Bill Text: IA SSB3222 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act creating the medical cannabidiol Act and providing penalties and including effective date provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2014-04-23 - In Ways and Means [SSB3222 Detail]
Download: Iowa-2013-SSB3222-Introduced.html
Senate
Study
Bill
3222
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
creating
the
medical
cannabidiol
Act
and
providing
1
penalties
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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6227XC
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S.F.
_____
Section
1.
Section
124.401,
subsection
5,
Code
2014,
is
1
amended
by
adding
the
following
new
unnumbered
paragraph
after
2
unnumbered
paragraph
2:
3
NEW
UNNUMBERED
PARAGRAPH
.
A
person
may
knowingly
or
4
intentionally
recommend,
possess,
use,
dispense,
deliver,
5
transport,
or
administer
cannabidiol
if
the
recommendation,
6
possession,
use,
dispensing,
delivery,
transporting,
or
7
administering
is
in
accordance
with
the
provisions
of
chapter
8
124D.
For
purposes
of
this
paragraph,
“cannabidiol”
means
the
9
same
as
defined
in
section
124D.2.
10
Sec.
2.
NEW
SECTION
.
124D.1
Short
title.
11
This
chapter
shall
be
known
and
may
be
cited
as
the
“Medical
12
Cannabidiol
Act”
.
13
Sec.
3.
NEW
SECTION
.
124D.2
Definitions.
14
As
used
in
this
chapter:
15
1.
“Cannabidiol”
means
a
nonpsychoactive
cannabinoid
found
16
in
the
plant
Cannabis
sativa
L.
or
Cannabis
indica
or
any
17
other
preparation
thereof
that
is
essentially
free
from
plant
18
material,
and
has
a
tetrahydrocannabinol
level
of
no
more
than
19
three
percent.
20
2.
“Department”
means
the
department
of
public
health.
21
3.
“
Intractable
epilepsy”
means
an
epileptic
seizure
22
disorder
for
which
standard
medical
treatment
does
not
prevent
23
or
significantly
ameliorate
recurring,
uncontrolled
seizures
or
24
for
which
standard
medical
treatment
results
in
harmful
side
25
effects.
26
4.
“Neurologist”
means
an
allopathic
or
osteopathic
27
physician
board-certified
in
neurology
in
good
standing
and
28
licensed
under
chapter
148
or
an
allopathic
or
osteopathic
29
physician
board-certified
in
neurology
in
good
standing
and
30
licensed
in
any
other
state.
31
5.
a.
“Primary
caregiver”
means
a
person,
at
least
32
eighteen
years
of
age,
who
has
been
designated
by
a
patient’s
33
neurologist
or
a
person
having
custody
of
a
patient,
as
being
34
necessary
to
take
responsibility
for
managing
the
well-being
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of
the
patient
with
respect
to
the
medical
use
of
cannabidiol
1
pursuant
to
the
provisions
of
this
chapter.
A
patient
may
have
2
one
or
more
designated
primary
caregivers.
3
b.
“Primary
caregiver”
includes
but
is
not
limited
to
the
4
following:
5
(1)
An
employee
of
a
hospice
program,
if
the
employee
meets
6
the
definition
of
a
primary
caregiver
under
paragraph
“a”
.
7
(2)
An
individual
providing
home
and
community-based
8
services,
and
including
a
home
health
agency,
licensed,
9
certified,
or
otherwise
authorized
or
permitted
by
the
law
of
10
this
state
or
another
state
to
administer
health
care
in
the
11
ordinary
course
of
business
or
in
the
practice
of
a
profession,
12
if
the
individual
meets
the
definition
of
a
primary
caregiver
13
under
paragraph
“a”
.
14
Sec.
4.
NEW
SECTION
.
124D.3
Neurologist
recommendation
——
15
medical
use
of
cannabidiol.
16
A
neurologist
who
has
examined
and
treated
a
patient
17
suffering
from
intractable
epilepsy
may
provide
but
has
no
18
duty
to
provide
a
written
recommendation
for
the
patient’s
19
medical
use
of
cannabidiol
to
treat
or
alleviate
symptoms
of
20
intractable
epilepsy
if
no
other
satisfactory
alternative
21
treatment
options
exist
for
the
patient
and
all
of
the
22
following
conditions
apply:
23
1.
The
patient
is
a
permanent
resident
of
this
state.
24
2.
The
neurologist
or
another
neurologist
has
treated
the
25
patient
for
intractable
epilepsy
for
at
least
six
months.
26
3.
The
neurologist
has
tried
alternative
treatment
options
27
that
have
not
alleviated
the
patient’s
symptoms.
28
4.
The
neurologist
determines
the
risks
of
recommending
29
the
medical
use
of
cannabidiol
are
reasonable
in
light
of
the
30
potential
benefit
for
the
patient.
31
5.
The
neurologist
maintains
a
patient
treatment
plan.
32
Sec.
5.
NEW
SECTION
.
124D.4
Cannabidiol
registration
card.
33
1.
Issuance
to
patient.
The
department
may
approve
the
34
issuance
of
a
cannabidiol
registration
card
by
the
department
35
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of
transportation
to
a
patient
who:
1
a.
Is
at
least
eighteen
years
of
age.
2
b.
Is
a
permanent
resident
of
this
state.
3
c.
Provides
the
department
with
a
written
recommendation
4
signed
by
a
neurologist
that
the
patient
may
benefit
from
the
5
medical
use
of
cannabidiol
pursuant
to
section
124D.3.
6
d.
Submits
an
application
to
the
department,
on
a
form
7
created
by
the
department,
in
consultation
with
the
department
8
of
transportation,
that
contains
all
of
the
following:
9
(1)
The
patient’s
full
name,
Iowa
residence
address,
date
10
of
birth,
and
telephone
number.
11
(2)
A
copy
of
the
patient’s
valid
photo
identification.
12
(3)
Full
name,
address,
and
telephone
number
of
the
13
patient’s
neurologist.
14
(4)
Full
name,
residence
address,
date
of
birth,
and
15
telephone
number
of
each
primary
caregiver
of
the
patient,
if
16
any.
17
(5)
Any
other
information
required
by
rule.
18
2.
Patient
card
contents.
A
cannabidiol
registration
19
card
issued
to
a
patient
by
the
department
of
transportation
20
pursuant
to
subsection
1
shall
contain,
at
a
minimum,
all
of
21
the
following:
22
a.
The
patient’s
full
name,
Iowa
residence
address,
and
date
23
of
birth.
24
b.
The
patient’s
photo.
25
c.
The
date
of
issuance
and
expiration
date
of
the
26
registration
card.
27
d.
Any
other
information
required
by
rule.
28
3.
Issuance
to
primary
caregiver.
For
a
patient
in
a
29
primary
caregiver’s
care,
the
department
may
approve
the
30
issuance
of
a
cannabidiol
registration
card
by
the
department
31
of
transportation
to
the
primary
caregiver
who:
32
a.
Is
at
least
eighteen
years
of
age.
33
b.
Provides
the
department
with
a
written
recommendation
34
signed
by
a
neurologist
that
a
patient
in
the
primary
35
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caregiver’s
care
may
benefit
from
the
medical
use
of
1
cannabidiol
pursuant
to
section
124D.3.
2
c.
Submits
an
application
to
the
department,
on
a
form
3
created
by
the
department,
in
consultation
with
the
department
4
of
transportation,
that
contains
all
of
the
following:
5
(1)
The
primary
caregiver’s
full
name,
residence
address,
6
date
of
birth,
and
telephone
number.
7
(2)
The
patient’s
full
name.
8
(3)
A
copy
of
the
primary
caregiver’s
valid
photo
9
identification.
10
(4)
Full
name,
address,
and
telephone
number
of
the
11
patient’s
neurologist.
12
(5)
Any
other
information
required
by
rule.
13
4.
Primary
caregiver
card
contents.
A
cannabidiol
14
registration
card
issued
by
the
department
of
transportation
to
15
a
primary
caregiver
pursuant
to
subsection
3
shall
contain,
at
16
a
minimum,
all
of
the
following:
17
a.
The
primary
caregiver’s
full
name,
residence
address,
and
18
date
of
birth.
19
b.
The
primary
caregiver’s
photo.
20
c.
The
date
of
issuance
and
expiration
date
of
the
21
registration
card.
22
d.
The
full
name
of
each
patient
in
the
primary
caregiver’s
23
care.
24
e.
Any
other
information
required
by
rule.
25
5.
Expiration
date
of
card.
A
cannabidiol
registration
card
26
issued
pursuant
to
this
section
shall
expire
one
year
after
the
27
date
of
issuance
and
may
be
renewed.
28
6.
Card
issuance
——
department
of
transportation.
29
The
department
may
enter
into
a
chapter
28E
agreement
with
the
30
department
of
transportation
to
facilitate
the
issuance
of
a
31
cannabidiol
registration
card
pursuant
to
subsections
1
and
3.
32
7.
Validity
of
card
issued
in
another
jurisdiction.
A
33
cannabidiol
registration
card,
or
its
equivalent,
that
is
34
issued
under
the
laws
of
another
state,
district,
territory,
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or
possession
of
the
United
States
that
allows
a
patient
to
1
possess
or
use
cannabidiol
for
only
intractable
epilepsy
in
2
the
jurisdiction
of
issuance
has
the
same
force
and
effect
3
when
held
by
the
patient
while
in
this
state
as
a
cannabidiol
4
registration
card
issued
by
the
department
of
transportation
5
in
this
state.
6
Sec.
6.
NEW
SECTION
.
124D.5
Department
duties
——
rules.
7
1.
a.
The
department
shall
maintain
a
confidential
file
8
of
the
names
of
each
patient
to
or
for
whom
the
department
9
issues
a
cannabidiol
registration
card
and
the
name
of
each
10
primary
caregiver
to
whom
the
department
issues
a
cannabidiol
11
registration
card
under
section
124D.4.
12
b.
Individual
names
contained
in
the
file
shall
be
13
confidential
and
shall
not
be
subject
to
disclosure,
except
as
14
provided
in
subparagraph
(1).
15
(1)
Information
in
the
confidential
file
maintained
16
pursuant
to
paragraph
“a”
may
be
released
to
the
following
17
persons
under
the
following
circumstances:
18
(a)
To
authorized
employees
or
agents
of
the
department
and
19
the
department
of
transportation
as
necessary
to
perform
the
20
duties
of
the
department
and
the
department
of
transportation
21
pursuant
to
this
chapter.
22
(b)
To
authorized
employees
of
state
or
local
law
23
enforcement
agencies,
but
only
for
the
purpose
of
verifying
24
that
a
person
is
lawfully
in
possession
of
a
cannabidiol
25
registration
card
issued
pursuant
to
this
chapter.
26
(2)
Release
of
information
pursuant
to
subparagraph
27
(1)
shall
be
consistent
with
the
federal
Health
Insurance
28
Portability
and
Accountability
Act
of
1996,
Pub.
L.
No.
29
104-191.
30
2.
a.
The
department,
in
consultation
with
the
department
31
of
transportation,
shall
adopt
administrative
rules
under
32
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
33
paragraph
“b”
,
to
implement
the
provisions
of
this
chapter,
34
subject
to
the
prior
approval
of
the
administrative
rules
35
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coordinator
and
the
administrative
rules
review
committee.
1
Such
rules
shall
become
effective
July
1,
2014,
unless
the
2
effective
date
is
delayed
by
the
administrative
rules
review
3
committee
and
shall
expire
one
hundred
eighty
days
after
the
4
effective
date.
5
b.
The
rules
adopted
pursuant
to
this
subsection
shall
6
include
but
not
be
limited
to
rules
to
establish
the
manner
in
7
which
the
department
shall
consider
applications
for
new
and
8
renewal
cannabidiol
registration
cards.
9
Sec.
7.
NEW
SECTION
.
124D.6
Medical
use
of
cannabidiol
——
10
affirmative
defense.
11
1.
a.
A
recommendation
for
the
possession
or
use
of
12
cannabidiol
as
authorized
by
this
chapter
shall
be
provided
13
exclusively
by
a
neurologist
for
a
patient
who
has
been
14
diagnosed
with
intractable
epilepsy.
15
b.
Cannabidiol
provided
exclusively
pursuant
to
the
16
recommendation
of
a
neurologist
shall
be
obtained
from
an
17
out-of-state
source
and
shall
only
be
recommended
for
oral
or
18
transdermal
administration.
19
c.
A
neurologist
shall
be
the
sole
authorized
recommender
20
as
part
of
the
treatment
plan
by
the
neurologist
of
a
patient
21
diagnosed
with
intractable
epilepsy.
A
neurologist
shall
22
have
the
sole
authority
to
recommend
the
use
or
amount
of
23
cannabidiol,
if
any,
in
the
treatment
plan
of
a
patient
24
diagnosed
with
intractable
epilepsy.
25
2.
A
neurologist,
including
any
authorized
agent
thereof,
26
shall
not
be
subject
to
prosecution
for
the
unlawful
27
recommendation,
possession,
or
administration
of
marijuana
28
under
the
laws
of
this
state
for
activities
arising
directly
29
out
of
or
directly
related
to
the
recommendation
or
use
of
30
cannabidiol
in
the
treatment
of
a
patient
diagnosed
with
31
intractable
epilepsy.
32
3.
a.
In
a
prosecution
for
the
unlawful
possession
of
33
marijuana
under
the
laws
of
this
state,
including
but
not
34
limited
to
chapters
124
and
453B,
it
is
an
affirmative
and
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complete
defense
to
the
prosecution
that
the
patient
has
1
been
diagnosed
with
intractable
epilepsy,
used
or
possessed
2
cannabidiol
pursuant
to
a
recommendation
by
a
neurologist
as
3
authorized
under
this
chapter,
and,
for
a
patient
eighteen
4
years
of
age
or
older,
is
in
possession
of
a
valid
cannabidiol
5
registration
card.
6
b.
In
a
prosecution
for
the
unlawful
possession
of
7
marijuana
under
the
laws
of
this
state,
including
but
not
8
limited
to
chapters
124
and
453B,
it
is
an
affirmative
and
9
complete
defense
to
the
prosecution
that
the
person
possessed
10
cannabidiol
because
the
person
is
a
primary
caregiver
of
a
11
patient
who
has
been
diagnosed
with
intractable
epilepsy
and
12
is
in
possession
of
a
valid
cannabidiol
registration
card,
and
13
where
the
primary
caregiver’s
possession
of
the
cannabidiol
14
is
on
behalf
of
the
patient
and
for
the
patient’s
use
only
as
15
authorized
under
this
chapter.
16
c.
If
a
patient
or
primary
caregiver
is
charged
with
the
17
commission
of
a
crime
and
is
not
in
possession
of
the
person’s
18
cannabidiol
registration
card,
any
charge
or
charges
filed
19
against
the
person
shall
be
dismissed
by
the
court
if
the
20
person
produces
to
the
clerk
of
the
district
court,
prior
to
21
the
initial
court
date,
a
cannabidiol
registration
card
issued
22
to
that
person
and
valid
at
the
time
the
person
was
charged.
23
4.
An
agency
of
this
state
or
a
political
subdivision
24
thereof,
including
any
law
enforcement
agency,
shall
not
25
remove
or
initiate
proceedings
to
remove
a
patient
under
the
26
age
of
eighteen
from
the
home
of
a
parent
based
solely
upon
27
the
parent’s
or
patient’s
possession
or
use
of
cannabidiol
as
28
authorized
under
this
chapter.
29
Sec.
8.
NEW
SECTION
.
124D.7
Penalties.
30
A
person
who
knowingly
or
intentionally
possesses
or
uses
31
cannabidiol
in
violation
of
the
requirements
of
this
chapter
is
32
subject
to
the
penalties
provided
under
chapters
124
and
453B.
33
Sec.
9.
NEW
SECTION
.
124D.8
Repeal.
34
This
chapter
is
repealed
July
1,
2017.
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Sec.
10.
EFFECTIVE
UPON
ENACTMENT.
The
provision
of
this
1
Act
enacting
section
124D.5,
subsection
2,
being
deemed
of
2
immediate
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
creates
a
medical
cannabidiol
Act
and
makes
7
penalties
applicable.
8
The
bill
establishes
new
Code
chapter
124D,
the
medical
9
cannabidiol
Act,
to
allow
for
the
medical
use
of
cannabidiol
10
for
alleviating
symptoms
caused
by
intractable
epilepsy.
11
The
bill
defines
“cannabidiol”
to
mean
a
nonpsychoactive
12
cannabinoid
found
in
the
plant
Cannabis
sativa
L.
or
Cannabis
13
indica
or
any
other
preparation
thereof
that
is
essentially
14
free
from
plant
material,
and
has
a
tetrahydrocannabinol
15
level
of
no
more
than
3
percent,
“intractable
epilepsy”
16
to
mean
an
epileptic
seizure
disorder
for
which
standard
17
medical
treatment
does
not
prevent
or
significantly
ameliorate
18
recurring,
uncontrolled
seizures
or
for
which
standard
medical
19
treatment
results
in
harmful
side
effects,
“neurologist”
to
20
mean
an
allopathic
or
osteopathic
physician
board-certified
21
in
neurology
in
good
standing
and
licensed
in
Iowa
or
an
22
allopathic
or
osteopathic
physician
board-certified
in
23
neurology
in
good
standing
and
licensed
in
any
other
state,
24
and
“primary
caregiver”
to
mean
a
person,
at
least
18
years
of
25
age,
who
has
been
designated
by
a
patient’s
neurologist
or
a
26
person
having
custody
of
a
patient,
as
being
necessary
to
take
27
responsibility
for
managing
the
well-being
of
the
patient
with
28
respect
to
the
medical
use
of
cannabidiol
pursuant
to
the
bill.
29
MEDICAL
USE
OF
CANNABIDIOL
——
WRITTEN
RECOMMENDATION.
The
30
bill
provides
that
a
neurologist
who
has
examined
and
treated
31
a
patient
suffering
from
intractable
epilepsy
may
provide
32
a
written
recommendation
for
the
patient’s
medical
use
of
33
cannabidiol
to
treat
or
alleviate
symptoms
of
intractable
34
epilepsy
if
no
other
satisfactory
alternative
treatment
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options
exist
for
the
patient
and
if
the
patient
is
a
permanent
1
resident
of
this
state,
the
neurologist
or
another
neurologist
2
has
treated
the
patient
for
intractable
epilepsy
for
at
least
3
six
months,
the
neurologist
has
tried
alternative
treatment
4
options
that
have
not
alleviated
the
patient’s
symptoms,
the
5
neurologist
determines
the
risks
of
recommending
the
medical
6
use
of
cannabidiol
are
reasonable
in
light
of
the
potential
7
benefit
for
the
patient,
and
the
neurologist
maintains
a
8
patient
treatment
plan.
9
CANNABIDIOL
REGISTRATION
CARD.
The
bill
provides
that
10
the
department
of
public
health
may
approve
the
issuance
11
of
a
cannabidiol
registration
card
by
the
department
of
12
transportation
to
a
patient
who
is
at
least
18
years
of
13
age
and
is
a
permanent
resident
of
this
state,
who
provides
14
the
department
with
a
written
recommendation
signed
by
a
15
neurologist
that
the
patient
may
benefit
from
the
medical
16
use
of
cannabidiol
pursuant
to
the
bill,
and
who
submits
an
17
application
to
the
department
with
certain
information.
The
18
department
may
also
approve
the
issuance
of
a
cannabidiol
19
registration
card
by
the
department
of
transportation
to
a
20
primary
caregiver
who
is
at
least
18
years
of
age,
provides
21
the
department
with
a
written
recommendation
signed
by
a
22
neurologist
that
a
patient
in
the
primary
caregiver’s
care
may
23
benefit
from
the
medical
use
of
cannabidiol
pursuant
to
the
24
bill,
and
submits
an
application
to
the
department
with
certain
25
information.
26
A
cannabidiol
registration
card
shall
expire
one
year
after
27
the
date
of
issuance
and
may
be
renewed.
28
RECIPROCITY.
The
bill
provides
that
a
cannabidiol
29
registration
card,
or
its
equivalent,
that
is
issued
under
30
the
laws
of
another
state,
district,
territory,
or
possession
31
of
the
United
States
that
allows
a
patient
to
possess
or
use
32
cannabidiol
for
only
intractable
epilepsy
in
the
jurisdiction
33
of
issuance
has
the
same
force
and
effect
when
held
by
the
34
patient
while
in
this
state
as
a
cannabidiol
registration
card
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issued
by
the
department
of
transportation.
1
CONFIDENTIALITY.
The
bill
requires
the
department
to
2
maintain
a
confidential
file
of
the
names
of
each
patient
to
3
or
for
whom
the
department
issues
a
cannabidiol
registration
4
card
and
the
name
of
each
primary
caregiver
who
is
issued
a
5
cannabidiol
registration
card.
Individual
names
contained
6
in
the
file
shall
be
confidential
and
shall
not
be
subject
7
to
disclosure,
except
that
information
in
the
confidential
8
file
may
be
released
to
authorized
employees
or
agents
of
the
9
department
and
the
department
of
transportation
as
necessary
10
to
perform
the
duties
of
the
department
or
the
department
of
11
transportation
pursuant
to
the
bill,
to
authorized
employees
12
of
state
or
local
law
enforcement
agencies
for
the
purpose
13
of
verifying
that
a
person
is
lawfully
in
possession
of
a
14
cannabidiol
registration
card.
Release
of
information
must
15
also
be
consistent
with
federal
Health
Insurance
Portability
16
and
Accountability
Act
regulations.
17
DEPARTMENT
RULES.
The
bill
provides
that
the
department,
18
in
consultation
with
the
department
of
transportation,
shall
19
adopt
emergency
rules
to
implement
the
provisions
of
the
bill,
20
subject
to
the
prior
approval
of
the
administrative
rules
21
coordinator
and
the
administrative
rules
review
committee,
to
22
be
effective
July
1,
2014,
unless
otherwise
provided,
and
shall
23
expire
six
months
after
the
effective
date.
The
rules
adopted
24
shall
include
but
not
be
limited
to
rules
to
establish
the
25
manner
in
which
the
department
shall
consider
applications
for
26
new
and
renewal
cannabidiol
registration
cards.
This
provision
27
takes
effect
upon
enactment.
28
MEDICAL
USE
OF
CANNABIDIOL
——
AFFIRMATIVE
DEFENSE.
The
29
bill
provides
that
a
recommendation
for
the
possession
or
use
30
of
cannabidiol
as
authorized
by
the
bill
shall
be
provided
31
exclusively
by
a
neurologist
for
a
patient
who
has
been
32
diagnosed
with
intractable
epilepsy.
Cannabidiol
provided
33
exclusively
pursuant
to
a
neurologist’s
recommendation
34
shall
be
obtained
from
an
out-of-state
source
and
shall
only
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be
recommended
for
oral
or
transdermal
administration.
A
1
neurologist
shall
be
the
sole
authorized
recommender
as
2
part
of
the
treatment
plan
by
the
neurologist
of
a
patient
3
diagnosed
with
intractable
epilepsy.
A
neurologist
has
the
4
sole
authority
to
recommend
the
use
or
amount
of
cannabidiol,
5
if
any,
in
the
patient’s
treatment
plan.
6
The
bill
provides
that
a
neurologist,
including
any
7
authorized
agent
thereof,
shall
not
be
subject
to
prosecution
8
for
the
unlawful
recommendation,
possession,
or
administration
9
of
marijuana
under
the
laws
of
this
state
for
activities
10
arising
directly
out
of
or
directly
related
to
the
11
recommendation
or
use
of
cannabidiol
in
the
treatment
of
a
12
patient
diagnosed
with
intractable
epilepsy.
13
In
a
prosecution
for
the
unlawful
possession
of
marijuana
14
under
the
laws
of
this
state,
it
is
an
affirmative
and
complete
15
defense
to
the
prosecution
that
the
patient
has
been
diagnosed
16
with
intractable
epilepsy,
used
or
possessed
cannabidiol
17
pursuant
to
a
recommendation
by
a
neurologist,
and
if
the
18
patient
is
18
years
of
age
or
older,
is
in
possession
of
a
valid
19
cannabidiol
registration
card.
20
In
a
prosecution
for
the
unlawful
possession
of
marijuana
21
under
the
laws
of
this
state,
it
is
an
affirmative
and
22
complete
defense
to
the
prosecution
that
the
person
possessed
23
cannabidiol
because
the
person
is
the
primary
caregiver
of
24
a
patient
who
has
been
diagnosed
with
intractable
epilepsy
25
and
who
has
a
recommendation
for
the
possession
and
use
26
of
cannabidiol
as
recommended
by
a
neurologist
and
is
in
27
possession
of
a
valid
cannabidiol
registration
card
and
where
28
the
primary
caregiver’s
possession
of
the
cannabidiol
is
on
29
behalf
of
the
patient
and
for
the
patient’s
use
only.
30
An
agency
of
this
state
or
a
political
subdivision
thereof,
31
including
any
law
enforcement
agency,
shall
not
remove
or
32
initiate
proceedings
to
remove
a
patient
from
the
home
of
a
33
parent
based
solely
upon
the
parent’s
or
patient’s
possession
34
or
use
of
cannabidiol.
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The
bill
amends
Code
section
124.401,
relating
to
prohibited
1
acts
involving
controlled
substances,
to
provide
that
it
is
2
lawful
for
a
person
to
knowingly
or
intentionally
recommend,
3
possess,
use,
distribute,
dispense,
deliver,
transport,
4
or
administer
marijuana
if
the
recommendation,
possession,
5
use,
distribution,
dispensing,
delivery,
transporting,
or
6
administering
is
in
accordance
with
the
provisions
of
the
bill.
7
The
bill
provides
that
a
person
who
knowingly
or
8
intentionally
possesses
or
uses
cannabidiol
in
violation
of
9
the
bill
is
subject
to
the
penalties
of
Code
chapters
124
10
(controlled
substances
Act)
and
453B
(excise
tax
on
unlawful
11
dealing
in
certain
substances).
12
The
new
Code
chapter
created
by
the
bill
is
repealed
July
1,
13
2017.
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