certify
a
patient
to
receive
a
medical
cannabidiol
registration
29
card.
30
The
bill
removes
the
3
percent
tetrahydrocannabinol
(THC)
31
limit
on
medical
cannabidiol.
The
bill
prohibits
a
medical
32
cannabidiol
patient
or
a
patient’s
primary
caregiver
from
33
receiving
more
than
4.5
grams
of
total
THC
in
a
90-day
period.
34
The
bill
allows
medical
cannabidiol
dispensaries
to
access
the
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files
of
the
department
of
public
health
to
determine
whether
1
a
patient
has
received
more
than
4.5
grams
of
total
THC
in
a
2
90-day
period.
The
bill
defines
“total
THC”
as
the
amount
of
3
THC
plus
the
amount
of
tetrahydrocannabinolic
acid.
4
The
bill
removes
the
department
of
transportation
from
the
5
process
of
issuing
medical
cannabidiol
registration
cards
and
6
makes
conforming
Code
changes.
The
bill
directs
the
department
7
of
public
health
to
issue
medical
cannabidiol
registration
8
cards.
9
The
bill
removes
the
prohibitions
on
patients
and
primary
10
caregivers
with
certain
disqualifying
felony
offenses
from
11
receiving
a
medical
cannabidiol
registration
card.
12
The
bill
removes
the
limit
on
the
number
of
meetings
per
year
13
of
the
medical
cannabidiol
board.
Current
law
sets
the
maximum
14
number
of
meetings
to
four
per
year.
15
The
bill
requires
medical
cannabidiol
dispensaries
to
employ
16
a
pharmacist
or
pharmacy
technician
for
the
purpose
of
making
17
medical
cannabidiol
dosing
recommendations.
18
The
bill
allows
health
care
practitioners
to
access
the
19
patient
registry
maintained
by
the
department
of
public
health
20
to
determine
whether
a
patient
seeking
a
written
certification
21
for
a
medical
cannabidiol
registration
card
has
already
22
received
a
written
certification
from
another
health
care
23
practitioner.
24
The
bill
requires
the
department
of
public
health
to
25
conduct
an
observational
effectiveness
study,
in
cooperation
26
with
patients
and
health
care
practitioners,
on
the
efficacy
27
of
medical
cannabis
products.
The
bill
also
requires
the
28
department
to
seek
guarantees
from
federal
agencies
that
29
provide
funding
to
educational
and
long-term
care
facilities
30
that
facilities
with
policies
allowing
patients
to
possess
31
medical
cannabis
on
the
property
of
the
facility
or
allowing
32
facility
staff
to
administer
medical
cannabis
to
a
patient
33
will
not
lose
eligibility
for
any
federal
funding
due
to
such
34
policies.
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The
bill
provides
that
a
medical
cannabidiol
registration
1
card
issued
prior
to
July
1,
2020,
by
the
department
of
2
transportation
shall
remain
valid
until
the
card’s
expiration
3
date.
4
DIVISION
II
——
CONFORMING
CODE
CHANGES.
This
division
5
changes
references
to
“medical
cannabidiol”
to
“medical
6
cannabis”
throughout
the
Code.
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