Bill Text: IA SF2360 | 2013-2014 | 85th General Assembly | Enrolled

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Bill Title: A bill for an act creating the medical cannabidiol Act and providing penalties. (Formerly SSB 3222.) Effective 7-1-14.

Spectrum: Committee Bill

Status: (Passed) 2014-05-30 - Signed by Governor. S.J. 930. [SF2360 Detail]

Download: Iowa-2013-SF2360-Enrolled.html

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Senate File 2360
AN ACT
CREATING THE MEDICAL CANNABIDIOL ACT AND PROVIDING PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 124.401, subsection 5, Code 2014, is
amended by adding the following new unnumbered paragraph after
unnumbered paragraph 2:
NEW UNNUMBERED PARAGRAPH . A person may knowingly or
intentionally recommend, possess, use, dispense, deliver,
transport, or administer cannabidiol if the recommendation,
possession, use, dispensing, delivery, transporting, or
administering is in accordance with the provisions of chapter
124D. For purposes of this paragraph, “cannabidiol” means the
same as defined in section 124D.2.
Sec. 2. NEW SECTION . 124D.1 Short title.
This chapter shall be known and may be cited as the “Medical
Cannabidiol Act” .

Senate File 2360, p. 2
Sec. 3. NEW SECTION . 124D.2 Definitions.
As used in this chapter:
1. “Cannabidiol” means a nonpsychoactive cannabinoid found
in the plant Cannabis sativa L. or Cannabis indica or any
other preparation thereof that is essentially free from plant
material, and has a tetrahydrocannabinol level of no more than
three percent.
2. “Department” means the department of public health.
3. “ Intractable epilepsy” means an epileptic seizure
disorder for which standard medical treatment does not prevent
or significantly ameliorate recurring, uncontrolled seizures or
for which standard medical treatment results in harmful side
effects.
4. “Neurologist” means an allopathic or osteopathic
physician board-certified in neurology in good standing and
licensed under chapter 148.
5. “Primary caregiver” means a person, at least eighteen
years of age, who has been designated by a patient’s
neurologist or a person having custody of a patient, as being
necessary to take responsibility for managing the well-being
of the patient with respect to the medical use of cannabidiol
pursuant to the provisions of this chapter.
Sec. 4. NEW SECTION . 124D.3 Neurologist recommendation ——
medical use of cannabidiol.
A neurologist who has examined and treated a patient
suffering from intractable epilepsy may provide but has no
duty to provide a written recommendation for the patient’s
medical use of cannabidiol to treat or alleviate symptoms of
intractable epilepsy if no other satisfactory alternative
treatment options exist for the patient and all of the
following conditions apply:
1. The patient is a permanent resident of this state.
2. A neurologist has treated the patient for intractable
epilepsy for at least six months. For purposes of this
treatment period, and notwithstanding section 124D.2,
subsection 4, treatment provided by a neurologist may include
treatment by an out-of-state licensed neurologist in good
standing.
3. The neurologist has tried alternative treatment options
that have not alleviated the patient’s symptoms.
4. The neurologist determines the risks of recommending
the medical use of cannabidiol are reasonable in light of the
potential benefit for the patient.

Senate File 2360, p. 3
5. The neurologist maintains a patient treatment plan.
Sec. 5. NEW SECTION . 124D.4 Cannabidiol registration card.
1. Issuance to patient. The department may approve the
issuance of a cannabidiol registration card by the department
of transportation to a patient who:
a. Is at least eighteen years of age.
b. Is a permanent resident of this state.
c. Requests the patient’s neurologist to submit a written
recommendation to the department signed by the neurologist that
the patient may benefit from the medical use of cannabidiol
pursuant to section 124D.3.
d. 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:
(1) The patient’s full name, Iowa residence address, date
of birth, and telephone number.
(2) A copy of the patient’s valid photo identification.
(3) Full name, address, and telephone number of the
patient’s neurologist.
(4) Full name, residence address, date of birth, and
telephone number of each primary caregiver of the patient, if
any.
(5) Any other information required by rule.
2. Patient card contents. A 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:
a. The patient’s full name, Iowa residence address, and date
of birth.
b. The patient’s photo.
c. The date of issuance and expiration date of the
registration card.
d. Any other information required by rule.
3. Issuance to primary caregiver. For a patient in a
primary caregiver’s care, the department may approve the
issuance of a cannabidiol registration card by the department
of transportation to the primary caregiver who:
a. Is at least eighteen years of age.
b. Requests a patient’s neurologist to submit a written
recommendation to the department signed by the neurologist that
a patient in the primary caregiver’s care may benefit from the
medical use of cannabidiol pursuant to section 124D.3.
c. Submits an application to the department, on a form

Senate File 2360, p. 4
created by the department, in consultation with the department
of transportation, that contains all of the following:
(1) The primary caregiver’s full name, residence address,
date of birth, and telephone number.
(2) The patient’s full name.
(3) A copy of the primary caregiver’s valid photo
identification.
(4) Full name, address, and telephone number of the
patient’s neurologist.
(5) Any other information required by rule.
4. Primary caregiver card contents. A 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:
a. The primary caregiver’s full name, residence address, and
date of birth.
b. The primary caregiver’s photo.
c. The date of issuance and expiration date of the
registration card.
d. The full name of each patient in the primary caregiver’s
care.
e. Any other information required by rule.
5. Expiration date of card. A cannabidiol registration card
issued pursuant to this section shall expire one year after the
date of issuance and may be renewed.
6. Card issuance —— department of transportation. The
department may enter into a chapter 28E agreement with the
department of transportation to facilitate the issuance of a
cannabidiol registration card pursuant to subsections 1 and 3.
Sec. 6. NEW SECTION . 124D.5 Department duties —— rules.
1. a. The department shall maintain a confidential file
of the names of each patient to or for whom the department
issues a cannabidiol registration card and the name of each
primary caregiver to whom the department issues a cannabidiol
registration card under section 124D.4.
b. Individual names contained in the file shall be
confidential and shall not be subject to disclosure, except as
provided in subparagraph (1).
(1) Information in the confidential file maintained
pursuant to paragraph “a” may be released to the following
persons under the following circumstances:
(a) To authorized employees or agents of the department and
the department of transportation as necessary to perform the

Senate File 2360, p. 5
duties of the department and the department of transportation
pursuant to this chapter.
(b) To authorized employees of state or local law
enforcement agencies, but only for the purpose of verifying
that a person is lawfully in possession of a cannabidiol
registration card issued pursuant to this chapter.
(2) Release of information pursuant to subparagraph
(1) shall be consistent with the federal Health Insurance
Portability and Accountability Act of 1996, Pub. L. No.
104-191.
2. The department, in consultation with the department of
transportation, shall adopt rules to administer this chapter
which shall include but not be limited to rules to establish
the manner in which the department shall consider applications
for new and renewal cannabidiol registration cards.
Sec. 7. NEW SECTION . 124D.6 Medical use of cannabidiol ——
affirmative defense.
1. a. A recommendation for the possession or use of
cannabidiol as authorized by this chapter shall be provided
exclusively by a neurologist for a patient who has been
diagnosed with intractable epilepsy.
b. Cannabidiol provided exclusively pursuant to the
recommendation of a neurologist shall be obtained from an
out-of-state source and shall only be recommended for oral or
transdermal administration.
c. A neurologist shall be the sole authorized recommender
as part of the treatment plan by the neurologist of a patient
diagnosed with intractable epilepsy. A neurologist shall
have the sole authority to recommend the use or amount of
cannabidiol, if any, in the treatment plan of a patient
diagnosed with intractable epilepsy.
2. A neurologist, including any authorized agent thereof,
shall not be subject to prosecution for the unlawful
recommendation, possession, or administration of marijuana
under the laws of this state for activities arising directly
out of or directly related to the recommendation or use of
cannabidiol in the treatment of a patient diagnosed with
intractable epilepsy.
3. a. In a prosecution for the unlawful possession of
marijuana under the laws of this state, including but not
limited to chapters 124 and 453B, it is an affirmative and
complete defense to the prosecution that the patient has
been diagnosed with intractable epilepsy, used or possessed

Senate File 2360, p. 6
cannabidiol pursuant to a recommendation by a neurologist as
authorized under this chapter, and, for a patient eighteen
years of age or older, is in possession of a valid cannabidiol
registration card.
b. In a prosecution for the unlawful possession of
marijuana under the laws of this state, including but not
limited to chapters 124 and 453B, it is an affirmative and
complete defense to the prosecution that the person possessed
cannabidiol because the person is a primary caregiver of a
patient who has been diagnosed with intractable epilepsy and
is in possession of a valid cannabidiol registration card, and
where the primary caregiver’s possession of the cannabidiol
is on behalf of the patient and for the patient’s use only as
authorized under this chapter.
c. (1) The defenses afforded a patient under paragraph
“a” apply to a patient only if the quantity of cannabidiol oil
possessed by the patient does not exceed thirty-two ounces.
(2) The defenses afforded a primary caregiver under
paragraph “b” apply to a primary caregiver only if the quantity
of cannabidiol oil possessed by the primary caregiver does not
exceed thirty-two ounces per patient.
d. If a patient or primary caregiver is charged with
the commission of a crime and is not in possession of the
person’s cannabidiol registration card, any charge or charges
filed against the person shall be dismissed by the court if
the person produces to the court at the person’s trial a
cannabidiol registration card issued to that person and valid
at the time the person was charged.
4. An agency of this state or a political subdivision
thereof, including any law enforcement agency, shall not
remove or initiate proceedings to remove a patient under the
age of eighteen from the home of a parent based solely upon
the parent’s or patient’s possession or use of cannabidiol as
authorized under this chapter.
Sec. 8. NEW SECTION . 124D.7 Penalties.
A person who knowingly or intentionally possesses or uses
cannabidiol in violation of the requirements of this chapter is
subject to the penalties provided under chapters 124 and 453B.
Sec. 9. NEW SECTION . 124D.8 Repeal.
This chapter is repealed July 1, 2017.
Sec. 10. REPORTS. The university of Iowa carver college of
medicine and college of pharmacy shall, on or before July 1 of
each year, beginning July 1, 2015, submit a report detailing

Senate File 2360, p. 7
the scientific literature, studies, and clinical trials
regarding the use of cannabidiol on patients diagnosed with
intractable epilepsy to the department of public health and the
general assembly.
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2360, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor