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SF 266
SF 266 would make a narrow exception to Iowa’ criminal laws to prevent seriously ill patients from being arrested and jailed for the doctor-advised medical use of marijuana. The health department would issue medical marijuana ID cards, which make it easy for police to verify that a patient is allowed to use medical marijuana. A patient or caregiver with an ID card and a specified amount of medical marijuana would not be subject to arrest, as long as he or she is in compliance with the law. The ID cards could be revoked for a violation of the law. To qualify for an ID card, a patient would have to submit a physician’s certification that the patient would be likely to receive therapeutic or palliative benefit from marijuana and that the patient has a qualifying condition such as cancer, HIV/AIDS, hepatitis C, or a debilitating condition causing severe pain.
Patients could obtain their medical marijuana from a state-regulated, non-profit compassion center. The department of health would set rules on security, recordkeeping, and oversight. Compassion centers would be subject to inspections, and all of their staff would have to register with the health department and be subject to background checks. Many patients would not live close to a compassion center or would not be able to afford medical marijuana purchased from one. Patients could designate a caregiver to grow their medicine for them. Any marijuana would have to be grown in an enclosed, locked area.
Seriously ill patients whose doctors recommend medical marijuana could raise a medical necessity defense in court.
The bill maintains commonsense restrictions, including prohibitions on public use of marijuana and driving under the influence. Employers would not be required to allow patients to be impaired at work or possess marijuana at a workplace.
