Senate File 79 - Introduced SENATE FILE 79 BY BOLKCOM , DOTZLER , HATCH , and COURTNEY A BILL FOR An Act relating to marijuana, including the creation of a 1 medical marijuana Act, and providing for civil and criminal 2 penalties and fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1157XS (5) 85 rh/nh
S.F. 79 Section 1. Section 124.204, subsection 4, paragraph m, Code 1 2013, is amended by striking the paragraph. 2 Sec. 2. Section 124.204, subsection 4, paragraph u, 3 unnumbered paragraph 1, Code 2013, is amended to read as 4 follows: 5 Tetrahydrocannabinols, except as otherwise provided 6 by rules of the board for medicinal purposes, meaning 7 tetrahydrocannabinols naturally contained in a plant of 8 the genus Cannabis (Cannabis plant) as well as synthetic 9 equivalents of the substances contained in the Cannabis plant, 10 or in the resinous extractives of such plant, and synthetic 11 substances, derivatives, and their isomers with similar 12 chemical structure and pharmacological activity to those 13 substances contained in the plant, such as the following: 14 Sec. 3. Section 124.204, subsection 7, Code 2013, is amended 15 by striking the subsection. 16 Sec. 4. Section 124.206, subsection 7, paragraph a, Code 17 2013, is amended to read as follows: 18 a. Marijuana when used for medicinal purposes pursuant to 19 rules of the board . 20 Sec. 5. Section 124.401, subsection 5, Code 2013, is amended 21 by adding the following new unnumbered paragraph: 22 NEW UNNUMBERED PARAGRAPH . A person may knowingly or 23 intentionally possess marijuana if the possession is in 24 accordance with the provisions of chapter 124D. 25 Sec. 6. NEW SECTION . 124D.1 Citation. 26 This chapter shall be known and may be cited as the “Medical 27 Marijuana Act” . 28 Sec. 7. NEW SECTION . 124D.2 Definitions. 29 As used in this chapter, the following definitions shall 30 apply: 31 1. “Cardholder” means a qualifying patient, a primary 32 caregiver, or a principal officer, board member, employee, 33 or agent of a nonprofit dispensary who has been issued and 34 possesses a valid registry identification card. 35 -1- LSB 1157XS (5) 85 rh/nh 1/ 25
S.F. 79 2. “Debilitating medical condition” means any of the 1 following: 2 a. Cancer, glaucoma, positive status for human 3 immunodeficiency virus, acquired immune deficiency syndrome, 4 hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, 5 agitation of Alzheimer’s disease, nail patella, or the 6 treatment of any of these conditions. 7 b. A chronic or debilitating disease or medical condition 8 or its treatment that produces intractable pain, which is pain 9 that has not responded to ordinary medical or surgical measures 10 for more than six months. 11 c. A chronic or debilitating disease or medical condition or 12 its treatment that produces any of the following: 13 (1) Cachexia or wasting syndrome. 14 (2) Severe nausea. 15 (3) Seizures, including but not limited to those 16 characteristic of epilepsy. 17 (4) Severe and persistent muscle spasms, including but not 18 limited to those characteristic of multiple sclerosis. 19 d. Any other medical condition or its treatment approved by 20 the department. 21 3. “Department” means the department of public health. 22 4. “Enclosed, locked facility” means a closet, room, 23 greenhouse, or other enclosed area equipped with locks or other 24 security devices that permit access only by a cardholder. 25 5. “Felony drug offense” means a violation of a state or 26 federal controlled substance law that was classified as a 27 felony in the jurisdiction where the person was convicted. 28 “Felony drug offense” does not include any of the following: 29 a. An offense for which the sentence, including any term of 30 probation, incarceration, or supervised release, was completed 31 ten or more years earlier. 32 b. An offense that involved conduct that would have been 33 permitted under this chapter. 34 6. “Marijuana” means the same as defined in section 124.101, 35 -2- LSB 1157XS (5) 85 rh/nh 2/ 25
S.F. 79 subsection 19. 1 7. “Medical use” means the acquisition, possession, 2 cultivation, manufacture, use, delivery, transfer, or 3 transportation of marijuana or paraphernalia relating to the 4 administration of marijuana to treat or alleviate a registered 5 qualifying patient’s debilitating medical condition or symptoms 6 associated with the patient’s debilitating medical condition. 7 8. “Nonprofit dispensary” means a not-for-profit entity 8 registered under section 124D.4 that acquires, possesses, 9 cultivates, manufactures, delivers, transfers, transports, 10 sells, supplies, or dispenses marijuana or related supplies and 11 educational materials to cardholders. A nonprofit dispensary 12 is a primary caregiver. 13 9. “Physician” means an individual licensed under the 14 provisions of chapter 148 to practice medicine and surgery or 15 osteopathic medicine and surgery. 16 10. “Primary caregiver” means a person twenty-one years 17 of age or older who has agreed to assist with a qualifying 18 patient’s medical use of marijuana and who has never been 19 convicted of a felony drug offense, and includes a nonprofit 20 dispensary. Unless the primary caregiver is a nonprofit 21 dispensary, the primary caregiver shall not assist more than 22 five qualifying patients with their medical use of marijuana. 23 11. “Qualifying patient” means a person who has been 24 diagnosed by a physician with a debilitating medical condition. 25 12. “Registered nonprofit dispensary” means a nonprofit 26 dispensary registered by the department pursuant to section 27 124D.4. 28 13. “Registry identification card” means a document issued 29 by the department that identifies a person as a registered 30 qualifying patient, registered primary caregiver, or a 31 principal officer, board member, employee, or agent of a 32 nonprofit dispensary. 33 14. “Unusable marijuana” means marijuana seeds, stalks, 34 seedlings, and unusable roots. “Seedling” means a marijuana 35 -3- LSB 1157XS (5) 85 rh/nh 3/ 25
S.F. 79 plant without flowers which is less than twelve inches in 1 height and less than twelve inches in diameter. 2 15. “Usable marijuana” means the dried leaves and flowers of 3 the marijuana plant, and any mixture or preparation thereof, 4 but does not include the seeds, stalks, and roots of the 5 plant and does not include the weight of other ingredients in 6 marijuana prepared for consumption as food. 7 16. “Visiting qualifying patient” means a patient with a 8 debilitating medical condition who is not a resident of this 9 state or who has been a resident of this state for less than 10 thirty days. 11 17. “Written certification” means a document signed by 12 a physician, stating that in the physician’s professional 13 opinion the patient is likely to receive therapeutic or 14 palliative benefit from the medical use of marijuana to treat 15 or alleviate the patient’s debilitating medical condition or 16 symptoms associated with the debilitating medical condition. 17 A written certification shall be made only in the course of a 18 bona fide physician-patient relationship after the physician 19 has completed a full assessment of the qualifying patient’s 20 medical history. The written certification shall specify the 21 qualifying patient’s debilitating medical condition. 22 Sec. 8. NEW SECTION . 124D.3 Medical use of marijuana. 23 1. A qualifying patient who has been issued and possesses a 24 registry identification card shall not be subject to arrest, 25 prosecution, or penalty in any manner, or denied any right 26 or privilege, including but not limited to a civil penalty 27 or disciplinary action by a business or occupational or 28 professional licensing board or bureau, for the medical use 29 of marijuana in accordance with this chapter, provided the 30 marijuana possessed by the qualifying patient: 31 a. Is not more than two and one-half ounces of usable 32 marijuana. 33 b. If the qualifying patient has not designated a primary 34 caregiver to cultivate marijuana for the qualifying patient, 35 -4- LSB 1157XS (5) 85 rh/nh 4/ 25
S.F. 79 does not exceed six marijuana plants, which must be kept in 1 an enclosed, locked facility unless the plants are being 2 transported because the qualifying patient is moving or the 3 plants are being transported to the qualifying patient’s 4 property. 5 2. A primary caregiver other than a nonprofit dispensary who 6 has been issued and possesses a registry identification card 7 shall not be subject to arrest, prosecution, or penalty in any 8 manner, or denied any right or privilege, including but not 9 limited to a civil penalty or disciplinary action by a business 10 or occupational or professional licensing board or bureau, for 11 assisting a qualifying patient to whom the primary caregiver is 12 connected through the department’s registration process with 13 the medical use of marijuana in accordance with this chapter, 14 provided that the marijuana possessed by the primary caregiver: 15 a. Is not more than two and one-half ounces of usable 16 marijuana for each qualifying patient to whom the primary 17 caregiver is connected through the department’s registration 18 process. 19 b. For each qualifying patient who has designated the 20 primary caregiver to cultivate marijuana for the qualifying 21 patient, does not exceed six marijuana plants, which must be 22 kept in an enclosed, locked facility unless the plants are 23 being transported because the primary caregiver is moving. 24 3. Any incidental amount of seeds, stalks, and unusable 25 roots shall be allowed and shall not be included in the amounts 26 specified in subsections 1 and 2. 27 4. a. There shall be a presumption that a qualifying 28 patient or primary caregiver is engaged in the medical use of 29 marijuana pursuant to this chapter if the qualifying patient or 30 primary caregiver does both of the following: 31 (1) Possesses a registry identification card. 32 (2) Possesses an amount of marijuana that does not exceed 33 the amount allowed under this chapter. 34 b. The presumption may be rebutted by evidence that 35 -5- LSB 1157XS (5) 85 rh/nh 5/ 25
S.F. 79 conduct related to marijuana use or possession was not for the 1 purpose of treating or alleviating the qualifying patient’s 2 debilitating medical condition or symptoms associated with 3 the debilitating medical condition, in accordance with this 4 chapter. 5 5. A cardholder shall not be subject to arrest, prosecution, 6 or penalty in any manner, or denied any right or privilege, 7 including but not limited to civil penalty or disciplinary 8 action by a business or occupational or professional licensing 9 board or bureau, for giving an amount of marijuana the person 10 is allowed to possess under subsection 1 or 2 to a cardholder 11 for a registered qualifying patient’s medical use where nothing 12 of value is transferred in return, or to offer to do the same. 13 6. A school, employer, or landlord shall not refuse to 14 enroll, employ, or lease to, or otherwise penalize, a person 15 solely on the basis of the person’s status as a registered 16 qualifying patient or a registered primary caregiver, unless 17 failing to do so would put the school, employer, or landlord 18 in violation of federal law or cause the school, employer, or 19 landlord to lose a federal contract or funding. 20 7. A person shall not be denied custody or visitation of 21 a minor for acting in accordance with this chapter, unless 22 the person’s behavior is such that it creates an unreasonable 23 danger to the minor that can be clearly articulated and 24 substantiated. 25 8. A registered primary caregiver may receive compensation 26 for costs associated with assisting a registered qualifying 27 patient’s medical use of marijuana, provided that the 28 registered primary caregiver is connected to the registered 29 qualifying patient through the department’s registration 30 process. Any such compensation shall not constitute the sale 31 of controlled substances. 32 9. A physician shall not be subject to arrest, prosecution, 33 or penalty in any manner, or denied any right or privilege, 34 including but not limited to a civil penalty or disciplinary 35 -6- LSB 1157XS (5) 85 rh/nh 6/ 25
S.F. 79 action by the board of medicine or by any other business or 1 occupational or professional licensing board or bureau, solely 2 for providing written certifications or for otherwise stating 3 that, in the physician’s professional opinion, a patient is 4 likely to receive therapeutic benefit from the medical use of 5 marijuana to treat or alleviate the patient’s debilitating 6 medical condition or symptoms associated with the debilitating 7 medical condition, provided that nothing shall prevent a 8 professional licensing board from sanctioning a physician for 9 failing to properly evaluate a patient’s medical condition or 10 otherwise violating the standard of care for evaluating medical 11 conditions. 12 10. A person shall not be subject to arrest, prosecution, 13 or penalty in any manner, or denied any right or privilege, 14 including but not limited to a civil penalty or disciplinary 15 action by a business or occupational or professional licensing 16 board or bureau, for providing a registered qualifying patient 17 or a registered primary caregiver with marijuana paraphernalia 18 for purposes of a qualifying patient’s medical use of 19 marijuana. 20 11. Any marijuana, marijuana paraphernalia, licit property, 21 or interest in licit property that is possessed, owned, or used 22 in connection with the medical use of marijuana, as allowed 23 under this chapter, or property incidental to such use, shall 24 not be seized or forfeited. 25 12. A person shall not be subject to arrest, prosecution, 26 or penalty in any manner, or denied any right or privilege, 27 including but not limited to a civil penalty or disciplinary 28 action by a business or occupational or professional licensing 29 board or bureau, simply for being in the presence or vicinity 30 of the medical use of marijuana as allowed under this chapter, 31 or for assisting a registered qualifying patient with using or 32 administering marijuana. 33 13. A registry identification card, or its equivalent, that 34 is issued under the laws of another state, district, territory, 35 -7- LSB 1157XS (5) 85 rh/nh 7/ 25
S.F. 79 commonwealth, or insular possession of the United States that 1 allows the medical use of marijuana by a visiting qualifying 2 patient, shall have the same force and effect as a registry 3 identification card issued by the department for purposes of 4 this chapter. 5 Sec. 9. NEW SECTION . 124D.4 Nonprofit dispensaries. 6 1. The department shall register and issue a registration 7 certificate to a nonprofit dispensary within thirty days of 8 receiving an application for registration of a nonprofit 9 dispensary if the prospective nonprofit dispensary provided all 10 of the following, in accordance with the department’s rules: 11 a. An application fee of five thousand dollars. 12 b. The legal name of the nonprofit dispensary. 13 c. The physical address of the nonprofit dispensary and 14 the physical address of one additional location, if any, where 15 marijuana will be cultivated. 16 d. The name, address, and date of birth of each principal 17 officer and board member of the nonprofit dispensary. 18 e. The name, address, and date of birth of any person who is 19 an agent of or employed by the nonprofit dispensary. 20 2. The department shall track the number of registered 21 qualifying patients who designate a nonprofit dispensary as 22 a primary caregiver and issue to each nonprofit dispensary 23 a written statement of the number of qualifying patients 24 who have designated the nonprofit dispensary to cultivate 25 marijuana for them. This statement shall be updated each time 26 a registered qualifying patient newly designates the nonprofit 27 dispensary or ceases to designate the nonprofit dispensary and 28 may be transmitted electronically if the department’s rules so 29 provide. The department may provide by rule that the updated 30 written statements may not be issued more frequently than once 31 each week. 32 3. Except as provided in subsection 4, the department shall 33 issue each principal officer, board member, agent, or employee 34 of a nonprofit dispensary a registry identification card within 35 -8- LSB 1157XS (5) 85 rh/nh 8/ 25
S.F. 79 ten days of receipt of the person’s name, address, date of 1 birth, and a fee in an amount established by the department. 2 Each registry identification card shall specify that the 3 cardholder is a principal officer, board member, agent, or 4 employee of a nonprofit dispensary and shall contain all of the 5 following information: 6 a. The name, address, and date of birth of the principal 7 officer, board member, agent, or employee. 8 b. The legal name of the nonprofit dispensary with which 9 the principal officer, board member, agent, or employee is 10 affiliated. 11 c. A random identification number that is unique to the 12 cardholder. 13 d. The date of issuance and expiration date of the registry 14 identification card. 15 e. A photograph, if the department requires inclusion of a 16 photograph by rule. 17 4. The department shall not issue a registry identification 18 card to any principal officer, board member, agent, or employee 19 of a nonprofit dispensary who has been convicted of a felony 20 drug offense. The department may conduct a background check 21 of each principal officer, board member, agent, or employee 22 in order to carry out this subsection. The department shall 23 notify the nonprofit dispensary in writing of the reason for 24 denying the registry identification card. 25 5. a. A nonprofit dispensary registration certificate and 26 the registry identification card for each principal officer, 27 board member, agent, or employee shall expire one year after 28 the date of issuance. The department shall issue a renewal 29 nonprofit dispensary registration certificate or renewal 30 registry identification card within ten days to any person who 31 complies with the requirements in subsection 3. 32 b. A registry identification card of a principal officer, 33 board member, agent, or employee shall expire ten days after 34 notification by a nonprofit dispensary that such person ceases 35 -9- LSB 1157XS (5) 85 rh/nh 9/ 25
S.F. 79 to work at the nonprofit dispensary. 1 6. A nonprofit dispensary is subject to reasonable 2 inspection by the department. The department shall give 3 reasonable notice of an inspection. 4 7. a. A nonprofit dispensary shall be operated on a 5 not-for-profit basis for the mutual benefit of its members 6 and patrons. The bylaws of a nonprofit dispensary and its 7 contracts with patrons shall contain such provisions relative 8 to the disposition of revenues and receipts as may be necessary 9 and appropriate to establish and maintain its not-for-profit 10 status. However, a nonprofit dispensary need not be recognized 11 as tax-exempt by the federal internal revenue service and is 12 not required to incorporate pursuant to chapter 504. 13 b. A nonprofit dispensary shall notify the department within 14 ten days of when a principal officer, board member, agent, or 15 employee ceases to work at the nonprofit dispensary. 16 c. A nonprofit dispensary shall notify the department in 17 writing of the name, address, and date of birth of any new 18 principal officer, board member, agent, or employee and shall 19 submit a fee in an amount established by the department for 20 a new registry identification card before the new principal 21 officer, board member, agent, or employee begins working at the 22 nonprofit dispensary. 23 d. A nonprofit dispensary shall implement appropriate 24 security measures to deter and prevent unauthorized entrance 25 into areas containing marijuana and the theft of marijuana. 26 e. The operating documents of a nonprofit dispensary 27 shall include procedures for the oversight of the nonprofit 28 dispensary and procedures to ensure accurate recordkeeping. 29 f. A nonprofit dispensary is prohibited from acquiring, 30 possessing, cultivating, manufacturing, delivering, 31 transferring, transporting, supplying, or dispensing marijuana 32 for any purpose except to assist registered qualifying patients 33 with the medical use of marijuana directly or through the 34 qualifying patients’ other primary caregivers. 35 -10- LSB 1157XS (5) 85 rh/nh 10/ 25
S.F. 79 g. All principal officers and board members of a nonprofit 1 dispensary shall be residents of the state of Iowa. 2 h. All cultivation of marijuana shall take place in an 3 enclosed, locked facility. 4 i. A nonprofit dispensary shall not be located within 5 five hundred feet of the property line of a public or private 6 school. 7 8. A nonprofit dispensary or a principal officer, board 8 member, agent, or employee of a nonprofit dispensary shall not 9 dispense more than two and one-half ounces of usable marijuana 10 to a qualifying patient or to a primary caregiver on behalf of 11 a qualifying patient during a fifteen-day period. 12 9. a. A nonprofit dispensary shall not be subject to 13 prosecution, search, seizure, or penalty, or be denied any 14 right or privilege, including but not limited to a civil 15 penalty or disciplinary action by a business, occupational, or 16 licensing board or entity, solely for acting in accordance with 17 this chapter to provide usable marijuana or to otherwise assist 18 registered qualifying patients connected with the nonprofit 19 dispensary with the medical use of marijuana. 20 b. A principal officer, board member, agent, or employee 21 of a registered nonprofit dispensary shall not be subject 22 to arrest, prosecution, search, seizure, or penalty in any 23 manner or denied any right or privilege, including but not 24 limited to a civil penalty or disciplinary action by a court or 25 occupational or professional licensing board or entity, solely 26 for acting in accordance with this chapter and department rules 27 to acquire, possess, cultivate, manufacture, deliver, transfer, 28 transport, supply, or dispense marijuana or related supplies 29 and educational materials to registered qualifying patients, 30 to registered primary caregivers on behalf of registered 31 qualifying patients, or to other nonprofit dispensaries. 32 10. a. A nonprofit dispensary shall not possess more 33 than six live marijuana plants for each registered qualifying 34 patient who has designated the nonprofit dispensary as a 35 -11- LSB 1157XS (5) 85 rh/nh 11/ 25
S.F. 79 primary caregiver and has designated that the nonprofit 1 dispensary will be permitted to cultivate marijuana for the 2 registered qualifying patient’s medical use. 3 b. A principal officer, board member, employee, or agent 4 of a nonprofit dispensary shall not dispense, deliver, 5 or otherwise transfer marijuana to a person other than a 6 qualifying patient who has designated the nonprofit dispensary 7 as a primary caregiver. 8 c. The department shall immediately revoke the registry 9 identification card of a principal officer, board member, 10 employee, or agent of a nonprofit dispensary who is found to 11 be in violation of paragraph “b” , and such a person shall be 12 disqualified from serving as a principal officer, board member, 13 agent, or employee of a nonprofit dispensary. 14 d. Except as otherwise provided, a person who has been 15 convicted of an offense that was classified as a felony in 16 the jurisdiction where the person was convicted shall not be 17 eligible to be a principal officer, board member, agent, or 18 employee of a nonprofit dispensary. 19 (1) A person who is a principal officer, board member, 20 agent, or employee of a nonprofit dispensary in violation of 21 this lettered paragraph “d” is subject to a civil penalty of up 22 to one thousand dollars. 23 (2) A person who is a principal officer, board member, 24 agent, or employee of a nonprofit dispensary in violation 25 of this lettered paragraph “d” and who, at the time of the 26 violation, has been previously found to have been in violation 27 of this lettered paragraph “d” commits a class “D” felony. 28 e. A nonprofit dispensary shall not acquire usable marijuana 29 or mature marijuana plants except through the cultivation of 30 marijuana by that nonprofit dispensary. 31 Sec. 10. NEW SECTION . 124D.5 Departmental rules. 32 1. Not later than one hundred twenty days after the 33 effective date of this Act, the department shall adopt rules to 34 carry out the purposes of this chapter. 35 -12- LSB 1157XS (5) 85 rh/nh 12/ 25
S.F. 79 2. Not later than one hundred twenty days after the 1 effective date of this Act, the department shall adopt 2 rules that govern the manner in which the department shall 3 consider petitions from the public to add medical conditions 4 or treatments to the list of debilitating medical conditions 5 set forth in section 124D.2, subsection 2. In considering 6 such petitions, the department shall include public notice 7 of, and an opportunity to comment in, a public hearing upon 8 such petitions. The department shall, after hearing, approve 9 or deny such petitions within one hundred eighty days of 10 their submission. The approval or denial of such a petition 11 constitutes final agency action, subject to judicial review. 12 3. Not later than one hundred twenty days after the 13 effective date of this Act, the department shall adopt rules 14 governing the manner in which it considers applications for and 15 renewals of registry identification cards. The department’s 16 rules must establish application and renewal fees that generate 17 revenues sufficient to offset all expenses of implementing 18 and administering this chapter. The department may establish 19 a sliding scale of application and renewal fees based upon 20 a qualifying patient’s income. The department may accept 21 donations from private sources to reduce application and 22 renewal fees. 23 Sec. 11. NEW SECTION . 124D.6 Registry identification cards 24 —— application —— fee —— penalty. 25 1. The department shall issue a registry identification 26 card to a qualifying patient who submits an application 27 containing all of the following: 28 a. A written certification. 29 b. An application or renewal fee. 30 c. The name, address, and date of birth of the qualifying 31 patient except that if the applicant is homeless, no address 32 is required. 33 d. The name, address, and telephone number of the qualifying 34 patient’s physician. 35 -13- LSB 1157XS (5) 85 rh/nh 13/ 25
S.F. 79 e. The name, address, and date of birth of each primary 1 caregiver, if any, of the qualifying patient. A qualifying 2 patient may designate only one primary caregiver unless 3 the qualifying patient is under eighteen years of age and 4 requires a parent to serve as a primary caregiver or the 5 qualifying patient designates a nonprofit dispensary to 6 cultivate marijuana for the qualifying patient’s medical use 7 and the qualifying patient requests the assistance of a second 8 caregiver to assist with the qualifying patient’s medical use. 9 f. If the qualifying patient designates one or more primary 10 caregivers, a designation as to who will be allowed under state 11 law to cultivate marijuana plants for the qualifying patient’s 12 medical use. Only one person may be allowed to cultivate 13 marijuana plants for a qualifying patient. 14 2. The department shall not issue a registry identification 15 card to a qualifying patient who is under the age of eighteen 16 unless all of the following requirements are met: 17 a. The qualifying patient’s physician has explained the 18 potential risks and benefits of the medical use of marijuana 19 to the qualifying patient and to a parent, guardian, or legal 20 custodian of the qualifying patient. 21 b. The parent, guardian, or person having legal custody 22 consents in writing to all of the following: 23 (1) Allowing the qualifying patient’s medical use of 24 marijuana. 25 (2) Serving as the qualifying patient’s primary caregiver. 26 (3) Controlling the acquisition of the marijuana, the 27 dosage, and the frequency of the medical use of marijuana by 28 the qualifying patient. 29 3. The department shall verify the information contained 30 in an application or renewal application submitted pursuant 31 to this section, and shall approve or deny an application 32 or renewal application within thirty days of receiving the 33 application or renewal application. The department may deny 34 an application or a renewal application only if the applicant 35 -14- LSB 1157XS (5) 85 rh/nh 14/ 25
S.F. 79 fails to provide the information required pursuant to this 1 section, or the department determines that the information 2 provided was falsified. Rejection of an application or a 3 renewal application is considered a final agency action subject 4 to judicial review pursuant to chapter 17A. 5 4. The department shall issue a registry identification 6 card to the primary caregiver, if any, who is named in 7 a qualifying patient’s approved application or renewal 8 application, up to a maximum of one primary caregiver per 9 qualifying patient, provided the primary caregiver meets the 10 requirements of section 124D.2, subsection 10. 11 5. The department shall issue a registry identification 12 card to a qualifying patient and to the primary caregiver 13 within five days of approving an application or a renewal 14 application, which shall expire one year after the date of 15 issuance. A registry identification card shall contain all of 16 the following: 17 a. The name, address, and date of birth of the qualifying 18 patient. 19 b. The name, address, and date of birth of the primary 20 caregiver, if any, of the qualifying patient. 21 c. The date of issuance and expiration date of the registry 22 identification card. 23 d. A random identification number. 24 e. A photograph, if the department requires a photograph. 25 f. A clear designation indicating whether the cardholder 26 shall be allowed under law to cultivate marijuana plants for 27 the qualifying patient’s medical use, to be determined based 28 upon the qualifying patient’s preference. 29 6. a. A registered qualifying patient shall notify the 30 department of any change in the registered qualifying patient’s 31 name, address, or primary caregiver, preference regarding who 32 may cultivate marijuana for the registered qualifying patient, 33 or if the registered qualifying patient ceases to have a 34 debilitating medical condition, within ten days of such change. 35 -15- LSB 1157XS (5) 85 rh/nh 15/ 25
S.F. 79 b. A registered qualifying patient who fails to notify the 1 department of any of the changes in paragraph “a” is subject 2 to a civil penalty of up to one hundred fifty dollars. If 3 the registered qualifying patient’s certifying physician 4 notifies the department in writing that the registered 5 qualifying patient no longer suffers from a debilitating 6 medical condition, the registered qualifying patient’s registry 7 identification card shall become void upon notification by the 8 department to the qualifying patient. 9 c. A registered primary caregiver shall notify the 10 department of any change in the registered primary caregiver’s 11 name or address within ten days of such change. A registered 12 primary caregiver who fails to notify the department of such 13 change is subject to a civil penalty of up to one hundred fifty 14 dollars. 15 d. When a registered qualifying patient or registered 16 primary caregiver notifies the department of any changes 17 listed in this subsection and submits a fee of ten dollars, 18 the department shall issue the cardholder a new registry 19 identification card within ten days of receiving the updated 20 information. 21 e. When a registered qualifying patient changes the 22 registered qualifying patient’s registered primary caregiver, 23 the department shall notify the primary caregiver within 24 ten days. The registered primary caregiver’s protections 25 as provided in this chapter shall expire ten days after 26 notification by the department. 27 f. If a cardholder loses the cardholder’s registry 28 identification card, the cardholder shall notify the department 29 and submit a fee of ten dollars within ten days of losing the 30 card. Within five days after such notification, the department 31 shall issue a new registry identification card with a new 32 random identification number to the cardholder. 33 7. Possession of, or application for, a registry 34 identification card shall not constitute probable cause or 35 -16- LSB 1157XS (5) 85 rh/nh 16/ 25
S.F. 79 reasonable suspicion and shall not be used to support the 1 search of the person or property of the person possessing or 2 applying for the registry identification card. The possession 3 of or application for a registry identification card does not 4 prevent the issuance of a warrant if probable cause exists on 5 other grounds. 6 8. The following confidentiality rules shall apply: 7 a. Applications and supporting information submitted by 8 a qualifying patient, including information regarding the 9 qualifying patient’s primary caregiver and physician, are 10 confidential. 11 b. Applications and supporting information submitted by a 12 primary caregiver operating in compliance with this chapter, 13 including the physical address of a nonprofit dispensary, are 14 confidential. 15 c. The department shall maintain a confidential list 16 of the persons to whom the department has issued registry 17 identification cards. Individual names and other identifying 18 information on the list shall be confidential and not subject 19 to disclosure, except to authorized employees of the department 20 as necessary to perform official duties of the department. 21 d. The department shall verify to law enforcement personnel 22 whether a registry identification card is valid without 23 disclosing more information than is reasonably necessary to 24 verify the authenticity of the registry identification card. 25 e. (1) A person, including an employee or official of the 26 department or another state agency or local government, who 27 breaches the confidentiality of information obtained pursuant 28 to this chapter commits a serious misdemeanor punishable by 29 imprisonment of up to one hundred days and a fine of up to one 30 thousand dollars. 31 (2) Notwithstanding this lettered paragraph “e” , department 32 employees may notify law enforcement about falsified or 33 fraudulent information submitted to the department, if the 34 employee who suspects that falsified or fraudulent information 35 -17- LSB 1157XS (5) 85 rh/nh 17/ 25
S.F. 79 has been submitted confers with the employee’s supervisor 1 and the employee and the employee’s supervisor agree that 2 circumstances exist that warrant reporting. 3 9. A cardholder who sells marijuana to a person who is not 4 allowed to possess marijuana for medical purposes under this 5 chapter shall have the cardholder’s registry identification 6 card revoked and is subject to any other penalties for the 7 sale of marijuana. The department shall revoke the registry 8 identification card of any cardholder who violates this chapter 9 and the cardholder is subject to any other penalties for the 10 violation. 11 10. The department shall submit an annual report to 12 the general assembly by January 15 of each year that does 13 not disclose any identifying information about cardholders 14 or physicians, but does contain, at a minimum, all of the 15 following information: 16 a. The number of applications and renewal applications 17 submitted for registry identification cards. 18 b. The number of registered qualifying patients and 19 registered primary caregivers in each county. 20 c. The nature of the debilitating medical conditions of the 21 qualifying patients. 22 d. The number of registry identification cards revoked. 23 e. The number of physicians providing written certifications 24 for qualifying patients. 25 f. The number of registered nonprofit dispensaries. 26 g. The number of principal officers, board members, 27 employees, and agents of nonprofit dispensaries. 28 11. The application for a qualifying patient’s registry 29 identification card shall include a question on whether the 30 patient would like the department to notify the patient about 31 any clinical studies regarding marijuana’s risks or efficacy 32 that seek human subjects. 33 Sec. 12. NEW SECTION . 124D.7 Scope of chapter. 34 1. This chapter does not permit any person to do any of the 35 -18- LSB 1157XS (5) 85 rh/nh 18/ 25
S.F. 79 following: 1 a. Undertake any task under the influence of marijuana, 2 when doing so would constitute negligence or professional 3 malpractice. 4 b. Possess marijuana, or otherwise engage in the medical use 5 of marijuana, in any of the following places: 6 (1) In a school bus. 7 (2) On the grounds of any preschool or primary or secondary 8 school. 9 (3) In any correctional facility. 10 c. Smoke marijuana in any of the following: 11 (1) Any form of public transportation. 12 (2) Any public place. 13 d. Operate, navigate, or be in actual physical control 14 of any motor vehicle, aircraft, or motorboat while under the 15 influence of marijuana. 16 e. Use marijuana if that person does not have a debilitating 17 medical condition. 18 2. Nothing in this chapter shall be construed to require any 19 of the following: 20 a. A government medical assistance program or private health 21 insurer to reimburse a person for costs associated with the 22 medical use of marijuana. 23 b. An employer to accommodate the ingestion of marijuana in 24 any workplace or any employee working while under the influence 25 of marijuana. 26 3. Fraudulent representation to a law enforcement official 27 of any fact or circumstance relating to the medical use 28 of marijuana to avoid arrest or prosecution is a simple 29 misdemeanor, punishable by a fine of five hundred dollars, 30 in addition to any other penalties that may apply for making 31 a false statement or for the use of marijuana other than use 32 undertaken pursuant to this chapter. 33 Sec. 13. NEW SECTION . 124D.8 Affirmative defenses —— 34 dismissal. 35 -19- LSB 1157XS (5) 85 rh/nh 19/ 25
S.F. 79 1. Except as provided in section 124D.7, a qualifying 1 patient and a qualifying patient’s primary caregiver, other 2 than a nonprofit dispensary, may assert the medical purpose for 3 using marijuana as a defense to any prosecution of an offense 4 involving marijuana intended for the patient’s medical use, and 5 this defense shall be presumed valid where the evidence shows 6 all of the following: 7 a. A physician has stated that, in the physician’s 8 professional opinion, after having completed a full assessment 9 of the patient’s medical history and current medical 10 condition made in the course of a bona fide physician-patient 11 relationship, the qualifying patient is likely to receive 12 therapeutic or palliative benefit from the medical use of 13 marijuana to treat or alleviate the qualifying patient’s 14 debilitating medical condition or symptoms associated with the 15 qualifying patient’s debilitating medical condition. 16 b. The qualifying patient and the qualifying patient’s 17 primary caregiver, if any, were collectively in possession of 18 a quantity of marijuana that was not more than was reasonably 19 necessary to ensure the uninterrupted availability of marijuana 20 for the purpose of treating or alleviating the qualifying 21 patient’s debilitating medical condition or symptoms associated 22 with the qualifying patient’s debilitating medical condition. 23 c. The qualifying patient and the qualifying patient’s 24 primary caregiver were engaged in the acquisition, possession, 25 cultivation, manufacture, use, delivery, transfer, or 26 transportation of marijuana or paraphernalia relating to the 27 administration of marijuana solely to treat or alleviate the 28 qualifying patient’s debilitating medical condition or symptoms 29 associated with the qualifying patient’s debilitating medical 30 condition. 31 2. A person may assert the medical purpose for using 32 marijuana in a motion to dismiss and the charges shall be 33 dismissed following an evidentiary hearing where the person 34 shows all of the elements listed in subsection 1. 35 -20- LSB 1157XS (5) 85 rh/nh 20/ 25
S.F. 79 3. If a qualifying patient or a patient’s primary caregiver 1 demonstrates the qualifying patient’s medical purpose for using 2 marijuana pursuant to this section, the qualifying patient and 3 the patient’s primary caregiver shall not be subject to any of 4 the following for the qualifying patient’s use of marijuana for 5 medical purposes: 6 a. Disciplinary action by a business or occupational or 7 professional licensing board or bureau. 8 b. Forfeiture of any interest in or right to nonmarijuana, 9 licit property. 10 Sec. 14. NEW SECTION . 124D.9 Enforcement. 11 1. If the department fails to adopt rules to implement the 12 requirements of this chapter within one hundred twenty days 13 of the effective date of this Act, a qualifying patient may 14 commence an action in district court to compel the department 15 to perform the department’s duties pursuant to this chapter. 16 2. If the department fails to issue a valid registry 17 identification card or a registration certificate in response 18 to a valid application or renewal application submitted 19 pursuant to this chapter within forty-five days of its 20 submission, the registry identification card or registration 21 certificate is deemed granted, and a copy of the registry 22 identification card application or renewal application is 23 deemed a valid registry identification card. 24 3. If at any time after January 1, 2014, the department 25 is not accepting applications pursuant to this chapter, 26 including if it has not promulgated rules allowing qualifying 27 patients to submit applications, a notarized statement by a 28 qualifying patient containing the information required in 29 an application, pursuant to section 124D.6, together with 30 a written certification, shall be deemed a valid registry 31 identification card. 32 Sec. 15. Section 453B.6, Code 2013, is amended by adding the 33 following new unnumbered paragraph: 34 NEW UNNUMBERED PARAGRAPH . A person who is in possession 35 -21- LSB 1157XS (5) 85 rh/nh 21/ 25
S.F. 79 of marijuana for medical purposes in accordance with chapter 1 124D is in lawful possession of a taxable substance and is not 2 subject to the requirements of this chapter. 3 EXPLANATION 4 This bill relates to marijuana, including the creation of 5 a medical marijuana Act, and provides for civil and criminal 6 penalties and fees. 7 MARIJUANA CLASSIFICATION. The bill reclassifies marijuana 8 as a schedule II controlled substance instead of a schedule I 9 controlled substance and strikes references to the authority of 10 the board of pharmacy to adopt rules for the use of marijuana 11 or tetrahydrocannabinols for medicinal purposes. A schedule I 12 controlled substance is a highly addictive substance that has 13 no accepted medical use in the United States and a schedule 14 II controlled substance is a highly addictive substance 15 that has an accepted medical use in the United States. The 16 reclassification of marijuana from a schedule I controlled 17 substance to a schedule II controlled substance allows a 18 physician to issue a prescription for marijuana. 19 It is a class “C” felony pursuant to Code section 124.401, 20 subsection 1, paragraph “c”, subparagraph (8), for any 21 unauthorized person to violate a provision of Code section 22 124.401 involving a classified substance placed on schedule 23 I, II, or III pursuant to the bill. The penalties remain 24 unchanged for marijuana under the bill. The penalties under 25 Code section 124.401 range from a class “B” felony punishable 26 by up to 50 years of confinement to a serious misdemeanor 27 punishable by up to six months of confinement depending on the 28 amount of marijuana involved in the offense. 29 MEDICAL MARIJUANA ACT. The bill establishes new Code 30 chapter 124D, the medical marijuana Act, relating to the 31 possession and use of marijuana for therapeutic purposes, 32 provides for the creation of nonprofit dispensaries, and 33 provides for civil and criminal penalties and fees. 34 The bill provides that a qualifying patient who has been 35 -22- LSB 1157XS (5) 85 rh/nh 22/ 25
S.F. 79 issued and possesses a registry identification card shall not 1 be subject to arrest, prosecution, or civil penalty, or denied 2 any right or privilege, for the qualifying patient’s medical 3 use of marijuana pursuant to the provisions of the bill. 4 The bill defines a qualifying patient as a person who has 5 been diagnosed by a physician with a debilitating medical 6 condition defined as cancer, glaucoma, positive status for 7 human immunodeficiency virus, acquired immune deficiency 8 syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s 9 disease, agitation of Alzheimer’s disease, nail patella, 10 a chronic or debilitating disease or medical condition or 11 its treatment that produces intractable pain, a chronic or 12 debilitating medical condition that produces one or more of 13 the following: cachexia or wasting syndrome, severe nausea, 14 certain seizures, or certain muscle spasms, or any other 15 medical condition or its treatment approved by the department 16 of public health (department). A primary caregiver is defined 17 as a person, 21 or older, who has agreed to assist with a 18 qualifying patient’s medical use of marijuana who has never 19 been convicted of a felony drug offense. A primary caregiver 20 also includes a nonprofit dispensary. A physician is defined 21 as a physician or surgeon or osteopathic physician or surgeon 22 licensed under Code chapter 148. 23 The bill provides for the creation of nonprofit 24 dispensaries. The bill defines a nonprofit dispensary as 25 a not-for-profit organization registered by the department 26 that acquires, possesses, cultivates, manufactures, delivers, 27 transfers, transports, sells, supplies, or dispenses marijuana 28 or related supplies and educational materials to qualifying 29 patients and primary caregivers who possess a valid registry 30 identification card. The bill provides specific guidelines for 31 regulation of nonprofit dispensaries and principal officers, 32 board members, employees, or agents of a nonprofit dispensary 33 by the department. A person who has been convicted of a felony 34 offense shall not be eligible to be a principal officer, board 35 -23- LSB 1157XS (5) 85 rh/nh 23/ 25
S.F. 79 member, agent, or employee of a nonprofit dispensary, unless 1 otherwise permitted by the department. A first violation 2 of this provision is punishable by a civil penalty of up to 3 $1,000. A subsequent violation is a class “D” felony. 4 The bill provides that the department shall adopt rules 5 for implementing the bill including rules relating to the 6 consideration of petitions from the public to add additional 7 debilitating medical conditions to the list of debilitating 8 medical conditions specified in the bill, rules relating 9 to applications and renewal applications for registry 10 identification cards issued to qualifying patients and primary 11 caregivers, and rules relating to registration certificates for 12 nonprofit dispensaries. The department shall establish fees 13 which shall meet certain requirements. 14 The bill provides that the department shall issue a 15 registry identification card to a qualifying patient who 16 submits certain specified information to the department. The 17 department shall not issue a registry identification card to 18 a qualifying patient who is under the age of 18 unless the 19 qualifying patient’s physician has explained the potential 20 risks and benefits of the medical use of marijuana to the 21 qualifying patient and to the qualifying patient’s parent, 22 guardian, or legal representative and such persons provide 23 the appropriate consent. The department shall also issue a 24 registry identification card to each primary caregiver named 25 in a qualifying patient’s approved application for a registry 26 identification card, up to a maximum of one primary caregiver 27 per qualifying patient. The bill places restrictions on the 28 amount of marijuana that may be possessed by a qualifying 29 patient or a primary caregiver and on the persons authorized 30 to cultivate marijuana for a qualifying patient. The bill 31 requires the department to submit an annual report to the 32 general assembly by January 15 of each year concerning 33 information related to registry identification cards. 34 The bill provides that a registered qualifying patient or 35 -24- LSB 1157XS (5) 85 rh/nh 24/ 25
S.F. 79 a registered primary caregiver who loses their registration 1 identification card or who makes changes to certain information 2 relevant to their registration identification card shall 3 notify the department. A registered qualifying patient or a 4 registered primary caregiver who fails to notify the department 5 of any changes in information relevant to the registration 6 identification card is subject to a civil penalty of up to 7 $150. 8 The bill provides that applications and supporting 9 information submitted by a qualifying patient, primary 10 caregiver, physician, nonprofit dispensary, or board member, 11 employee, or agent of a nonprofit dispensary, are confidential. 12 The bill also provides that a person, including an employee or 13 official of the department or another state or local agency, 14 who disseminates information received in connection with an 15 application for a registry identification card pursuant to the 16 bill, is guilty of a serious misdemeanor and is subject to 17 confinement in jail for up to 100 days and a fine of $1,000. 18 The bill prohibits the possession and use of medical 19 marijuana in certain places and during certain activities. 20 The bill provides that any fraudulent representation to a law 21 enforcement official relating to the use of medical marijuana 22 is a simple misdemeanor, punishable by a fine of up to $500. 23 The bill amends Code section 124.401, relating to prohibited 24 acts involving controlled substances, to provide that it is 25 lawful for a person to knowingly or intentionally possess 26 marijuana if the possession is in accordance with the 27 provisions of the bill. The bill also amends Code section 28 453B.6, relating to tax stamps for controlled substances, to 29 specify that possession in accordance with the provisions of 30 the bill is lawful possession and a tax stamp is not required. 31 -25- LSB 1157XS (5) 85 rh/nh 25/ 25