This fact sheet was prepared by the Iowa Office of Drug Control Policy
(http://www.iowa.gov/odcp) for informational purposes only. ODCP does not
dispense legal advice. Please seek legal counsel as warranted.
·
The IMCA passed by the Legislature in April 2014 and signed
into law by Governor Branstad May 30, 2014, is effective July 1, 2014. The Iowa
Department of Public Health is currently developing administrative rules and an
implementation plan for SF 2360.
·
CBD, or cannabidiol, is defined in the IMCA as “a
non-psychoactive 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.” (Tetrahydrocannabinol,
or THC is a psychoactive compound in cannabis.)
·
CBD may be used by patients with “intractable epilepsy,”
defined in the IMCA as “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.”
·
For a patient or primary caregiver to legally possess or use
CBD in Iowa, they must have an Iowa registration card recommended by an
Iowa-licensed neurologist, approved by the Iowa Department of Public Health and
issued by the Iowa Department of Transportation. The card must be renewed
annually. The IMCA does not recognize cards from other states.
·
An Iowa-licensed neurologist may submit a written form to the
Iowa Department of Public Health recommending a CBD registration card for
patients with intractable epilepsy who have undergone at least six months of
other unsuccessful treatment by a neurologist.
·
“Primary caregivers” of Iowa patients may also qualify for an
Iowa CBD registration card. Primary caregiver is defined in the IMCA as “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.”
·
CBD cards issued to patients or primary givers by the Iowa
Department of Transportation, at a minimum, must include the following
cardholder information: full name, Iowa residence, date of birth, photo, card
issuance and expiration dates, and information required by rules.
·
Administration of CBD to registered Iowa patients is limited
to oral and transdermal forms (no smoking). CBD used for these purposes is
often produced in a solution.
·
Registered Iowa patients or primary caregivers may possess up
to 32 ounces per patient (estimated five to six month supply).
·
CBD must come from out-of-state sources. The IMCA does not
permit CBD production/cultivation, sales or other distribution in Iowa.
·
Iowa patients, primary caregivers and neurologists who comply
with the IMCA are not subject to criminal prosecution for violating Iowa
marijuana laws. The possession or use of CBD in compliance with the IMCA is an
affirmative and complete defense.
The Iowa Department of Public Health is in the process of implementing the
IMCA, and is developing administrative rules to provide additional guidance.
The IMCA may be reviewed at:
http://coolice.legis.iowa.gov/linc/85/external/SF2360_Enrolled.pdf. For additional
information on the IMCA, please contact: Jill Myers-Geadelmann, Iowa Department
of Public Health, Chronic Disease Prevention and Management Bureau by phone at
515-242-6067 or by email at Jill.Myers-Geadelmann@idph.iowa.gov