Bill Text: IA HF2589 | 2019-2020 | 88th General Assembly | Enrolled

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Bill Title: A bill for an act concerning the medical cannabidiol Act and marijuana. (Formerly HSB 653.) Effective date: 07/01/2020.

Spectrum: Committee Bill

Status: (Passed) 2020-06-29 - Signed by Governor. H.J. 791. [HF2589 Detail]

Download: Iowa-2019-HF2589-Enrolled.html

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House File 2589 - Enrolled
House File 2589
AN ACT
CONCERNING THE MEDICAL CANNABIDIOL ACT AND MARIJUANA.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 96.5, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 14. Marijuana or controlled substance use in
the workplace —— disqualified.
a. For purposes of this subsection, unless the context
otherwise requires:
(1) “Controlled substance” means the same as defined in
section 124.101.
(2) “Marijuana” means the same as defined in section 124E.2.
b. If the department finds that the individual became

House File 2589, p. 2
separated from employment due to ingesting marijuana in the
workplace, working while under the influence of marijuana, or
testing positive for any other controlled substance, for which
the individual did not have a current prescription or which the
individual was otherwise using unlawfully, under a drug testing
policy pursuant to section 730.5 or any other procedures
provided by federal statutes, federal regulations, or orders
issued pursuant to federal law.
c. A disqualification under this subsection shall continue
until the individual has worked in and has been paid wages for
insured work equal to ten times the individual’s weekly benefit
amount, provided the individual is otherwise eligible.
Sec. 2. Section 124E.2, subsection 2, paragraph i, Code
2020, is amended to read as follows:
i. Untreatable Chronic pain.
Sec. 3. Section 124E.2, subsection 2, Code 2020, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . j. Severe, intractable autism with
self-injurious or aggressive behaviors.
NEW PARAGRAPH . k. Post-traumatic stress disorder.
Sec. 4. Section 124E.2, subsections 5 and 6, Code 2020, are
amended to read as follows:
5. “Health care practitioner” means an individual licensed
under chapter 148 to practice medicine and surgery or
osteopathic medicine and surgery , a physician assistant
licensed under chapter 148C, an advanced registered nurse
practitioner licensed under chapter 152, or an advanced
practice registered nurse under chapter 152E, who is a
patient’s primary care provider or a podiatrist licensed
pursuant to chapter 149 . “Health care practitioner” shall not
include a physician assistant licensed under chapter 148C or
an advanced registered nurse practitioner licensed pursuant to
chapter 152 or 152E .
6. “Medical cannabidiol” means any pharmaceutical
grade cannabinoid found in the plant Cannabis sativa L. or
Cannabis indica or any other preparation thereof that has
a tetrahydrocannabinol level of no more than three percent
and that is delivered in a form recommended by the medical

House File 2589, p. 3
cannabidiol board, approved by the board of medicine, and
adopted by the department pursuant to rule.
Sec. 5. Section 124E.2, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION . 4A. “Employee” means a natural person who
is employed in this state for wages by an employer.
NEW SUBSECTION . 4B. “Employer” means a person who in this
state employs for wages an employee.
NEW SUBSECTION . 5A. “Laboratory” means the state hygienic
laboratory at the university of Iowa in Iowa City or any other
independent medical cannabidiol testing facility accredited
to standard ISO/IEC 17025 by an international organization
for standards-approved accrediting body, with a controlled
substance registration certificate from the United States drug
enforcement administration and a certificate of registration
from the board of pharmacy. For the purposes of this chapter,
an independent laboratory is a laboratory operated by an
entity that has no equity ownership in a medical cannabidiol
manufacturer.
NEW SUBSECTION . 5B. “Marijuana” means any derivative of
marijuana including but not limited to medical cannabidiol.
NEW SUBSECTION . 7A. “Total tetrahydrocannabinol”
means eighty-seven and seven-tenths percent of the
amount of tetrahydrocannabinolic acid plus the amount of
tetrahydrocannabinol.
Sec. 6. Section 124E.4, subsection 1, unnumbered paragraph
1, Code 2020, is amended to read as follows:
Subject to subsection 7 , the department may approve the
issuance of issue a medical cannabidiol registration card by
the department of transportation to a patient who:
Sec. 7. Section 124E.4, subsection 1, paragraph d,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
Submits an application to the department, on a form created
by the department, in consultation with the department of
transportation, that contains all of the following:
Sec. 8. Section 124E.4, subsection 1, paragraph f, Code
2020, is amended by striking the paragraph.
Sec. 9. Section 124E.4, subsection 2, unnumbered paragraph

House File 2589, p. 4
1, Code 2020, is amended to read as follows:
A medical cannabidiol registration card issued to a patient
by the department of transportation pursuant to subsection 1
shall contain, at a minimum, all of the following:
Sec. 10. Section 124E.4, subsection 2, paragraph b, Code
2020, is amended by striking the paragraph.
Sec. 11. Section 124E.4, subsection 3, unnumbered paragraph
1, Code 2020, is amended to read as follows:
For a patient in a primary caregiver’s care, subject to
subsection 7 , the department may approve the issuance of issue
a medical cannabidiol registration card by the department of
transportation to the primary caregiver who:
Sec. 12. Section 124E.4, subsection 3, paragraph b,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
Submits an application to the department, on a form created
by the department, in consultation with the department of
transportation, that contains all of the following:
Sec. 13. Section 124E.4, subsection 3, paragraph c, Code
2020, is amended by striking the paragraph.
Sec. 14. Section 124E.4, subsection 4, unnumbered paragraph
1, Code 2020, is amended to read as follows:
A medical cannabidiol registration card issued by the
department of transportation to a primary caregiver pursuant to
subsection 3 shall contain, at a minimum, all of the following:
Sec. 15. Section 124E.4, subsection 4, paragraph b, Code
2020, is amended by striking the paragraph.
Sec. 16. Section 124E.4, subsection 6, Code 2020, is amended
by striking the subsection.
Sec. 17. Section 124E.5, subsections 2 and 6, Code 2020, are
amended to read as follows:
2. The medical cannabidiol board shall convene at least
twice but no more than four times per year.
6. The medical cannabidiol board may recommend a statutory
revision to the definition of medical cannabidiol contained in
this chapter that increases the tetrahydrocannabinol level to
more than three percent, however, any such recommendation shall
be submitted to the general assembly during the regular session
of the general assembly following such submission. The general

House File 2589, p. 5
assembly shall have the sole authority to revise the definition
of medical cannabidiol for purposes of this chapter .
Sec. 18. Section 124E.6, subsection 4, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. A medical cannabidiol manufacturer shall contract with
a laboratory to perform spot-check testing of the medical
cannabidiol produced by the medical cannabidiol manufacturer
as provided in section 124E.7. The department shall require
that the laboratory report testing results to the medical
cannabidiol manufacturer and the department as determined by
the department by rule. If a medical cannabidiol manufacturer
contracts with a laboratory other than the state hygienic
laboratory at the university of Iowa in Iowa City, the
department shall approve the laboratory to perform testing
pursuant to this chapter.
Sec. 19. Section 124E.7, subsection 1, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
1. A medical cannabidiol manufacturer shall contract with
a laboratory to perform spot-check testing of the medical
cannabidiol produced by the medical cannabidiol manufacturer as
to content, contamination, and consistency. The cost of all
laboratory testing shall be paid by the medical cannabidiol
manufacturer.
Sec. 20. Section 124E.9, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION . 13. A medical cannabidiol dispensary
shall employ a pharmacist or pharmacy technician licensed or
registered pursuant to chapter 155A for the purpose of making
dosing recommendations.
NEW SUBSECTION . 14. A medical cannabidiol dispensary shall
not dispense more than a combined total of four and one-half
grams of total tetrahydrocannabinol to a patient and the
patient’s primary caregiver in a ninety-day period, except as
provided in subsection 15.
NEW SUBSECTION . 15. A medical cannabidiol dispensary
may dispense more than a combined total of four and one-half
of total tetrahydrocannabinol to a patient and the patient’s

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primary caregiver in a ninety-day period if any of the
following apply:
a. The health care practitioner who certified the patient to
receive a medical cannabidiol registration card certifies that
patient’s debilitating medical condition is a terminal illness
with a life expectancy of less than one year. A certification
issued pursuant to this paragraph shall include a total
tetrahydrocannabinol cap deemed appropriate by the patient’s
health care practitioner.
b. The health care practitioner who certified the patient to
receive a medical cannabidiol registration card certifies that
the patient has participated in the medical cannabidiol program
and that the health care practitioner has determined that four
and one-half of total tetrahydrocannabinol in a ninety-day
period is insufficient to treat the patient’s debilitating
medical condition. A certification issued pursuant to this
paragraph shall include a total tetrahydrocannabinol cap deemed
appropriate by the patient’s health care practitioner.
Sec. 21. Section 124E.11, subsection 1, paragraph b,
subparagraph (1), subparagraph divisions (a) and (c), Code
2020, are amended to read as follows:
(a) To authorized employees or agents of the department and
the department of transportation as necessary to perform the
duties of the department and the department of transportation
pursuant to this chapter .
(c) To authorized employees of a medical cannabidiol
dispensary, but only for the purpose purposes of verifying that
a person is lawfully in possession of a medical cannabidiol
registration card issued pursuant to this chapter and that a
person has not purchased total tetrahydrocannabinol in excess
of the amount authorized by this chapter .
Sec. 22. Section 124E.11, subsection 1, paragraph b,
subparagraph (1), Code 2020, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION . (e) To a health care
practitioner for the purpose of determining whether a patient
seeking a written certification pursuant to section 124E.3 has
already received a written certification from another health
care practitioner.

House File 2589, p. 7
Sec. 23. Section 124E.12, subsection 7, Code 2020, is
amended to read as follows:
7. Notwithstanding any law to the contrary, the department,
the department of transportation, the governor, or any employee
of any state agency shall not be held civilly or criminally
liable for any injury, loss of property, personal injury, or
death caused by any act or omission while acting within the
scope of office or employment as authorized under this chapter .
Sec. 24. NEW SECTION . 124E.20 Observational effectiveness
study.
The department may conduct an observational effectiveness
study in cooperation with patients and health care
practitioners and pursuant to rules of the department in order
to study the effectiveness of medical cannabidiol in the
treatment of debilitating medical conditions.
Sec. 25. NEW SECTION . 124E.21 Employer regulation of
marijuana use.
1. Nothing in this chapter shall require an employer
to permit or accommodate the use, consumption, possession,
transfer, display, transportation, distribution, sale, or
growing of marijuana in the workplace.
2. Nothing in this chapter shall prohibit an employer from
implementing policies restricting the use of marijuana by
employees for the purpose of promoting workplace health and
safety.
3. Nothing in this chapter shall prohibit an employer
from including in a contract with an employee a provision
prohibiting the use of marijuana.
4. Nothing in this chapter shall prohibit an employer
from establishing and enforcing a zero-tolerance drug policy
or a drug-free workplace by use of a drug testing policy in
accordance with section 730.5 or any other procedures provided
by federal statutes, federal regulations, or orders issued
pursuant to federal law.
Sec. 26. NEW SECTION . 124E.22 Regulation of marijuana
use by government medical assistance programs, private health
insurers, and other entities.
Nothing in this chapter shall require a government
medical assistance program, private health insurer, workers’

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compensation carrier, or self-insured employer providing
workers’ compensation benefits to reimburse a person for costs
associated with the medical use of marijuana.
Sec. 27. NEW SECTION . 124E.23 Regulation of marijuana use
on property.
Nothing in this chapter shall require a person that owns,
occupies, or controls a property to allow the use, consumption,
possession, transfer, display, transportation, distribution,
sale, or growing of marijuana on or in that property.
Sec. 28. NEW SECTION . 124E.24 Limitation of liability.
Nothing in this chapter shall create any claim, cause of
action, sanction, or penalty, for discrimination or under
any other theory of liability, under chapter 216 or any
other provision of law, based on an act, omission, policy, or
contractual provision permissible under this chapter including
but not limited to refusing to hire, discharging, disciplining,
discriminating, retaliating, or otherwise taking any adverse
employment action against a person with respect to hiring,
tenure, or any terms, conditions, or privileges of employment.
Sec. 29. NEW SECTION . 124E.25 Cannabis-derived products
—— exemption.
This chapter shall not apply to any cannabis-derived
investigational product or cannabis-derived product approved as
a prescription drug medication by the United States food and
drug administration.
Sec. 30. NEW SECTION . 124E.26 Applicability.
The provisions of this chapter apply notwithstanding any
other provision of law to the contrary.
Sec. 31. PROTECTION OF FEDERAL FUNDING. The department
of public health shall request guarantees from the agencies
of the federal government providing funding to educational
and long-term care facilities that facilities with policies
allowing patients to possess medical cannabidiol on the grounds
of the facilities consistent with chapter 124E or allowing
facility staff to administer medical cannabidiol to a patient
shall not lose eligibility for any federal funding due to such
policies.
Sec. 32. TRANSITION PROVISIONS. A medical cannabidiol
registration card issued prior to July 1, 2020, remains

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effective and continues in effect as issued for the
twelve-month period following its issuance.
______________________________ ______________________________
PAT GRASSLEY CHARLES SCHNEIDER
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2589, Eighty-eighth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2020 ______________________________
KIM REYNOLDS
Governor