Iowa House File 2179 - Introduced

[Jim Finnel]

House File 2179 - Introduced




HOUSE FILE
BY MASCHER

A BILL FOR

1 An Act relating to the creation of a medical marijuana Act
2 including the creation of compassion centers, and providing
3 for civil and criminal penalties and fees.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5955YH (2) 83
rh/nh

PAG LIN



1 1 Section 1. Section 124.401, subsection 5, Code Supplement
1 2 2009, is amended by adding the following new unnumbered
1 3 paragraph:
1 4 NEW UNNUMBERED PARAGRAPH A person may knowingly or
1 5 intentionally possess marijuana if the possession is in
1 6 accordance with the provisions of chapter 124D.
1 7 Sec. 2. NEW SECTION. 124D.1 Citation.
1 8 This chapter shall be known and may be cited as the "Medical
1 9 Marijuana Act".
1 10 Sec. 3. NEW SECTION. 124D.2 Definitions.
1 11 As used in this chapter, the following definitions shall
1 12 apply:
1 13 1. "Cardholder" means a qualifying patient, a designated
1 14 caregiver, or a compassion center staff person who has been
1 15 issued and possesses a valid registry identification card.
1 16 2. "Compassion center staff person" means a principal
1 17 officer, board member, employee, volunteer, or agent of a
1 18 registered compassion center.
1 19 3. "Debilitating medical condition" means any of the
1 20 following:
1 21 a. Cancer, glaucoma, positive status for human
1 22 immunodeficiency virus, acquired immune deficiency syndrome,
1 23 hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,
1 24 agitation of Alzheimer's disease, nail patella, or the
1 25 treatment of any of these conditions.
1 26 b. A chronic or debilitating disease or medical condition or
1 27 its treatment that produces any of the following:
1 28 (1) Cachexia or wasting syndrome.
1 29 (2) Severe pain.
1 30 (3) Severe nausea.
1 31 (4) Seizures, including but not limited to those
1 32 characteristic of epilepsy.
1 33 (5) Severe and persistent muscle spasms, including but not
1 34 limited to those characteristic of multiple sclerosis.
1 35 c. Any other medical condition or its treatment approved by
2 1 the department.
2 2 4. "Department" means the department of public health.
2 3 5. "Designated caregiver" means a person twenty=one years
2 4 of age or older who has agreed to assist with a patient's
2 5 medical use of marijuana, and who has never been convicted of a
2 6 felony drug offense. A designated caregiver shall not assist
2 7 more than five qualifying patients with their medical use of
2 8 marijuana.
2 9 6. "Enclosed, locked facility" means a closet, room,
2 10 greenhouse, or other enclosed area equipped with locks or other
2 11 security devices that permit access only by a cardholder.
2 12 7. "Felony drug offense" means a violation of a state or
2 13 federal controlled substance law that was classified as a
2 14 felony in the jurisdiction where the person was convicted.
2 15 "Felony drug offense" does not include any of the following:
2 16 a. An offense for which the sentence, including any term of
2 17 probation, incarceration, or supervised release, was completed
2 18 ten or more years earlier.
2 19 b. An offense that involved conduct that would have been
2 20 permitted under this chapter.
2 21 8. "Marijuana" means the same as defined in section 124.101,
2 22 subsection 19.
2 23 9. "Medical use" means the acquisition, possession,
2 24 cultivation, manufacture, use, delivery, sale, transfer, or
2 25 transportation of marijuana or paraphernalia relating to the
2 26 administration of marijuana to treat or alleviate a registered
2 27 qualifying patient's debilitating medical condition or symptoms
2 28 associated with the patient's debilitating medical condition.
2 29 10. "Possession" means the possession, acquisition,
2 30 manufacture, use, delivery, transfer, transportation, or
2 31 administration of marijuana by a qualifying patient or
2 32 designated caregiver possessing a valid registry identification
2 33 card, for certified medical use; provided that the marijuana
2 34 that may be possessed by a qualifying patient and such
2 35 qualifying patient's designated caregiver does not, in total,
3 1 exceed twelve plants and a total aggregate weight of two and
3 2 one=half ounces of usable marijuana.
3 3 11. "Practitioner" means a physician, dentist, podiatric
3 4 physician, or other person licensed or registered to distribute
3 5 or dispense a prescription drug or device in the course of
3 6 professional practice in Iowa or a person licensed by another
3 7 state in a health field in which, under Iowa law, licensees in
3 8 this state may legally prescribe drugs. "Practitioner" does not
3 9 include a veterinarian.
3 10 12. "Qualifying patient" means a person who has been
3 11 diagnosed by a practitioner with a debilitating medical
3 12 condition.
3 13 13. "Registered compassion center" means a not=for=profit
3 14 organization registered pursuant to section 124D.4 that
3 15 acquires, possesses, cultivates, manufactures, delivers,
3 16 transfers, transports, supplies, or dispenses marijuana or
3 17 related supplies and educational materials to cardholders. A
3 18 registered compassion center may receive compensation for all
3 19 expenses incurred in its operation.
3 20 14. "Registry identification card" means a document issued
3 21 by the department that identifies a person as a registered
3 22 qualifying patient, registered designated caregiver, or a
3 23 registered compassion center staff person.
3 24 15. "Unusable marijuana" means marijuana seeds, stalks,
3 25 seedlings, and unusable roots. "Seedling" means a marijuana
3 26 plant without flowers which is less than twelve inches in
3 27 height and less than twelve inches in diameter.
3 28 16. "Usable marijuana" means the dried leaves and flowers of
3 29 the marijuana plant, and any mixture or preparation thereof,
3 30 but does not include the seeds, stalks, and roots of the plant
3 31 and does not include the weight of any nonmarijuana ingredients
3 32 combined with marijuana and prepared for consumption as food or
3 33 drink.
3 34 17. "Verification system" means a secure,
3 35 password=protected, internet=based system established by the
4 1 department pursuant to section 124D.6, that is accessible
4 2 twenty=four hours per day that law enforcement personnel and
4 3 compassion center staff persons may use to verify registry
4 4 identification cards established and maintained by the
4 5 department pursuant to section 124D.4.
4 6 18. "Visiting qualifying patient" means a qualifying patient
4 7 who is not a resident of this state or who has been a resident
4 8 of this state for less than thirty days.
4 9 19. "Written certification" means a document signed by a
4 10 practitioner, stating that in the practitioner's professional
4 11 opinion the patient is likely to receive therapeutic or
4 12 palliative benefit from the medical use of marijuana to treat
4 13 or alleviate the patient's debilitating medical condition or
4 14 symptoms associated with the debilitating medical condition.
4 15 A written certification shall be made only in the course
4 16 of a bona fide practitioner=patient relationship after the
4 17 practitioner has completed a full assessment of the qualifying
4 18 patient's medical history. The written certification
4 19 shall specify the qualifying patient's debilitating medical
4 20 condition.
4 21 Sec. 4. NEW SECTION. 124D.3 Medical use of marijuana.
4 22 1. A qualifying patient who has been issued and possesses a
4 23 registry identification card shall not be subject to arrest,
4 24 prosecution, or penalty in any manner, or denied any right
4 25 or privilege, including but not limited to a civil penalty
4 26 or disciplinary action by a business or occupational or
4 27 professional licensing board or bureau, for the medical use
4 28 of marijuana in accordance with this chapter, provided the
4 29 marijuana possessed by the qualifying patient does not exceed
4 30 the amount described in section 124D.2, subsection 10. The
4 31 marijuana plants shall be kept in an enclosed, locked facility,
4 32 unless the plants are being transported because the qualifying
4 33 patient is moving or if the plants are being transported to the
4 34 qualifying patient's property.
4 35 2. A designated caregiver who has been issued and possesses
5 1 a registry identification card shall not be subject to
5 2 arrest, prosecution, or penalty in any manner, or denied any
5 3 right or privilege, including but not limited to a civil
5 4 penalty or disciplinary action by a business or occupational
5 5 or professional licensing board or bureau, for assisting
5 6 a qualifying patient to whom the designated caregiver is
5 7 connected through the department's registration process with
5 8 the medical use of marijuana in accordance with this chapter,
5 9 provided that the marijuana possessed by the designated
5 10 caregiver does not exceed the amount described in section
5 11 124D.2, subsection 10, for each qualifying patient to whom the
5 12 designated caregiver is connected through the department's
5 13 registration process. The marijuana plants shall be kept in
5 14 an enclosed, locked facility, unless the plants are being
5 15 transported because the designated caregiver or qualifying
5 16 patient is moving or if the plants are being transported to
5 17 a designated caregiver's or a qualifying patient's property.
5 18 Registered designated caregivers and registered qualifying
5 19 patients are allowed to possess a reasonable amount of unusable
5 20 marijuana, including up to twelve seedlings, which shall not be
5 21 counted toward the limits in this section.
5 22 3. a. There shall be a presumption that a qualifying
5 23 patient or designated caregiver is engaged in the medical use
5 24 of marijuana pursuant to this chapter if the qualifying patient
5 25 or designated caregiver does both of the following:
5 26 (1) Possesses a registry identification card.
5 27 (2) Possesses an amount of marijuana that does not exceed
5 28 the amount allowed pursuant to section 124D.2, subsection 10.
5 29 b. The presumption may be rebutted by evidence that
5 30 conduct related to marijuana use or possession was not for the
5 31 purpose of treating or alleviating the qualifying patient's
5 32 debilitating medical condition or symptoms associated with
5 33 the debilitating medical condition, in accordance with this
5 34 chapter.
5 35 4. A registered qualifying patient or registered designated
6 1 caregiver shall not be subject to arrest, prosecution, or
6 2 penalty in any manner, or denied any right or privilege,
6 3 including but not limited to civil penalty or disciplinary
6 4 action by a business or occupational or professional licensing
6 5 board or bureau, for giving marijuana to a registered
6 6 qualifying patient or a registered designated caregiver for the
6 7 registered qualifying patient's medical use where nothing of
6 8 value is transferred in return, or to offer to do the same,
6 9 provided that the registered qualifying patient or registered
6 10 designated caregiver does not knowingly cause the recipient to
6 11 possess more marijuana than is permitted in section 124D.2,
6 12 subsection 10.
6 13 5. A school, employer, or landlord shall not refuse to
6 14 enroll, employ, or lease to, or otherwise penalize, a person
6 15 solely on the basis of the person's status as a registered
6 16 qualifying patient or a registered designated caregiver, unless
6 17 failing to do so would put the school, employer, or landlord
6 18 in violation of federal law or cause the school, employer, or
6 19 landlord to lose a federal contract or funding.
6 20 6. For the purposes of medical care, including organ
6 21 transplants, a registered qualifying patient's authorized
6 22 use of marijuana in accordance with this chapter shall be
6 23 considered the equivalent of the authorized use of any other
6 24 medication used at the direction of a physician, and shall not
6 25 constitute the use of an illicit substance.
6 26 7. Unless a failure to do so would put an employer in
6 27 violation of federal law or federal regulations, an employer
6 28 may not discriminate against a person in hiring, termination,
6 29 or any term or condition of employment, or otherwise penalize
6 30 a person, if the discrimination is based upon any of the
6 31 following:
6 32 a. The person's status as a registered qualifying patient or
6 33 registered designated caregiver.
6 34 b. A registered qualifying patient's positive drug test for
6 35 marijuana components or metabolites, unless the patient used,
7 1 possessed, or was impaired by marijuana on the premises of the
7 2 place of employment or during the hours of employment.
7 3 8. A person shall not be denied custody or visitation of
7 4 a minor for acting in accordance with this chapter, unless
7 5 the person's behavior is such that it creates an unreasonable
7 6 danger to the safety of the minor as established by clear and
7 7 convincing evidence.
7 8 9. A registered designated caregiver may receive
7 9 compensation for costs associated with assisting a registered
7 10 qualifying patient's medical use of marijuana, provided
7 11 that the registered designated caregiver is connected to
7 12 the registered qualifying patient through the department's
7 13 registration process. Any such compensation shall not
7 14 constitute the sale of controlled substances.
7 15 10. A practitioner shall not be subject to arrest,
7 16 prosecution, or penalty in any manner, or denied any right or
7 17 privilege, including but not limited to a civil penalty or
7 18 disciplinary action by the board of medicine or by any other
7 19 business or occupational or professional licensing board or
7 20 bureau, solely for providing written certifications or for
7 21 otherwise stating that, in the practitioner's professional
7 22 opinion, a patient is likely to receive therapeutic benefit
7 23 from the medical use of marijuana to treat or alleviate the
7 24 patient's debilitating medical condition or symptoms associated
7 25 with the debilitating medical condition, provided that nothing
7 26 shall prevent a professional licensing board from sanctioning
7 27 a practitioner for failing to properly evaluate a patient's
7 28 medical condition or otherwise violating the standard of care
7 29 for evaluating medical conditions.
7 30 11. A person shall not be subject to arrest, prosecution,
7 31 or penalty in any manner, or denied any right or privilege,
7 32 including but not limited to a civil penalty or disciplinary
7 33 action by a business or occupational or professional licensing
7 34 board or bureau, for providing a registered qualifying
7 35 patient or a registered designated caregiver with marijuana
8 1 paraphernalia for purposes of a qualifying patient's medical
8 2 use of marijuana.
8 3 12. Any marijuana, marijuana paraphernalia, licit property,
8 4 or interest in licit property that is possessed, owned, or used
8 5 in connection with the medical use of marijuana, as allowed
8 6 under this chapter, or acts incidental to such use, shall not
8 7 be seized or forfeited.
8 8 13. A person shall not be subject to arrest, prosecution,
8 9 or penalty in any manner, or denied any right or privilege,
8 10 including but not limited to a civil penalty or disciplinary
8 11 action by a business or occupational or professional licensing
8 12 board or bureau, simply for being in the presence or vicinity
8 13 of the medical use of marijuana as allowed under this chapter,
8 14 or for assisting a registered qualifying patient with using or
8 15 administering marijuana.
8 16 14. A registry identification card, or its equivalent, that
8 17 is issued under the laws of another state, district, territory,
8 18 commonwealth, or insular possession of the United States that
8 19 allows the medical use of marijuana by a visiting qualifying
8 20 patient, shall have the same force and effect as a registry
8 21 identification card issued by the department for purposes of
8 22 this chapter.
8 23 Sec. 5. NEW SECTION. 124D.4 Compassion centers.
8 24 1. The department shall register and issue a registration
8 25 certificate to the compassion center, with a random
8 26 twenty=digit alphanumeric identification number, within
8 27 ninety days of receiving an application for registration of a
8 28 compassion center if all of the following conditions are met:
8 29 a. The prospective compassion center provided all of the
8 30 following, in accordance with the department's rules:
8 31 (1) An application or renewal fee.
8 32 (2) The legal name of the compassion center.
8 33 (3) The physical address of the compassion center and the
8 34 physical address of one additional location, if any, where
8 35 marijuana will be cultivated, neither of which may be within
9 1 five hundred feet of a preexisting public or private school.
9 2 (4) The name, address, and date of birth of each compassion
9 3 center staff person.
9 4 (5) Operating regulations that include procedures for
9 5 oversight of the compassion center and procedures to ensure
9 6 accurate recordkeeping and security measures, in accordance
9 7 with rules adopted by the department pursuant to section
9 8 124D.5.
9 9 (6) If the city or county in which the compassion center
9 10 is to be located has enacted reasonable zoning ordinances, a
9 11 sworn and truthful statement that the compassion center is in
9 12 compliance with those ordinances.
9 13 b. The compassion center staff persons have not been
9 14 convicted of an offense that was classified as a felony in the
9 15 jurisdiction where the person was convicted, unless the offense
9 16 consisted of conduct for which this chapter would likely
9 17 have prevented a conviction, but the conduct either occurred
9 18 prior to the enactment of this chapter or was prosecuted by an
9 19 authority other than in this state.
9 20 c. None of the prospective principal officers or board
9 21 members of the compassion center have served as a principal
9 22 officer or board member for a compassion center that had its
9 23 registration certificate revoked.
9 24 d. None of the principal officers or board members of the
9 25 compassion center are younger than twenty=one years of age.
9 26 2. Except as provided in subsection 3, the department
9 27 shall issue each compassion center staff person a registry
9 28 identification card and log=in information for the verification
9 29 system within ten days of receipt of the person's name,
9 30 address, date of birth, and a fee in an amount established
9 31 by the department. Each registry identification card shall
9 32 specify that the cardholder is a compassion center staff person
9 33 of a registered compassion center and shall contain all of the
9 34 following information:
9 35 a. The name, address, and date of birth of the compassion
10 1 center staff person.
10 2 b. The legal name of the registered compassion center with
10 3 which the compassion center staff person is affiliated.
10 4 c. A random twenty=digit alphanumeric identification number
10 5 that is unique to the cardholder.
10 6 d. The date of issuance and expiration date of the registry
10 7 identification card.
10 8 e. A photograph, if the department requires inclusion of a
10 9 photograph by rule.
10 10 f. A statement signed by the prospective compassion center
10 11 staff person pledging not to divert marijuana to anyone who is
10 12 not allowed to possess marijuana pursuant to this chapter.
10 13 3. a. The department shall not issue a registry
10 14 identification card to a compassion center staff person who
10 15 has been convicted of an offense that was classified as a
10 16 felony in the jurisdiction where the person was convicted,
10 17 unless the offense consisted of conduct for which this chapter
10 18 would likely have prevented a conviction, but the conduct
10 19 either occurred prior to the enactment of this chapter or was
10 20 prosecuted by an authority other than in this state. The
10 21 department may conduct a background check of each compassion
10 22 center staff person in order to carry out this paragraph. The
10 23 department shall notify the registered compassion center in
10 24 writing of the reason for denying the registry identification
10 25 card.
10 26 b. The department shall not issue a registry identification
10 27 card to a compassion center staff person who is under the age
10 28 of twenty=one.
10 29 c. The department may refuse to issue a registry
10 30 identification card to a compassion center staff person who has
10 31 had a card revoked for violating this chapter.
10 32 4. a. A registered compassion center's registration
10 33 certificate and the registry identification card for each
10 34 compassion center staff person shall expire one year after
10 35 the date of issuance. The department shall issue a renewal
11 1 compassion center registration certificate within ten days
11 2 to any registered compassion center that submits a renewal
11 3 fee, provided that the compassion center's registration is
11 4 not suspended and has not been revoked. The department shall
11 5 issue a renewal registry identification card within ten days to
11 6 any compassion center staff person who submits a renewal fee,
11 7 except as otherwise provided.
11 8 b. A registry identification card of a compassion center
11 9 staff person shall expire and the person's log=in information
11 10 to the verification system shall be deactivated upon
11 11 notification by a registered compassion center that such person
11 12 ceases to work at the registered compassion center.
11 13 5. Registered compassion centers are subject to reasonable
11 14 inspection by the department. The department shall give at
11 15 least twenty=four hours' notice of an inspection.
11 16 6. a. A registered compassion center shall be operated on a
11 17 not=for=profit basis for the mutual benefit of its members and
11 18 patrons. The bylaws of a registered compassion center or its
11 19 contracts with patrons shall contain such provisions relative
11 20 to the disposition of revenues and receipts as may be necessary
11 21 and appropriate to establish and maintain its not=for=profit
11 22 status. However, a registered compassion center need not be
11 23 recognized as tax=exempt by the Internal Revenue Service and is
11 24 not required to incorporate pursuant to chapter 504.
11 25 b. A registered compassion center shall notify the
11 26 department within ten days of when a compassion center staff
11 27 person ceases to work at the registered compassion center.
11 28 c. A registered compassion center shall notify the
11 29 department in writing of the name, address, and date of birth
11 30 of any new compassion center staff person and shall submit
11 31 a fee in an amount established by the department for a new
11 32 registry identification card before the new compassion center
11 33 staff person begins working at the registered compassion
11 34 center.
11 35 d. A registered compassion center shall implement
12 1 appropriate security measures to deter and prevent unauthorized
12 2 entrance into areas containing marijuana and the theft of
12 3 marijuana including the use of enclosed, locked facilities for
12 4 the storage of marijuana. The cultivation of marijuana by a
12 5 registered compassion center shall take place in an enclosed,
12 6 locked facility, which can only be accessed by compassion
12 7 center staff persons who are cardholders.
12 8 e. The operating documents of a registered compassion
12 9 center shall include procedures for the oversight of the
12 10 registered compassion center and procedures to ensure accurate
12 11 recordkeeping.
12 12 f. A registered compassion center is prohibited from
12 13 acquiring, possessing, cultivating, manufacturing, delivering,
12 14 transferring, transporting, supplying, or dispensing marijuana
12 15 for any purpose except to assist registered qualifying patients
12 16 with the medical use of marijuana directly or through the
12 17 qualifying patients' designated caregivers.
12 18 g. All principal officers and board members of a registered
12 19 compassion center shall be residents of the state of Iowa.
12 20 h. The governing body of a county or city may enact
12 21 reasonable limits on the number of registered compassion
12 22 centers that can operate in their jurisdiction, and may enact
12 23 zoning ordinances that reasonably limit registered compassion
12 24 centers to certain areas of their jurisdiction.
12 25 7. a. Before marijuana may be dispensed to a registered
12 26 designated caregiver or a registered qualifying patient, a
12 27 compassion center staff person shall verify the registered
12 28 qualifying patient for whom the marijuana is intended, and the
12 29 registered designated caregiver transporting the marijuana to
12 30 the registered qualifying patient, if any, in the verification
12 31 system and shall verify all of the following:
12 32 (1) That the registry identification card presented to the
12 33 registered compassion center is valid.
12 34 (2) That the person presenting the registry identification
12 35 card is the person identified on the card.
13 1 (3) That the amount of marijuana to be dispensed would not
13 2 cause the registered qualifying patient to exceed a limit of
13 3 obtaining six ounces of marijuana during any thirty=day period.
13 4 b. Upon verification of the information in paragraph "a",
13 5 but before dispensing marijuana to a registered qualifying
13 6 patient or a registered designated caregiver on a registered
13 7 qualifying patient's behalf, a compassion center staff person
13 8 shall make an entry in the verification system, specifying how
13 9 much marijuana is being dispensed to the registered qualifying
13 10 patient and whether it was dispensed directly to the registered
13 11 qualifying patient or to the registered qualifying patient's
13 12 registered designated caregiver. The entry must include the
13 13 date and time the marijuana was dispensed.
13 14 8. a. A registered compassion center shall not be subject
13 15 to a search, except inspection by the department pursuant to
13 16 subsection 5; seizure; or penalty, or be denied any right or
13 17 privilege, including but not limited to a civil penalty or
13 18 disciplinary action by a court or business licensing board or
13 19 entity, solely for acting in accordance with this chapter and
13 20 department rules to acquire, possess, cultivate, manufacture,
13 21 deliver, transfer, transport, supply, or dispense marijuana
13 22 or related supplies and educational materials to registered
13 23 qualifying patients, to registered designated caregivers
13 24 on behalf of registered qualifying patients, or to other
13 25 registered compassion centers.
13 26 b. A compassion center staff person shall not be subject
13 27 to arrest, prosecution, search, seizure, or penalty in any
13 28 manner or denied any right or privilege, including but not
13 29 limited to a civil penalty or disciplinary action by a court or
13 30 occupational or professional licensing board or entity, solely
13 31 for working for a registered compassion center in accordance
13 32 with this chapter and department rules to acquire, possess,
13 33 cultivate, manufacture, deliver, transfer, transport, supply,
13 34 or dispense marijuana or related supplies and educational
13 35 materials to registered qualifying patients, to registered
14 1 designated caregivers on behalf of registered qualifying
14 2 patients, or to other registered compassion centers.
14 3 9. a. A registered qualifying patient shall not directly,
14 4 or through the registered qualifying patient's registered
14 5 designated caregiver, obtain more than six ounces of marijuana
14 6 from a registered compassion center in any thirty=day period.
14 7 b. A registered compassion center may not dispense, deliver,
14 8 or otherwise transfer marijuana to a person other than another
14 9 registered compassion center staff person, a registered
14 10 qualifying patient, or a registered qualifying patient's
14 11 registered designated caregiver.
14 12 c. A registered compassion center shall not obtain marijuana
14 13 from outside this state.
14 14 d. Except as otherwise provided, a person who has been
14 15 convicted of an offense that was classified as a felony in
14 16 the jurisdiction where the person was convicted shall not be
14 17 eligible to be a compassion center staff person. A person who
14 18 works as a compassion center staff person for a registered
14 19 compassion center in violation of this paragraph is subject
14 20 to a civil violation punishable by a penalty of up to one
14 21 thousand dollars. A subsequent violation of this paragraph is
14 22 an aggravated misdemeanor. In addition, such person's registry
14 23 identification card shall be immediately revoked.
14 24 e. A registered compassion center shall not acquire usable
14 25 marijuana or mature marijuana plants from any person other than
14 26 another registered compassion center, a registered qualifying
14 27 patient, or a registered designated caregiver. A registered
14 28 compassion center is only allowed to acquire usable marijuana
14 29 or marijuana plants from a registered qualifying patient or a
14 30 registered designated caregiver if the registered qualifying
14 31 patient or registered designated caregiver receives no
14 32 compensation for the marijuana. A registered compassion center
14 33 in violation of this paragraph shall have its registration
14 34 immediately revoked.
14 35 Sec. 6. NEW SECTION. 124D.5 Departmental rules.
15 1 1. Not later than January 1, 2011, the department shall
15 2 adopt rules governing the manner in which the department shall
15 3 consider petitions from the public to approve debilitating
15 4 medical conditions in addition to those debilitating medical
15 5 conditions set forth in section 124D.2, subsection 3. In
15 6 considering such a petition, the department shall include
15 7 public notice of, and an opportunity to comment in a public
15 8 hearing upon, such petition. The department shall, after
15 9 hearing, approve or deny such petition within sixty days of
15 10 submission of the petition. The approval or denial of such a
15 11 petition shall be considered a final agency action subject to
15 12 judicial review pursuant to chapter 17A.
15 13 2. Not later than November 1, 2010, the department shall
15 14 adopt rules governing the manner in which the department
15 15 shall consider applications for and renewals of registry
15 16 identification cards and compassion center registration
15 17 certificates. The rules shall establish application and
15 18 renewal fees. The fees shall meet all of the following
15 19 requirements:
15 20 a. The total fees collected must generate revenues
15 21 sufficient to offset all expenses of implementing and
15 22 administering this chapter.
15 23 b. A compassion center application fee shall not exceed five
15 24 thousand dollars.
15 25 c. A compassion center renewal fee shall not exceed one
15 26 thousand dollars.
15 27 d. The total revenue generated from fees relating to a
15 28 single compassion center including the compassion center
15 29 application fee, renewal fee, and registry identification card
15 30 fees for compassion center staff persons must be sufficient
15 31 to offset all expenses of implementing and administering the
15 32 compassion center, including the verification system.
15 33 e. The department may establish a sliding scale of
15 34 application and renewal fees based upon a qualifying patient's
15 35 family income.
16 1 f. The department may accept donations from private sources
16 2 in order to reduce the application and renewal fees.
16 3 3. Not later than November 1, 2010, the department shall
16 4 adopt rules governing the manner in which it shall consider
16 5 applications for and renewals of registration certificates
16 6 for registered compassion centers, including reasonable rules
16 7 governing all of the following:
16 8 a. The form and content of registration and renewal
16 9 applications.
16 10 b. Minimum oversight requirements for registered compassion
16 11 centers.
16 12 c. Minimum recordkeeping requirements for registered
16 13 compassion centers.
16 14 d. Minimum security requirements for registered compassion
16 15 centers, which shall include that each registered compassion
16 16 center location must be protected by a fully operational
16 17 security alarm system.
16 18 e. Procedures for suspending or terminating the registration
16 19 of registered compassion centers that violate this chapter or
16 20 the rules adopted pursuant to this section.
16 21 4. The department shall design rules with the goal of
16 22 protecting against diversion and theft, without imposing an
16 23 undue burden on registered compassion centers or compromising
16 24 the confidentiality of registered qualifying patients and their
16 25 registered designated caregivers. Any dispensing records that
16 26 a registered compassion center is required to keep shall track
16 27 transactions according to the qualifying patient's, designated
16 28 caregiver's, or compassion center's registry identification
16 29 card number or registration certificate number, as applicable,
16 30 rather than their name, to protect their confidentiality.
16 31 Sec. 7. NEW SECTION. 124D.6 Registry identification cards ==
16 32 application == fee == penalty.
16 33 1. The department shall issue a registry identification
16 34 card to a qualifying patient who submits an application
16 35 containing all of the following:
17 1 a. A written certification.
17 2 b. An application or renewal fee.
17 3 c. The name, address, and date of birth of the qualifying
17 4 patient except that if the applicant is homeless, no address
17 5 is required.
17 6 d. The name, address, and telephone number of the qualifying
17 7 patient's practitioner.
17 8 e. The name, address, and date of birth of each designated
17 9 caregiver, if any, of the qualifying patient.
17 10 f. A statement signed by the qualifying patient pledging
17 11 not to divert marijuana to other persons not allowed to possess
17 12 marijuana under this chapter.
17 13 g. A signed statement from the designated caregiver pledging
17 14 not to divert marijuana to other persons not allowed to possess
17 15 marijuana under this chapter.
17 16 2. The department shall not issue a registry identification
17 17 card to a qualifying patient who is under the age of eighteen
17 18 unless all of the following requirements are met:
17 19 a. The qualifying patient's practitioner has explained the
17 20 potential risks and benefits of the medical use of marijuana
17 21 to the qualifying patient and to a parent, guardian, or legal
17 22 custodian of the qualifying patient.
17 23 b. The parent, guardian, or person having legal custody
17 24 consents in writing to all of the following:
17 25 (1) Allowing the qualifying patient's medical use of
17 26 marijuana.
17 27 (2) Serving as the qualifying patient's designated
17 28 caregiver.
17 29 (3) Controlling the acquisition of the marijuana, the
17 30 dosage, and the frequency of the medical use of marijuana by
17 31 the qualifying patient.
17 32 3. The department shall verify the information contained
17 33 in an application or renewal application submitted pursuant
17 34 to this section, and shall approve or deny an application
17 35 or renewal application within fifteen days of receiving the
18 1 application or renewal application. The department may deny
18 2 an application or a renewal application only if the applicant
18 3 fails to provide the information required pursuant to this
18 4 section, the applicant previously had a registry identification
18 5 card revoked for violating this chapter, or the department
18 6 determines that the information provided was falsified.
18 7 Rejection of an application or a renewal application is
18 8 considered a final agency action subject to judicial review
18 9 pursuant to chapter 17A.
18 10 4. The department shall issue a registry identification
18 11 card to the designated caregiver, if any, who is named in
18 12 a qualifying patient's approved application or renewal
18 13 application, up to a maximum of one designated caregiver per
18 14 qualifying patient, provided the designated caregiver meets the
18 15 requirements of section 124D.2, subsection 5.
18 16 5. The department shall issue a registry identification
18 17 card to a qualifying patient and to the designated caregiver
18 18 within five days of approving an application or a renewal
18 19 application, which shall expire one year after the date
18 20 of issuance, unless a practitioner states in a written
18 21 certification that the qualifying patient would benefit from
18 22 the use of medical marijuana until a specified earlier or later
18 23 date. In such a case, the registry identification card shall
18 24 expire on that date. A registry identification card shall
18 25 contain all of the following:
18 26 a. The name, address, and date of birth of the qualifying
18 27 patient.
18 28 b. The name, address, and date of birth of the designated
18 29 caregiver, if any, of the qualifying patient.
18 30 c. The date of issuance and expiration date of the registry
18 31 identification card.
18 32 d. A random twenty=digit alphanumeric identification number
18 33 containing at least four numbers and at least four letters that
18 34 is unique to the cardholder.
18 35 e. If the cardholder is a designated caregiver, the random
19 1 identification number of the registered qualifying patient the
19 2 designated caregiver is assisting.
19 3 f. A photograph, if the department requires a photograph.
19 4 6. a. A registered qualifying patient shall notify the
19 5 department of any change in the registered qualifying patient's
19 6 name, address, or designated caregiver, or if the registered
19 7 qualifying patient ceases to have a debilitating medical
19 8 condition, within ten days of such change.
19 9 b. A registered qualifying patient who fails to notify the
19 10 department of any of the changes in paragraph "a" is subject
19 11 to a civil penalty of up to one hundred fifty dollars. If
19 12 the registered qualifying patient's certifying practitioner
19 13 notifies the department in writing that either the registered
19 14 qualifying patient no longer suffers from a debilitating
19 15 medical condition or that the practitioner no longer believes
19 16 the patient would receive therapeutic or palliative benefit
19 17 from the medical use of marijuana, the card shall become null
19 18 and void upon notification by the department to the qualifying
19 19 patient.
19 20 c. A registered designated caregiver or compassion center
19 21 staff person shall notify the department of any change in the
19 22 registered designated caregiver's or compassion center staff
19 23 person's name or address within ten days of such change. A
19 24 registered designated caregiver or compassion center staff
19 25 person who fails to notify the department of such change is
19 26 subject to a civil penalty of up to one hundred fifty dollars.
19 27 d. When a cardholder notifies the department of any changes
19 28 listed in this subsection and submits a fee of ten dollars,
19 29 the department shall issue the cardholder a new registry
19 30 identification card within ten days of receiving the updated
19 31 information. If the person notifying the department is a
19 32 registered qualifying patient, the department shall also issue
19 33 the patient's registered designated caregiver, if any, a new
19 34 registry identification card within ten days of receiving the
19 35 updated information.
20 1 e. When a registered qualifying patient ceases to be
20 2 a registered qualifying patient or changes the registered
20 3 qualifying patient's registered designated caregiver, the
20 4 department shall notify the designated caregiver within ten
20 5 days. The registered designated caregiver's protections
20 6 as provided in this chapter shall expire ten days after
20 7 notification by the department.
20 8 f. If a cardholder loses their registry identification card,
20 9 the cardholder shall notify the department and submit a fee of
20 10 ten dollars within ten days of losing the card. Within five
20 11 days after such notification, the department shall issue a new
20 12 registry identification card with a new random identification
20 13 number to the cardholder, and if the cardholder is a registered
20 14 qualifying patient, to the registered qualifying patient's
20 15 registered designated caregiver, if any.
20 16 7. Possession of, or application for, a registry
20 17 identification card shall not constitute probable cause or
20 18 reasonable suspicion and shall not be used to support the
20 19 search of the person or property of the person possessing or
20 20 applying for the registry identification card.
20 21 8. The following confidentiality rules shall apply to all
20 22 of the following:
20 23 a. Applications and supporting information submitted
20 24 by a qualifying patient or designated caregiver, including
20 25 information regarding the qualifying patient's designated
20 26 caregiver and practitioner, are confidential.
20 27 b. Applications and supporting information submitted by a
20 28 compassion center or compassion center staff person operating
20 29 in compliance with this chapter, including the physical address
20 30 of a compassion center, are confidential.
20 31 c. The department shall maintain a confidential list
20 32 of the persons to whom the department has issued registry
20 33 identification cards. Individual names and other identifying
20 34 information on the list shall be confidential and not subject
20 35 to disclosure, except to authorized employees of the department
21 1 as necessary to perform official duties of the department.
21 2 d. Not later than November 1, 2010, the department shall
21 3 establish a secure, password=protected, internet=based
21 4 verification system that is operational twenty=four hours each
21 5 day, which law enforcement personnel and compassion center
21 6 staff persons can use to verify registry identification cards.
21 7 The verification system must allow law enforcement personnel
21 8 and compassion center staff persons to enter a registry
21 9 identification number to determine whether or not the number
21 10 corresponds with a current, valid registry identification
21 11 card. The system shall disclose the name and photograph of the
21 12 cardholder, but shall not disclose the cardholder's address.
21 13 The system shall also display the amount and quantity of
21 14 marijuana that each registered qualifying patient received from
21 15 compassion centers during the past sixty days. The system
21 16 shall allow compassion center staff persons to add the amount
21 17 of marijuana dispensed to registered qualifying patients,
21 18 directly or through their designated caregivers, and the date
21 19 and time the marijuana was dispensed. The verification system
21 20 shall include all of the following data security features:
21 21 (1) Any time an authorized user enters five invalid registry
21 22 identification numbers within five minutes, that user cannot
21 23 log in to the system again for ten minutes.
21 24 (2) The server must reject any log=in request that is not
21 25 over an encrypted connection.
21 26 e. Any records, including computer hard drives,
21 27 containing cardholder information must be destroyed once
21 28 they are no longer in use, and the department shall retain
21 29 a signed statement from a department employee confirming the
21 30 destruction.
21 31 f. (1) A person, including an employee or official of the
21 32 department or another state agency or local government, who
21 33 breaches the confidentiality of information obtained pursuant
21 34 to this chapter commits a serious misdemeanor punishable by
21 35 imprisonment of up to one hundred days and a fine of up to one
22 1 thousand dollars.
22 2 (2) Notwithstanding this paragraph "f", this section does
22 3 not prevent the following notifications:
22 4 (a) Department employees may notify law enforcement
22 5 about falsified or fraudulent information submitted to the
22 6 department, if the employee who suspects that falsified or
22 7 fraudulent information has been submitted confers with the
22 8 employee's supervisor or at least one other employee of the
22 9 department and the employee and the employee's supervisor
22 10 or the employee and the employee's coemployee agree that
22 11 circumstances exist that warrant reporting.
22 12 (b) The department may notify state or local law enforcement
22 13 about apparent criminal violations of this chapter, provided
22 14 that the employee who suspects the offense confers with the
22 15 employee's supervisor and both agree that circumstances exist
22 16 that warrant reporting.
22 17 (c) A compassion center staff person may notify the
22 18 department of a suspected violation or attempted violation of
22 19 this chapter or the rules adopted pursuant to this chapter.
22 20 9. The department shall submit an annual report to the
22 21 general assembly by January 15 of each year that does not
22 22 disclose any identifying information about cardholders,
22 23 compassion centers, or practitioners, but does contain, at a
22 24 minimum, all of the following information:
22 25 a. The number of applications and renewal applications
22 26 submitted for registry identification cards.
22 27 b. The number of registered qualifying patients and
22 28 registered designated caregivers in each county.
22 29 c. The nature of the debilitating medical conditions of the
22 30 qualifying patients.
22 31 d. The number of registry identification cards revoked.
22 32 e. The number of practitioners providing written
22 33 certifications for qualifying patients.
22 34 f. The number of registered compassion centers.
22 35 g. The number of compassion center staff persons.
23 1 10. If a state or local law enforcement agency encounters
23 2 an individual who, during the course of an investigation,
23 3 credibly asserts that the individual is a registered cardholder
23 4 or an entity whose personnel credibly assert that it is a
23 5 compassion center, the law enforcement agency shall not provide
23 6 any information from any marijuana=related investigation of
23 7 the person to any law enforcement authority that does not
23 8 recognize the protection of this chapter. Any prosecution of
23 9 the individual or entity for a violation of this chapter shall
23 10 be conducted pursuant to the laws of this state.
23 11 11. The application for a qualifying patient's registry
23 12 identification card shall include a question on whether the
23 13 patient would like the department to notify the patient about
23 14 any clinical studies regarding marijuana's risks or efficacy
23 15 that seek human subjects.
23 16 Sec. 8. NEW SECTION. 124D.7 Scope of chapter.
23 17 1. This chapter does not permit any person to do any of
23 18 the following nor does it prevent the imposition of any civil,
23 19 criminal, or other penalties for such actions:
23 20 a. Undertake any task under the influence of marijuana,
23 21 when doing so would constitute negligence or professional
23 22 malpractice.
23 23 b. Possess marijuana, or otherwise engage in the medical use
23 24 of marijuana, in any of the following places:
23 25 (1) In a school bus.
23 26 (2) On the grounds of any preschool or primary or secondary
23 27 school.
23 28 (3) In any correctional facility.
23 29 c. Smoke marijuana in any of the following:
23 30 (1) Any form of public transportation.
23 31 (2) Any public place.
23 32 d. Operate, navigate, or be in actual physical control
23 33 of any motor vehicle, aircraft, or motorboat while under the
23 34 influence of marijuana. However, a registered qualifying
23 35 patient shall not be considered to be under the influence
24 1 of marijuana solely because of the presence of metabolites
24 2 or components of marijuana that appear in insufficient
24 3 concentration to cause impairment.
24 4 e. Use marijuana if that person does not have a serious or
24 5 debilitating medical condition.
24 6 2. Nothing in this chapter shall be construed to require any
24 7 of the following:
24 8 a. A government medical assistance program or private health
24 9 insurer to reimburse a person for costs associated with the
24 10 medical use of marijuana.
24 11 b. A person or establishment in lawful possession of
24 12 property to allow a guest, client, customer, or other visitor
24 13 to use marijuana on or in that property. This chapter
24 14 shall not limit a person or entity in lawful possession of
24 15 property from removing a person who uses marijuana without
24 16 permission and from seeking civil and criminal penalties for
24 17 the unauthorized use of marijuana on their property.
24 18 c. An employer to accommodate the ingestion of marijuana
24 19 in any workplace or any employee working while under the
24 20 influence of marijuana, provided that a qualifying patient
24 21 shall not be considered to be under the influence of marijuana
24 22 solely because of the presence of metabolites or components of
24 23 marijuana that appear in insufficient concentration to cause
24 24 impairment. This section shall not limit an employer's ability
24 25 to discipline an employee for ingesting marijuana in the
24 26 workplace or working while under the influence of marijuana.
24 27 3. Fraudulent representation to a law enforcement official
24 28 of any fact or circumstance relating to the medical use
24 29 of marijuana to avoid arrest or prosecution is a simple
24 30 misdemeanor, punishable by a fine of five hundred dollars,
24 31 in addition to any other penalties that may apply for making
24 32 a false statement or for the use of marijuana other than use
24 33 undertaken pursuant to this chapter.
24 34 Sec. 9. NEW SECTION. 124D.8 Affirmative defenses ==
24 35 dismissal.
25 1 1. Except as provided in section 124D.7, a qualifying
25 2 patient may assert the medical purpose for using marijuana as a
25 3 defense to any prosecution of an offense involving marijuana
25 4 intended for the patient's medical use, and this defense
25 5 shall be presumed valid where the evidence shows all of the
25 6 following:
25 7 a. A practitioner has stated that, in the practitioner's
25 8 professional opinion, after having completed a full assessment
25 9 of the patient's medical history and current medical condition
25 10 made in the course of a bona fide practitioner=patient
25 11 relationship, the patient is likely to receive therapeutic or
25 12 palliative benefit from the medical use of marijuana to treat
25 13 or alleviate the patient's debilitating medical condition or
25 14 symptoms associated with the patient's debilitating medical
25 15 condition.
25 16 b. The patient and the patient's designated caregiver,
25 17 if any, were collectively in possession of a quantity of
25 18 marijuana that was not more than was reasonably necessary to
25 19 ensure the uninterrupted availability of marijuana for the
25 20 purpose of treating or alleviating the patient's debilitating
25 21 medical condition or symptoms associated with the patient's
25 22 debilitating medical condition.
25 23 c. The patient was engaged in the acquisition, possession,
25 24 cultivation, manufacture, use, or transportation of marijuana
25 25 or paraphernalia relating to the administration of marijuana to
25 26 treat or alleviate the patient's debilitating medical condition
25 27 or symptoms associated with the patient's debilitating medical
25 28 condition.
25 29 2. A person may assert the medical purpose for using
25 30 marijuana in a motion to dismiss and the charges shall be
25 31 dismissed following an evidentiary hearing where the person
25 32 shows all of the elements listed in subsection 1.
25 33 3. If a patient or a patient's designated caregiver
25 34 demonstrates the patient's medical purpose for using marijuana
25 35 pursuant to this section, the patient and the patient's
26 1 designated caregiver shall not be subject to any of the
26 2 following for the patient's use of marijuana for medical
26 3 purposes:
26 4 a. Disciplinary action by a business or occupational or
26 5 professional licensing board or bureau.
26 6 b. Forfeiture of any interest in or right to nonmarijuana,
26 7 licit property.
26 8 Sec. 10. NEW SECTION. 124D.9 Enforcement.
26 9 1. If the department fails to issue a valid registry
26 10 identification card in response to a valid application or
26 11 renewal application submitted pursuant to this chapter within
26 12 twenty days of its submission, the registry identification
26 13 card shall be deemed granted and a copy of the registry
26 14 identification application or renewal application shall be
26 15 deemed a valid registry identification card.
26 16 2. If at any time after January 1, 2011, including if it has
26 17 not promulgated rules allowing qualifying patients to submit
26 18 applications, a notarized statement by a qualifying patient
26 19 containing the information required in an application, pursuant
26 20 to section 124D.6, together with a written certification, shall
26 21 be deemed a valid registry identification card.
26 22 Sec. 11. NEW SECTION. 124D.10 Severability clause.
26 23 If any provision of this chapter or its application to any
26 24 person or circumstance is held invalid, the invalidity does
26 25 not affect other provisions or application of this chapter
26 26 which can be given effect without the invalid provision or
26 27 application, and to this end the provisions of this chapter are
26 28 severable.
26 29 Sec. 12. Section 453B.6, Code 2009, is amended by adding the
26 30 following new unnumbered paragraph:
26 31 NEW UNNUMBERED PARAGRAPH A person who is in possession
26 32 of marijuana for medical purposes in accordance with chapter
26 33 124D is in lawful possession of a taxable substance and is not
26 34 subject to the requirements of this chapter.
27 1 EXPLANATION
27 2 This bill establishes Code chapter 124D, the medical
27 3 marijuana Act, relating to the possession and use of marijuana
27 4 for therapeutic purposes, provides for the creation of
27 5 compassion centers, and provides for civil and criminal
27 6 penalties and fees.
27 7 The bill provides that a qualifying patient who has been
27 8 issued and possesses a registry identification card shall
27 9 not be subject to arrest, prosecution, or civil penalty, or
27 10 denied any right or privilege, for the qualifying patient's
27 11 medical use of marijuana pursuant to the provisions of the
27 12 bill, provided the qualifying patient possesses an amount of
27 13 marijuana that does not exceed 12 marijuana plants and 2.5
27 14 ounces of usable marijuana. Such marijuana plants shall be
27 15 kept in an enclosed, locked facility unless the plants are
27 16 being transported because the qualifying patient is moving or
27 17 if the plants are being transported to the qualifying patient's
27 18 property. The same qualifications apply to a designated
27 19 caregiver assisting a qualifying patient.
27 20 The bill defines a qualifying patient as a person who has
27 21 been diagnosed by a practitioner with a debilitating medical
27 22 condition defined as cancer, glaucoma, positive status for
27 23 human immunodeficiency virus, acquired immune deficiency
27 24 syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's
27 25 disease, agitation of Alzheimer's disease, nail patella, or
27 26 a chronic or debilitating medical condition that produces
27 27 one or more of the following: cachexia or wasting syndrome,
27 28 severe pain, severe nausea, certain seizures, or certain muscle
27 29 spasms. A designated caregiver is defined as a person, 21
27 30 or older, who has agreed to assist with a patient's medical
27 31 use of marijuana who has never been convicted of a felony
27 32 drug offense. A designated caregiver shall not assist more
27 33 than five qualifying patients. A practitioner is defined as
27 34 a physician, dentist, podiatric physician, or other person
27 35 licensed or registered to distribute or dispense a prescription
28 1 drug or device in the course of professional practice in
28 2 Iowa or a person licensed by another state in a health
28 3 field in which, under Iowa law, licensees in this state may
28 4 legally prescribe drugs. A practitioner does not include a
28 5 veterinarian under the bill.
28 6 The bill provides for the creation of compassion centers.
28 7 The bill defines a registered compassion center as a
28 8 not=for=profit organization registered by the department that
28 9 acquires, possesses, cultivates, manufactures, delivers,
28 10 transfers, transports, supplies, or dispenses marijuana or
28 11 related supplies and educational materials to qualifying
28 12 patients, designated caregivers, and compassion center staff
28 13 persons who possess a valid registry identification card.
28 14 "Compassion center staff person" is defined as a principal
28 15 officer, board member, employee, volunteer, or agent of a
28 16 compassion center. The bill provides specific guidelines
28 17 for regulation of compassion centers and compassion center
28 18 staff persons by the department including rules specific to
28 19 the creation of a verification system to verify registry
28 20 identification cards. A person who was convicted of a felony
28 21 offense shall not work in a compassion center, unless otherwise
28 22 permitted by the department. A first violation of this
28 23 provision is punishable by a civil penalty of up to $1,000. A
28 24 subsequent violation is an aggravated misdemeanor.
28 25 The bill provides that the department of public health
28 26 (department) shall adopt rules for implementing the bill
28 27 including rules relating to the consideration of petitions from
28 28 the public to add additional debilitating medical conditions to
28 29 the list of debilitating medical conditions specified in the
28 30 bill, rules relating to applications and renewal applications
28 31 for registry identification cards issued to qualifying patients
28 32 and designated caregivers, and rules relating to registered
28 33 compassion center registration certificates. The department
28 34 shall establish fees which shall meet certain requirements.
28 35 The bill provides that the department shall issue a
29 1 registry identification card to a qualifying patient who
29 2 submits certain specified information to the department. The
29 3 department shall not issue a registry identification card to
29 4 a qualifying patient who is under the age of 18 unless the
29 5 qualifying patient's practitioner has explained the potential
29 6 risks and benefits of the medical use of marijuana to the
29 7 qualifying patient and to the qualifying patient's parent,
29 8 guardian, or legal representative and such persons provide
29 9 the appropriate consent. The department shall also issue a
29 10 registry identification card to each designated caregiver
29 11 named in a qualifying patient's approved application for a
29 12 registry identification card, up to a maximum of one designated
29 13 caregiver per qualifying patient. The bill requires the
29 14 department to submit an annual report to the general assembly
29 15 by January 15 of each year concerning information related to
29 16 registry identification cards.
29 17 The bill provides that a registered qualifying patient or a
29 18 registered designated caregiver who loses their registration
29 19 identification card or who makes changes to certain information
29 20 relevant to their registration identification card shall
29 21 submit a fee of $10 for each replacement card. A registered
29 22 qualifying patient or a registered designated caregiver who
29 23 fails to notify the department of any changes in information
29 24 relevant to the registration identification card is subject to
29 25 a civil penalty of up to $150.
29 26 The bill provides that applications and supporting
29 27 information submitted by a qualifying patient, designated
29 28 caregiver, practitioner, compassion center, or compassion
29 29 center staff persons, are confidential. The bill also provides
29 30 that a person, including an employee or official of the
29 31 department, who disseminates information received in connection
29 32 with an application for a registry identification card pursuant
29 33 to the bill, is guilty of a serious misdemeanor and is subject
29 34 to confinement in jail for up to 100 days and a fine of $1,000.
29 35 The bill provides that the bill does not permit a registered
30 1 qualifying patient to undertake any task under the influence
30 2 of marijuana when doing so would constitute negligence or
30 3 professional malpractice. The bill prohibits the possession
30 4 and use of medical marijuana in certain places and during
30 5 certain activities. The bill provides that any fraudulent
30 6 representation to a law enforcement official relating to the
30 7 use of medical marijuana is a simple misdemeanor, punishable
30 8 by a fine of up to $500.
30 9 The bill provides that a patient or a patient's designated
30 10 caregiver, who is not a cardholder, may assert the medical
30 11 purpose for using marijuana as a defense to any prosecution
30 12 involving marijuana where the evidence shows that a
30 13 practitioner has stated that the patient who is a patient of
30 14 the practitioner is likely to receive therapeutic or palliative
30 15 benefit from the medical use of marijuana to treat or alleviate
30 16 the patient's debilitating medical condition, the patient and
30 17 the patient's designated caregiver, if any, were collectively
30 18 in possession of a quantity of marijuana that was not more
30 19 than was reasonably necessary to ensure the uninterrupted
30 20 availability of marijuana for the purpose of treating or
30 21 alleviating the patient's debilitating medical condition, and
30 22 the patient and the patient's caregiver, if any, were engaged
30 23 in the acquisition, possession, cultivation, manufacture,
30 24 use, delivery, transfer, or transportation of marijuana or
30 25 paraphernalia relating to the administration of marijuana
30 26 to treat or alleviate the patient's debilitating medical
30 27 condition.
30 28 The bill amends Code section 124.401, relating to prohibited
30 29 acts involving controlled substances, to provide that it is
30 30 lawful for a person to knowingly or intentionally possess
30 31 marijuana if the possession is in accordance with the
30 32 provisions of the bill. The bill also amends Code section
30 33 453B.6, relating to tax stamps for controlled substances, to
30 34 specify that possession in accordance with the provisions of
30 35 the bill is lawful possession and a tax stamp is not required.
LSB 5955YH (2) 83
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