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Home » US Law » 2022 Iowa Code » Title IV - PUBLIC HEALTH » Chapter 124E - MEDICAL CANNABIDIOL ACT

Section 124E.1 – Short title.

124E.1 Short title. This chapter shall be known and may be cited as the “Medical Cannabidiol Act”. 2017 Acts, ch 162, §4, 25

Section 124E.10 – Fees.

124E.10 Fees. All fees collected by the department under this chapter shall be retained by the department for operation of the medical cannabidiol registration card program and the medical cannabidiol manufacturer and medical cannabidiol dispensary licensing programs. The moneys retained by the department shall be considered repayment receipts as defined in section 8.2 and shall […]

Section 124E.11 – Department duties — rules.

124E.11 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 medical cannabidiol registration card and the name of each primary caregiver to whom the department issues a medical cannabidiol registration card under section 124E.4. b. Individual names […]

Section 124E.12 – Use of medical cannabidiol — affirmative defenses.

124E.12 Use of medical cannabidiol — affirmative defenses. 1. A health care practitioner, including any authorized agent or employee thereof, shall not be subject to prosecution for the unlawful certification, possession, or administration of marijuana under the laws of this state for activities arising directly out of or directly related to the certification or use […]

Section 124E.13 – Medical cannabidiol source.

124E.13 Medical cannabidiol source. Medical cannabidiol provided exclusively pursuant to a written certification of a health care practitioner, if not legally available in this state or from any other bordering state, shall be obtained from an out-of-state source. 2017 Acts, ch 162, §16, 25

Section 124E.14 – Out-of-state medical cannabidiol dispensaries.

124E.14 Out-of-state medical cannabidiol dispensaries. The department of public health shall utilize a request for proposals process to select and license by December 1, 2017, up to two out-of-state medical cannabidiol dispensaries from a bordering state to sell and dispense medical cannabidiol to a patient or primary caregiver in possession of a valid medical cannabidiol […]

Section 124E.16 – Penalties.

124E.16 Penalties. 1. A person who knowingly or intentionally possesses or uses medical cannabidiol in violation of the requirements of this chapter is subject to the penalties provided under chapters 124 and 453B. 2. A medical cannabidiol manufacturer or a medical cannabidiol dispensary shall be assessed a civil penalty of up to one thousand dollars […]

Section 124E.18 – Reciprocity.

124E.18 Reciprocity. A valid medical cannabidiol registration card, or its equivalent, issued under the laws of another state that allows an out-of-state patient to possess or use medical cannabidiol in the jurisdiction of issuance shall have the same force and effect as a valid medical cannabidiol registration card issued pursuant to this chapter, except that […]

Section 124E.19 – Background investigations.

124E.19 Background investigations. 1. The division of criminal investigation of the department of public safety shall conduct thorough background investigations for the purposes of licensing medical cannabidiol manufacturers and medical cannabidiol dispensaries under this chapter. The results of any background investigation conducted pursuant to this section shall be presented to the department. a. An applicant […]

Section 124E.2 – Definitions.

124E.2 Definitions. As used in this chapter: 1. “Bordering state” means the same as defined in section 331.910. 2. “Debilitating medical condition” means any of the following: a. Cancer, if the underlying condition or treatment produces one or more of the following: (1) Severe or chronic pain. (2) Nausea or severe vomiting. (3) Cachexia or […]

Section 124E.20 – Observational effectiveness study.

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. 2020 Acts, ch 1116, §24

Section 124E.21 – Employer regulation of marijuana use.

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 […]

Section 124E.22 – Regulation of marijuana use by government medical assistance programs, private health insurers, and other entities.

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’ compensation carrier, or self-insured employer providing workers’ compensation benefits to reimburse a person for costs associated with the medical use of marijuana. 2020 Acts, […]

Section 124E.23 – Regulation of marijuana use on property.

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. 2020 Acts, ch 1116, §27

Section 124E.24 – Limitation of liability.

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 […]

Section 124E.25 – Cannabis-derived products — exemption.

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. 2020 Acts, ch 1116, §29

Section 124E.26 – Applicability.

124E.26 Applicability. The provisions of this chapter apply notwithstanding any other provision of law to the contrary. 2020 Acts, ch 1116, §30

Section 124E.3 – Health care practitioner certification — duties.

124E.3 Health care practitioner certification — duties. 1. Prior to a patient’s submission of an application for a medical cannabidiol registration card pursuant to section 124E.4, a health care practitioner shall do all of the following: a. Determine, in the health care practitioner’s medical judgment, whether the patient whom the health care practitioner has examined […]