Senate File 2360 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON WAYS AND
                                  MEANS

                              (SUCCESSOR TO SSB
                                  3222)
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                                   A BILL FOR
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                                       Senate File 2360

                             AN ACT
 CREATING THE MEDICAL CANNABIDIOL ACT AND PROVIDING PENALTIES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 124.401, subsection 5, Code 2014, is
 amended by adding the following new unnumbered paragraph after
 unnumbered paragraph 2:
 NEW UNNUMBERED PARAGRAPH  A person may knowingly or
 intentionally recommend, possess, use, dispense, deliver,
 transport, or administer cannabidiol if the recommendation,
 possession, use, dispensing, delivery, transporting, or
 administering is in accordance with the provisions of chapter
 124D.  For purposes of this paragraph, "cannabidiol" means the
 same as defined in section 124D.2.
    Sec. 2.  NEW SECTION.  124D.1  Short title.
    This chapter shall be known and may be cited as the "Medical
 Cannabidiol Act".
    Sec. 3.  NEW SECTION.  124D.2  Definitions.
    As used in this chapter:
    1.  "Cannabidiol" means a nonpsychoactive cannabinoid found
 in the plant Cannabis sativa L. or Cannabis indica or any
 other preparation thereof that is essentially free from plant
 material, and has a tetrahydrocannabinol level of no more than
 three percent.
    2.  "Department" means the department of public health.
    3.  "Intractable epilepsy" means an epileptic seizure
 disorder for which standard medical treatment does not prevent
 or significantly ameliorate recurring, uncontrolled seizures or
 for which standard medical treatment results in harmful side
 effects.
    4.  "Neurologist" means an allopathic or osteopathic
 physician board=certified in neurology in good standing and
 licensed under chapter 148.
    5.  "Primary caregiver" means a person, at least eighteen
 years of age, who has been designated by a patient's
 neurologist or a person having custody of a patient, as being
 necessary to take responsibility for managing the well=being
 of the patient with respect to the medical use of cannabidiol
 pursuant to the provisions of this chapter.
    Sec. 4.  NEW SECTION.  124D.3  Neurologist recommendation ====
 medical use of cannabidiol.
    A neurologist who has examined and treated a patient
 suffering from intractable epilepsy may provide but has no
 duty to provide a written recommendation  for the patient's
 medical use of cannabidiol to treat or alleviate symptoms of
 intractable epilepsy if no other satisfactory alternative
 treatment options exist for the patient and all of the
 following conditions apply:
    1.  The patient is a permanent resident of this state.
    2.  A neurologist has treated the patient for intractable
 epilepsy for at least six months. For purposes of this
 treatment period, and notwithstanding section 124D.2,
 subsection 4, treatment provided by a neurologist may include
 treatment by an out=of=state licensed neurologist in good
 standing.
    3.  The neurologist has tried alternative treatment options
 that have not alleviated the patient's symptoms.
    4.  The neurologist determines the risks of recommending
 the medical use of cannabidiol are reasonable in light of the
 potential benefit for the patient.
    5.  The neurologist maintains a patient treatment plan.
    Sec. 5.  NEW SECTION.  124D.4  Cannabidiol registration card.
    1.  Issuance to patient.  The department may approve the
 issuance of a cannabidiol registration card by the department
 of transportation to a patient who:
    a.  Is at least eighteen years of age.
    b.  Is a permanent resident of this state.
    c.  Requests the patient's neurologist to submit a written
 recommendation to the department signed by the neurologist that
 the patient may benefit from the medical use of cannabidiol
 pursuant to section 124D.3.
    d.  Submits an application to the department, on a form
 created by the department, in consultation with the department
 of transportation, that contains all of the following:
    (1)  The patient's full name, Iowa residence address, date
 of birth, and telephone number.
    (2)  A copy of the patient's valid photo identification.
    (3)  Full name, address, and telephone number of the
 patient's neurologist.
    (4)  Full name, residence address, date of birth, and
 telephone number of each primary caregiver of the patient, if
 any.
    (5)  Any other information required by rule.
    2.  Patient card contents.  A cannabidiol registration
 card issued to a patient by the department of transportation
 pursuant to subsection 1 shall contain, at a minimum, all of
 the following:
    a.  The patient's full name, Iowa residence address, and date
 of birth.
    b.  The patient's photo.
    c.  The date of issuance and expiration date of the
 registration card.
    d.  Any other information required by rule.
    3.  Issuance to primary caregiver.  For a patient in a
 primary caregiver's care, the department may approve the
 issuance of a cannabidiol registration card by the department
 of transportation to the primary caregiver who:
    a.  Is at least eighteen years of age.
    b.  Requests a patient's neurologist to submit a written
 recommendation to the department signed by the neurologist that
 a patient in the primary caregiver's care may benefit from the
 medical use of cannabidiol pursuant to section 124D.3.
    c.  Submits an application to the department, on a form
 created by the department, in consultation with the department
 of transportation, that contains all of the following:
    (1)  The primary caregiver's full name, residence address,
 date of birth, and telephone number.
    (2)  The patient's full name.
    (3)  A copy of the primary caregiver's valid photo
 identification.
    (4)  Full name, address, and telephone number of the
 patient's neurologist.
    (5)  Any other information required by rule.
    4.  Primary caregiver card contents.  A cannabidiol
 registration card issued by the department of transportation to
 a primary caregiver pursuant to subsection 3 shall contain, at
 a minimum, all of the following:
    a.  The primary caregiver's full name, residence address, and
 date of birth.
    b.  The primary caregiver's photo.
    c.  The date of issuance and expiration date of the
 registration card.
    d.  The full name of each patient in the primary caregiver's
 care.
    e.  Any other information required by rule.
    5.  Expiration date of card.  A cannabidiol registration card
 issued pursuant to this section shall expire one year after the
 date of issuance and may be renewed.
    6.  Card issuance ==== department of transportation.  The
 department may enter into a chapter 28E agreement with the
 department of transportation to facilitate the issuance of a
 cannabidiol registration card pursuant to subsections 1 and 3.
    Sec. 6.  NEW SECTION.  124D.5  Department duties ==== rules.
    1.  a.  The department shall maintain a confidential file
 of the names of each patient to or for whom the department
 issues a cannabidiol registration card and the name of each
 primary caregiver to whom the department issues a cannabidiol
 registration card under section 124D.4.
    b.  Individual names contained in the file shall be
 confidential and shall not be subject to disclosure, except as
 provided in subparagraph (1).
    (1)  Information in the confidential file maintained
 pursuant to paragraph "a" may be released to the following
 persons under the following circumstances:
    (a)  To authorized employees or agents of the department and
 the department of transportation as necessary to perform the
 duties of the department and the department of transportation
 pursuant to this chapter.
    (b)  To authorized employees of state or local law
 enforcement agencies, but only for the purpose of verifying
 that a person is lawfully in possession of a cannabidiol
 registration card issued pursuant to this chapter.
    (2)  Release of information pursuant to subparagraph
 (1) shall be consistent with the federal Health Insurance
 Portability and Accountability Act of 1996, Pub. L. No.
 104=191.
    2.  The department, in consultation with the department of
 transportation, shall adopt rules to administer this chapter
 which shall include but not be limited to rules to establish
 the manner in which the department shall consider applications
 for new and renewal cannabidiol registration cards.
    Sec. 7.  NEW SECTION.  124D.6  Medical use of cannabidiol ====
 affirmative defense.
    1.  a.  A recommendation for the possession or use of
 cannabidiol as authorized by this chapter shall be provided
 exclusively by a neurologist for a patient who has been
 diagnosed with intractable epilepsy.
    b.  Cannabidiol provided exclusively pursuant to the
 recommendation of a neurologist shall be obtained from an
 out=of=state source and shall only be recommended for oral or
 transdermal administration.
    c.  A neurologist shall be the sole authorized recommender
 as part of the treatment plan by the neurologist of a patient
 diagnosed with intractable epilepsy.  A neurologist shall
 have the sole authority to recommend the use or amount of
 cannabidiol, if any, in the treatment plan of a patient
 diagnosed with intractable epilepsy.
    2.  A neurologist, including any authorized agent thereof,
 shall not be subject to prosecution for the unlawful
 recommendation, possession, or administration of marijuana
 under the laws of this state for activities arising directly
 out of or directly related to the recommendation or use of
 cannabidiol in the treatment of a patient diagnosed with
 intractable epilepsy.
    3.  a.  In a prosecution for the unlawful possession of
 marijuana under the laws of this state, including but not
 limited to chapters 124 and 453B, it is an affirmative and
 complete defense to the prosecution that the patient has
 been diagnosed with intractable epilepsy, used or possessed
 cannabidiol  pursuant to a recommendation by a neurologist as
 authorized under this chapter, and, for a patient eighteen
 years of age or older, is in possession of a valid cannabidiol
 registration card.
    b.  In a prosecution for the unlawful possession of
 marijuana under the laws of this state, including but not
 limited to chapters 124 and 453B, it is an affirmative and
 complete defense to the prosecution that the person possessed
 cannabidiol because the person is a primary caregiver of a
 patient who has been diagnosed with intractable epilepsy and
 is in possession of a valid cannabidiol registration card, and
 where the primary caregiver's possession of the cannabidiol
 is on behalf of the patient and for the patient's use only as
 authorized under this chapter.
    c.  (1)  The defenses afforded a patient under paragraph
 "a" apply to a patient only if the quantity of cannabidiol oil
 possessed by the patient does not exceed thirty=two ounces.
    (2)  The defenses afforded a primary caregiver under
 paragraph "b" apply to a primary caregiver only if the quantity
 of cannabidiol oil possessed by the primary caregiver does not
 exceed thirty=two ounces per patient.
    d.  If a patient or primary caregiver is charged with
 the commission of a crime and is not in possession of the
 person's cannabidiol registration card, any charge or charges
 filed against the person shall be dismissed by the court if
 the person produces to the court at the person's trial a
 cannabidiol registration card issued to that person and valid
 at the time the person was charged.
    4.  An agency of this state or a political subdivision
 thereof, including any law enforcement agency, shall not
 remove or initiate proceedings to remove a patient under the
 age of eighteen from the home of a parent based solely upon
 the parent's or patient's possession or use of cannabidiol as
 authorized under this chapter.
    Sec. 8.  NEW SECTION.  124D.7  Penalties.
    A person who knowingly or intentionally possesses or uses
 cannabidiol in violation of the requirements of this chapter is
 subject to the penalties provided under chapters 124 and 453B.
    Sec. 9.  NEW SECTION.  124D.8  Repeal.
    This chapter is repealed July 1, 2017.
    Sec. 10.  REPORTS.  The university of Iowa carver college of
 medicine and college of pharmacy shall, on or before July 1 of
 each year, beginning July 1, 2015, submit a report detailing
 the scientific literature, studies, and clinical trials
 regarding the use of cannabidiol on patients diagnosed with
 intractable epilepsy to the department of public health and the
 general assembly.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               KRAIG PAULSEN
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 2360, Eighty=fifth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2014


                                                             
                               TERRY E. BRANSTAD
                               Governor

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