Bill Text: IA HF2589 | 2019-2020 | 88th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
House
File
2589
-
Reprinted
HOUSE
FILE
2589
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
653)
(As
Amended
and
Passed
by
the
House
March
10,
2020
)
A
BILL
FOR
An
Act
concerning
the
medical
cannabidiol
Act
and
marijuana.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
HF
2589
(4)
88
ss/rh/md
H.F.
2589
Section
1.
Section
96.5,
Code
2020,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
14.
Marijuana
or
controlled
substance
use
in
3
the
workplace
——
disqualified.
4
a.
For
purposes
of
this
subsection,
unless
the
context
5
otherwise
requires:
6
(1)
“Controlled
substance”
means
the
same
as
defined
in
7
section
124.101.
8
(2)
“Marijuana”
means
the
same
as
defined
in
section
124E.2.
9
b.
If
the
department
finds
that
the
individual
became
10
separated
from
employment
due
to
ingesting
marijuana
in
the
11
workplace,
working
while
under
the
influence
of
marijuana,
or
12
testing
positive
for
any
other
controlled
substance,
for
which
13
the
individual
did
not
have
a
current
prescription
or
which
the
14
individual
was
otherwise
using
unlawfully,
under
a
drug
testing
15
policy
pursuant
to
section
730.5
or
any
other
procedures
16
provided
by
federal
statutes,
federal
regulations,
or
orders
17
issued
pursuant
to
federal
law.
18
c.
A
disqualification
under
this
subsection
shall
continue
19
until
the
individual
has
worked
in
and
has
been
paid
wages
for
20
insured
work
equal
to
ten
times
the
individual’s
weekly
benefit
21
amount,
provided
the
individual
is
otherwise
eligible.
22
Sec.
2.
Section
124E.2,
subsection
2,
paragraph
i,
Code
23
2020,
is
amended
to
read
as
follows:
24
i.
Untreatable
Chronic
pain.
25
Sec.
3.
Section
124E.2,
subsection
2,
Code
2020,
is
amended
26
by
adding
the
following
new
paragraphs:
27
NEW
PARAGRAPH
.
j.
Severe,
intractable
autism
with
28
self-injurious
or
aggressive
behaviors.
29
NEW
PARAGRAPH
.
k.
Post-traumatic
stress
disorder.
30
Sec.
4.
Section
124E.2,
subsections
5
and
6,
Code
2020,
are
31
amended
to
read
as
follows:
32
5.
“Health
care
practitioner”
means
an
individual
licensed
33
under
chapter
148
to
practice
medicine
and
surgery
or
34
osteopathic
medicine
and
surgery
,
a
physician
assistant
35
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licensed
under
chapter
148C,
an
advanced
registered
nurse
1
practitioner
licensed
under
chapter
152,
or
an
advanced
2
practice
registered
nurse
under
chapter
152E,
who
is
a
3
patient’s
primary
care
provider
or
a
podiatrist
licensed
4
pursuant
to
chapter
149
.
“Health
care
practitioner”
shall
not
5
include
a
physician
assistant
licensed
under
chapter
148C
or
6
an
advanced
registered
nurse
practitioner
licensed
pursuant
to
7
chapter
152
or
152E
.
8
6.
“Medical
cannabidiol”
means
any
pharmaceutical
9
grade
cannabinoid
found
in
the
plant
Cannabis
sativa
L.
or
10
Cannabis
indica
or
any
other
preparation
thereof
that
has
11
a
tetrahydrocannabinol
level
of
no
more
than
three
percent
12
and
that
is
delivered
in
a
form
recommended
by
the
medical
13
cannabidiol
board,
approved
by
the
board
of
medicine,
and
14
adopted
by
the
department
pursuant
to
rule.
15
Sec.
5.
Section
124E.2,
Code
2020,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
4A.
“Employee”
means
a
natural
person
who
18
is
employed
in
this
state
for
wages
by
an
employer.
19
NEW
SUBSECTION
.
4B.
“Employer”
means
a
person
who
in
this
20
state
employs
for
wages
an
employee.
21
NEW
SUBSECTION
.
5A.
“Laboratory”
means
the
state
hygienic
22
laboratory
at
the
university
of
Iowa
in
Iowa
City
or
any
other
23
independent
medical
cannabidiol
testing
facility
accredited
24
to
standard
ISO/IEC
17025
by
an
international
organization
25
for
standards-approved
accrediting
body,
with
a
controlled
26
substance
registration
certificate
from
the
United
States
drug
27
enforcement
administration
and
a
certificate
of
registration
28
from
the
board
of
pharmacy.
For
the
purposes
of
this
chapter,
29
an
independent
laboratory
is
a
laboratory
operated
by
an
30
entity
that
has
no
equity
ownership
in
a
medical
cannabidiol
31
manufacturer.
32
NEW
SUBSECTION
.
5B.
“Marijuana”
means
any
derivative
of
33
marijuana
including
but
not
limited
to
medical
cannabidiol.
34
NEW
SUBSECTION
.
7A.
“Total
tetrahydrocannabinol”
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means
eighty-seven
and
seven-tenths
percent
of
the
1
amount
of
tetrahydrocannabinolic
acid
plus
the
amount
of
2
tetrahydrocannabinol.
3
Sec.
6.
Section
124E.4,
subsection
1,
unnumbered
paragraph
4
1,
Code
2020,
is
amended
to
read
as
follows:
5
Subject
to
subsection
7
,
the
department
may
approve
the
6
issuance
of
issue
a
medical
cannabidiol
registration
card
by
7
the
department
of
transportation
to
a
patient
who:
8
Sec.
7.
Section
124E.4,
subsection
1,
paragraph
d,
9
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
10
follows:
11
Submits
an
application
to
the
department,
on
a
form
created
12
by
the
department,
in
consultation
with
the
department
of
13
transportation,
that
contains
all
of
the
following:
14
Sec.
8.
Section
124E.4,
subsection
1,
paragraph
f,
Code
15
2020,
is
amended
by
striking
the
paragraph.
16
Sec.
9.
Section
124E.4,
subsection
2,
unnumbered
paragraph
17
1,
Code
2020,
is
amended
to
read
as
follows:
18
A
medical
cannabidiol
registration
card
issued
to
a
patient
19
by
the
department
of
transportation
pursuant
to
subsection
1
20
shall
contain,
at
a
minimum,
all
of
the
following:
21
Sec.
10.
Section
124E.4,
subsection
2,
paragraph
b,
Code
22
2020,
is
amended
by
striking
the
paragraph.
23
Sec.
11.
Section
124E.4,
subsection
3,
unnumbered
paragraph
24
1,
Code
2020,
is
amended
to
read
as
follows:
25
For
a
patient
in
a
primary
caregiver’s
care,
subject
to
26
subsection
7
,
the
department
may
approve
the
issuance
of
issue
27
a
medical
cannabidiol
registration
card
by
the
department
of
28
transportation
to
the
primary
caregiver
who:
29
Sec.
12.
Section
124E.4,
subsection
3,
paragraph
b,
30
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
31
follows:
32
Submits
an
application
to
the
department,
on
a
form
created
33
by
the
department,
in
consultation
with
the
department
of
34
transportation,
that
contains
all
of
the
following:
35
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Sec.
13.
Section
124E.4,
subsection
3,
paragraph
c,
Code
1
2020,
is
amended
by
striking
the
paragraph.
2
Sec.
14.
Section
124E.4,
subsection
4,
unnumbered
paragraph
3
1,
Code
2020,
is
amended
to
read
as
follows:
4
A
medical
cannabidiol
registration
card
issued
by
the
5
department
of
transportation
to
a
primary
caregiver
pursuant
to
6
subsection
3
shall
contain,
at
a
minimum,
all
of
the
following:
7
Sec.
15.
Section
124E.4,
subsection
4,
paragraph
b,
Code
8
2020,
is
amended
by
striking
the
paragraph.
9
Sec.
16.
Section
124E.4,
subsection
6,
Code
2020,
is
amended
10
by
striking
the
subsection.
11
Sec.
17.
Section
124E.5,
subsections
2
and
6,
Code
2020,
are
12
amended
to
read
as
follows:
13
2.
The
medical
cannabidiol
board
shall
convene
at
least
14
twice
but
no
more
than
four
times
per
year.
15
6.
The
medical
cannabidiol
board
may
recommend
a
statutory
16
revision
to
the
definition
of
medical
cannabidiol
contained
in
17
this
chapter
that
increases
the
tetrahydrocannabinol
level
to
18
more
than
three
percent,
however,
any
such
recommendation
shall
19
be
submitted
to
the
general
assembly
during
the
regular
session
20
of
the
general
assembly
following
such
submission.
The
general
21
assembly
shall
have
the
sole
authority
to
revise
the
definition
22
of
medical
cannabidiol
for
purposes
of
this
chapter
.
23
Sec.
18.
Section
124E.6,
subsection
4,
Code
2020,
is
amended
24
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
25
following:
26
4.
A
medical
cannabidiol
manufacturer
shall
contract
with
27
a
laboratory
to
perform
spot-check
testing
of
the
medical
28
cannabidiol
produced
by
the
medical
cannabidiol
manufacturer
29
as
provided
in
section
124E.7.
The
department
shall
require
30
that
the
laboratory
report
testing
results
to
the
medical
31
cannabidiol
manufacturer
and
the
department
as
determined
by
32
the
department
by
rule.
If
a
medical
cannabidiol
manufacturer
33
contracts
with
a
laboratory
other
than
the
state
hygienic
34
laboratory
at
the
university
of
Iowa
in
Iowa
City,
the
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department
shall
approve
the
laboratory
to
perform
testing
1
pursuant
to
this
chapter.
2
Sec.
19.
Section
124E.7,
subsection
1,
Code
2020,
is
amended
3
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
4
following:
5
1.
A
medical
cannabidiol
manufacturer
shall
contract
with
6
a
laboratory
to
perform
spot-check
testing
of
the
medical
7
cannabidiol
produced
by
the
medical
cannabidiol
manufacturer
as
8
to
content,
contamination,
and
consistency.
The
cost
of
all
9
laboratory
testing
shall
be
paid
by
the
medical
cannabidiol
10
manufacturer.
11
Sec.
20.
Section
124E.9,
Code
2020,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
13.
A
medical
cannabidiol
dispensary
14
shall
employ
a
pharmacist
or
pharmacy
technician
licensed
or
15
registered
pursuant
to
chapter
155A
for
the
purpose
of
making
16
dosing
recommendations.
17
NEW
SUBSECTION
.
14.
A
medical
cannabidiol
dispensary
shall
18
not
dispense
more
than
a
combined
total
of
four
and
one-half
19
grams
of
total
tetrahydrocannabinol
to
a
patient
and
the
20
patient’s
primary
caregiver
in
a
ninety-day
period,
except
as
21
provided
in
subsection
15.
22
NEW
SUBSECTION
.
15.
A
medical
cannabidiol
dispensary
23
may
dispense
more
than
a
combined
total
of
four
and
one-half
24
of
total
tetrahydrocannabinol
to
a
patient
and
the
patient’s
25
primary
caregiver
in
a
ninety-day
period
if
any
of
the
26
following
apply:
27
a.
The
health
care
practitioner
who
certified
the
patient
to
28
receive
a
medical
cannabidiol
registration
card
certifies
that
29
patient’s
debilitating
medical
condition
is
a
terminal
illness
30
with
a
life
expectancy
of
less
than
one
year.
A
certification
31
issued
pursuant
to
this
paragraph
shall
include
a
total
32
tetrahydrocannabinol
cap
deemed
appropriate
by
the
patient’s
33
health
care
practitioner.
34
b.
The
health
care
practitioner
who
certified
the
patient
to
35
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receive
a
medical
cannabidiol
registration
card
certifies
that
1
the
patient
has
participated
in
the
medical
cannabidiol
program
2
and
that
the
health
care
practitioner
has
determined
that
four
3
and
one-half
of
total
tetrahydrocannabinol
in
a
ninety-day
4
period
is
insufficient
to
treat
the
patient’s
debilitating
5
medical
condition.
A
certification
issued
pursuant
to
this
6
paragraph
shall
include
a
total
tetrahydrocannabinol
cap
deemed
7
appropriate
by
the
patient’s
health
care
practitioner.
8
Sec.
21.
Section
124E.11,
subsection
1,
paragraph
b,
9
subparagraph
(1),
subparagraph
divisions
(a)
and
(c),
Code
10
2020,
are
amended
to
read
as
follows:
11
(a)
To
authorized
employees
or
agents
of
the
department
and
12
the
department
of
transportation
as
necessary
to
perform
the
13
duties
of
the
department
and
the
department
of
transportation
14
pursuant
to
this
chapter
.
15
(c)
To
authorized
employees
of
a
medical
cannabidiol
16
dispensary,
but
only
for
the
purpose
purposes
of
verifying
that
17
a
person
is
lawfully
in
possession
of
a
medical
cannabidiol
18
registration
card
issued
pursuant
to
this
chapter
and
that
a
19
person
has
not
purchased
total
tetrahydrocannabinol
in
excess
20
of
the
amount
authorized
by
this
chapter
.
21
Sec.
22.
Section
124E.11,
subsection
1,
paragraph
b,
22
subparagraph
(1),
Code
2020,
is
amended
by
adding
the
following
23
new
subparagraph
division:
24
NEW
SUBPARAGRAPH
DIVISION
.
(e)
To
a
health
care
25
practitioner
for
the
purpose
of
determining
whether
a
patient
26
seeking
a
written
certification
pursuant
to
section
124E.3
has
27
already
received
a
written
certification
from
another
health
28
care
practitioner.
29
Sec.
23.
Section
124E.12,
subsection
7,
Code
2020,
is
30
amended
to
read
as
follows:
31
7.
Notwithstanding
any
law
to
the
contrary,
the
department,
32
the
department
of
transportation,
the
governor,
or
any
employee
33
of
any
state
agency
shall
not
be
held
civilly
or
criminally
34
liable
for
any
injury,
loss
of
property,
personal
injury,
or
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death
caused
by
any
act
or
omission
while
acting
within
the
1
scope
of
office
or
employment
as
authorized
under
this
chapter
.
2
Sec.
24.
NEW
SECTION
.
124E.20
Observational
effectiveness
3
study.
4
The
department
may
conduct
an
observational
effectiveness
5
study
in
cooperation
with
patients
and
health
care
6
practitioners
and
pursuant
to
rules
of
the
department
in
order
7
to
study
the
effectiveness
of
medical
cannabidiol
in
the
8
treatment
of
debilitating
medical
conditions.
9
Sec.
25.
NEW
SECTION
.
124E.21
Employer
regulation
of
10
marijuana
use.
11
1.
Nothing
in
this
chapter
shall
require
an
employer
12
to
permit
or
accommodate
the
use,
consumption,
possession,
13
transfer,
display,
transportation,
distribution,
sale,
or
14
growing
of
marijuana
in
the
workplace.
15
2.
Nothing
in
this
chapter
shall
prohibit
an
employer
from
16
implementing
policies
restricting
the
use
of
marijuana
by
17
employees
for
the
purpose
of
promoting
workplace
health
and
18
safety.
19
3.
Nothing
in
this
chapter
shall
prohibit
an
employer
20
from
including
in
a
contract
with
an
employee
a
provision
21
prohibiting
the
use
of
marijuana.
22
4.
Nothing
in
this
chapter
shall
prohibit
an
employer
23
from
establishing
and
enforcing
a
zero-tolerance
drug
policy
24
or
a
drug-free
workplace
by
use
of
a
drug
testing
policy
in
25
accordance
with
section
730.5
or
any
other
procedures
provided
26
by
federal
statutes,
federal
regulations,
or
orders
issued
27
pursuant
to
federal
law.
28
Sec.
26.
NEW
SECTION
.
124E.22
Regulation
of
marijuana
29
use
by
government
medical
assistance
programs,
private
health
30
insurers,
and
other
entities.
31
Nothing
in
this
chapter
shall
require
a
government
32
medical
assistance
program,
private
health
insurer,
workers’
33
compensation
carrier,
or
self-insured
employer
providing
34
workers’
compensation
benefits
to
reimburse
a
person
for
costs
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associated
with
the
medical
use
of
marijuana.
1
Sec.
27.
NEW
SECTION
.
124E.23
Regulation
of
marijuana
use
2
on
property.
3
Nothing
in
this
chapter
shall
require
a
person
that
owns,
4
occupies,
or
controls
a
property
to
allow
the
use,
consumption,
5
possession,
transfer,
display,
transportation,
distribution,
6
sale,
or
growing
of
marijuana
on
or
in
that
property.
7
Sec.
28.
NEW
SECTION
.
124E.24
Limitation
of
liability.
8
Nothing
in
this
chapter
shall
create
any
claim,
cause
of
9
action,
sanction,
or
penalty,
for
discrimination
or
under
10
any
other
theory
of
liability,
under
chapter
216
or
any
11
other
provision
of
law,
based
on
an
act,
omission,
policy,
or
12
contractual
provision
permissible
under
this
chapter
including
13
but
not
limited
to
refusing
to
hire,
discharging,
disciplining,
14
discriminating,
retaliating,
or
otherwise
taking
any
adverse
15
employment
action
against
a
person
with
respect
to
hiring,
16
tenure,
or
any
terms,
conditions,
or
privileges
of
employment.
17
Sec.
29.
NEW
SECTION
.
124E.25
Cannabis-derived
products
18
——
exemption.
19
This
chapter
shall
not
apply
to
any
cannabis-derived
20
investigational
product
or
cannabis-derived
product
approved
as
21
a
prescription
drug
medication
by
the
United
States
food
and
22
drug
administration.
23
Sec.
30.
NEW
SECTION
.
124E.26
Applicability.
24
The
provisions
of
this
chapter
apply
notwithstanding
any
25
other
provision
of
law
to
the
contrary.
26
Sec.
31.
PROTECTION
OF
FEDERAL
FUNDING.
The
department
27
of
public
health
shall
request
guarantees
from
the
agencies
28
of
the
federal
government
providing
funding
to
educational
29
and
long-term
care
facilities
that
facilities
with
policies
30
allowing
patients
to
possess
medical
cannabidiol
on
the
grounds
31
of
the
facilities
consistent
with
chapter
124E
or
allowing
32
facility
staff
to
administer
medical
cannabidiol
to
a
patient
33
shall
not
lose
eligibility
for
any
federal
funding
due
to
such
34
policies.
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