Bill Text: IA HF282 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of medical cannabidiol, by altering the list of debilitating medical conditions and changing the definition of medical cannabidiol under the medical cannabidiol Act, and exempting sales of medical cannabidiol products from Iowa sales tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-05 - Subcommittee: Klein, Breckenridge and Holt. H.J. 198. [HF282 Detail]
Download: Iowa-2019-HF282-Introduced.html
House
File
282
-
Introduced
HOUSE
FILE
282
BY
KAUFMANN
A
BILL
FOR
An
Act
relating
to
the
regulation
of
medical
cannabidiol,
by
1
altering
the
list
of
debilitating
medical
conditions
and
2
changing
the
definition
of
medical
cannabidiol
under
the
3
medical
cannabidiol
Act,
and
exempting
sales
of
medical
4
cannabidiol
products
from
Iowa
sales
tax.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
2011YH
(2)
88
ss/rh
H.F.
282
Section
1.
Section
124E.2,
subsections
2
and
6,
Code
2019,
1
are
amended
to
read
as
follows:
2
2.
“Debilitating
medical
condition”
means
any
of
the
3
following:
4
a.
Cancer,
if
the
underlying
condition
or
treatment
produces
5
one
or
more
of
the
following:
6
(1)
Severe
or
chronic
pain.
7
(2)
Nausea
or
severe
vomiting.
8
(3)
Cachexia
or
severe
wasting.
9
b.
Multiple
sclerosis
with
severe
and
persistent
muscle
10
spasms
.
11
c.
Seizures,
including
those
characteristic
of
epilepsy.
12
d.
AIDS
or
HIV
as
defined
in
section
141A.1
.
13
e.
Crohn’s
disease.
14
f.
Amyotrophic
lateral
sclerosis.
15
g.
Any
terminal
illness,
with
a
probable
life
expectancy
of
16
under
one
year,
if
the
illness
or
its
treatment
produces
one
or
17
more
of
the
following:
18
(1)
Severe
or
chronic
pain.
19
(2)
Nausea
or
severe
vomiting.
20
(3)
Cachexia
or
severe
wasting.
21
h.
Parkinson’s
disease.
22
i.
Untreatable
pain
Severe
or
chronic
pain
.
23
j.
Any
other
medical
condition
for
which
the
patient’s
24
health
care
practitioner
determines
the
use
of
medical
25
cannabidiol
could
be
medically
beneficial.
26
6.
“Medical
cannabidiol”
means
any
pharmaceutical
27
grade
cannabinoid
found
in
the
plant
Cannabis
sativa
L.
or
28
Cannabis
indica
or
any
other
preparation
thereof
that
has
29
a
tetrahydrocannabinol
level
of
no
more
than
three
percent
30
and
that
is
delivered
in
a
form
recommended
by
the
medical
31
cannabidiol
board,
approved
by
the
board
of
medicine,
and
32
adopted
by
the
department
pursuant
to
rule.
33
Sec.
2.
Section
124E.2,
subsection
8,
Code
2019,
is
amended
34
by
striking
the
subsection.
35
-1-
LSB
2011YH
(2)
88
ss/rh
1/
3
H.F.
282
Sec.
3.
Section
124E.3,
subsection
1,
paragraph
a,
Code
1
2019,
is
amended
to
read
as
follows:
2
a.
(1)
Determine,
in
the
health
care
practitioner’s
medical
3
judgment,
whether
the
patient
whom
the
health
care
practitioner
4
has
examined
and
treated
suffers
from
a
debilitating
medical
5
condition
that
qualifies
for
the
use
of
medical
cannabidiol
6
under
this
chapter
,
and
if
so
determined,
provide
the
patient
7
with
a
written
certification
of
that
diagnosis.
8
(2)
If
a
health
care
practitioner
determines
that
the
9
patient
whom
the
health
care
practitioner
has
examined
and
10
treated
suffers
from
a
debilitating
medical
condition
pursuant
11
to
section
124E.2,
subsection
2,
paragraph
“j”
,
that
qualifies
12
for
the
use
of
medical
cannabidiol
under
this
chapter,
the
13
health
care
practitioner’s
written
certification
shall
be
based
14
on
reasonable
medical
evidence,
and
shall
be
made
in
good
15
faith,
in
the
best
interest
of
the
patient,
without
fraudulent
16
intent,
and
with
the
same
reasonable
medical
judgment
and
17
prudence
exercised
according
to
generally
accepted
medical
18
practice.
19
Sec.
4.
Section
124E.5,
subsection
6,
Code
2019,
is
amended
20
by
striking
the
subsection.
21
Sec.
5.
Section
423.3,
Code
2019,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
107.
The
sales
price
of
any
medical
24
cannabidiol
product
sold
by
a
medical
cannabidiol
manufacturer
25
or
a
medical
cannabidiol
dispensary
pursuant
to
chapter
124E.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
regulation
of
medical
cannabidiol.
30
The
bill
amends
the
definition
of
“debilitating
medical
31
condition”
under
the
medical
cannabidiol
Act
(Code
chapter
32
124E)
by
removing
the
requirement
that
multiple
sclerosis
be
33
accompanied
by
severe
and
persistent
muscle
spasms,
replacing
34
the
term
“untreatable
pain”
with
“severe
or
chronic
pain”,
and
35
-2-
LSB
2011YH
(2)
88
ss/rh
2/
3
H.F.
282
including
any
medical
condition
for
which
a
patient’s
health
1
care
practitioner
determines
the
use
of
medical
cannabidiol
2
could
be
medically
beneficial.
3
The
bill
requires
that
any
certification
made
by
a
health
4
care
practitioner
for
a
patient
for
a
debilitating
medical
5
condition
not
explicitly
included
on
the
list
of
debilitating
6
medical
conditions
shall
be
made
by
a
health
care
practitioner
7
pursuant
to
reasonable
medical
evidence,
in
good
faith,
in
8
the
best
interest
of
the
patient,
without
fraudulent
intent,
9
and
with
the
same
reasonable
medical
judgment
and
prudence
10
exercised
according
to
generally
accepted
medical
practice.
11
Under
current
law,
a
health
care
practitioner
may
only
issue
12
a
written
certification
for
a
debilitating
medical
condition
13
explicitly
included
on
the
list
of
debilitating
medical
14
conditions.
A
written
certification
may
be
renewed
on
an
15
annual
basis
if
the
health
care
practitioner
determines
that
16
the
patient
continues
to
suffer
from
the
debilitating
medical
17
condition.
18
The
bill
alters
the
definition
of
medical
cannabidiol
by
19
removing
the
requirements
that
medical
cannabidiol
be
any
20
pharmaceutical
grade
cannabinoid
and
that
the
cannabinoid
has
a
21
tetrahydrocannabinol
(THC)
level
of
3
percent
or
less.
22
The
bill
removes
the
authority
of
the
medical
cannabidiol
23
board
to
recommend
increasing
the
THC
level
in
medical
24
cannabidiol
to
more
than
3
percent.
25
The
bill
exempts
sales
of
medical
cannabidiol
products
by
26
a
medical
cannabidiol
manufacturer
or
a
medical
cannabidiol
27
dispensary
pursuant
to
Code
chapter
124E
from
sales
tax.
28
-3-
LSB
2011YH
(2)
88
ss/rh
3/
3
