2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124E - MEDICAL CANNABIDIOL ACT › Section 124E.9 - Medical cannabidiol dispensaries.

124E.9 Medical cannabidiol dispensaries.
1. a. The medical cannabidiol dispensaries shall be located based on geographical need throughout the state to improve patient access.
b. A medical cannabidiol dispensary may dispense medical cannabidiol pursuant to the provisions of this chapter but shall not dispense any medical cannabidiol in a form or quantity other than the form or quantity allowed by the department pursuant to rule.
2. The operating documents of a medical cannabidiol dispensary shall include all of the following:
a. Procedures for the oversight of the medical cannabidiol dispensary and procedures to ensure accurate recordkeeping.
b. Procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabidiol and unauthorized entrance into areas containing medical cannabidiol.
3. A medical cannabidiol dispensary shall implement security requirements, including requirements for protection by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.
4. A medical cannabidiol dispensary shall not share office space with, refer patients to, or have any financial relationship with a health care practitioner.
5. A medical cannabidiol dispensary shall not permit any person to consume medical cannabidiol on the property of the medical cannabidiol dispensary.
6. A medical cannabidiol dispensary is subject to reasonable inspection by the department.
7. A medical cannabidiol dispensary shall not employ a person who is under eighteen years of age or who has been convicted of a disqualifying felony offense. An employee of a medical cannabidiol dispensary shall be subject to a background investigation conducted by the division of criminal investigation of the department of public safety and a national criminal history background check pursuant to section 124E.19.
8. A medical cannabidiol dispensary owner shall not have been convicted of a disqualifying felony offense and shall be subject to a background investigation conducted by the division of criminal investigation of the department of public safety and a national criminal history background check pursuant to section 124E.19.
9. A medical cannabidiol dispensary shall not operate at the same physical location as a medical cannabidiol manufacturer.
10. A medical cannabidiol dispensary shall not operate in any location within one thousand feet of a public or private school existing before the date of the medical cannabidiol dispensary’s licensure by the department.
11. A medical cannabidiol dispensary shall comply with reasonable restrictions set by the department relating to signage, marketing, display, and advertising of medical cannabidiol.
12. Prior to dispensing of any medical cannabidiol, a medical cannabidiol dispensary shall do all of the following:
a. Verify that the medical cannabidiol dispensary has received a valid medical cannabidiol registration card from a patient or a patient’s primary caregiver, if applicable.
b. Assign a tracking number to any medical cannabidiol dispensed from the medical cannabidiol dispensary.
c. Properly package medical cannabidiol in compliance with federal law regarding child resistant packaging and exemptions for packaging for elderly patients, and label medical cannabidiol with a list of all active ingredients and individually identifying information.
13. A medical cannabidiol dispensary shall employ a pharmacist or pharmacy technician licensed or registered pursuant to chapter 155A for the purpose of making dosing recommendations.
14. A medical cannabidiol dispensary shall not dispense more than a combined total of four and one-half grams of total tetrahydrocannabinol to a patient and the patient’s primary caregiver in a ninety-day period, except as provided in subsection 15.
15. A medical cannabidiol dispensary may dispense more than a combined total of four and one-half grams of total tetrahydrocannabinol to a patient and the patient’s primary caregiver in a ninety-day period if any of the following apply:
a. The health care practitioner who certified the patient to receive a medical cannabidiol registration card certifies that patient’s debilitating medical condition is a terminal illness with a life expectancy of less than one year. A certification issued pursuant to this paragraph shall include a total tetrahydrocannabinol cap deemed appropriate by the patient’s health care practitioner.
b. The health care practitioner who certified the patient to receive a medical cannabidiol registration card certifies that the patient has participated in the medical cannabidiol program and that the health care practitioner has determined that four and one-half grams of total tetrahydrocannabinol in a ninety-day period is insufficient to treat the patient’s debilitating medical condition. A certification issued pursuant to this paragraph shall include a total tetrahydrocannabinol cap deemed appropriate by the patient’s health care practitioner.
2017 Acts, ch 162, §12, 25; 2018 Acts, ch 1165, §123, 126; 2020 Acts, ch 1116, §20; 2020 Acts, ch 1121, §62, 70