Iowa Admin. Code r. 641-154.4 - Medical cannabidiol registration card-reciprocity
A medical cannabidiol registration card shall hold reciprocity with other states pursuant to Iowa Code section 124E.18.
(1) A patient with a valid registration card
from another state or jurisdiction shall maintain the affirmative defense for
possession of medical cannabidiol, provided the form of cannabis product in the
patient's possession is allowable in Iowa.
(2) A patient with a valid registration card
under the laws of another state or jurisdiction has no affirmative defense for
medical cannabidiol if the cannabis product in the patient's possession is
prohibited in Iowa. Prohibited forms of medical cannabidiol include:
a. Raw cannabis flower that may be combusted
or smoked;
b. Edible products with
a total THC concentration greater than 0.3 percent that is not a consumable
hemp product.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) For a patient in a primary caregiver's care, the department may issue a medical cannabidiol registration to a primary caregiver who:
a. Is at least 18 years of age.
b. Submits a written certification to the department, provided to the patient pursuant to rule 641-154.2 (124E) and signed by the patient's health care practitioner certifying that the patient is suffering from a debilitating medical condition.
c. Submits an application as a primary caregiver for each patient for whom the person is the primary caregiver. The primary caregiver application must be on a form created by the department and available at the department's website(www.idph.iowa.gov )that contains all of the following:
(1) The primary caregiver's full legal name, residence address, mailing address (if different from the primary caregiver's residence address), telephone number, date of birth, and sex designation. The primary caregiver shall not provide as a mailing address an address for which a forwarding order is in place.
(2) The patient's full legal name, date of birth, and parent or legal guardian's name if the patient is under the age of 18.
(3) A copy of the primary caregiver's valid photo identification. Acceptable photo identification includes:
1. A valid Iowa driver's license,
2. A valid Iowa nonoperator's identification card,
3. If the primary caregiver is not a resident of the state of Iowa, a valid state-issued driver's license or nonoperator's identification card issued by a state other than Iowa, or
4. An alternative form of valid photo identification. A primary caregiver who possesses or is eligible for a driver's license or a nonoperator's identification card shall present such document as valid photo identification. A primary caregiver who is ineligible to obtain a driver's license or a nonoperator's identification card may apply for an exemption and request submission of an alternative form of valid photo identification. A primary caregiver who applies for an exemption is subject to verification of the primary caregiver's identity through a process established by the department to ensure the genuineness, regularity, and legality of the alternative form of valid photo identification.
(4) Full name, address, and telephone number of the patient's health care practitioner.
(5) An attestation as to the truthfulness and accuracy of the information provided by the primary caregiver on the application.
d. Submits the required fee, as described in subrule 154.12(2).
(2) Upon the completion, verification, and approval of the primary caregiver's application, the department shall issue a medical cannabidiol registration card to the primary caregiver.
(3) A medical cannabidiol registration card issued to a primary caregiver shall contain all of the following:
a. The primary caregiver's full legal name, current residence address, date of birth, and sex designation, as shown on the primary caregiver's state-issued driver's license, nonoperator's identification card, or alternative form of valid photo identification provided pursuant to paragraph 154.4(1) "c" (3)"4." If the primary caregiver's name, current residence address, date of birth, or sex designation has changed since issuance of the primary caregiver's Iowa-issued driver's license, nonoperator's identification card, or other form of valid photo identification, the primary caregiver shall first update the primary caregiver's Iowa-issued driver's license or nonoperator's identification card according to the procedures set forth in 761-subrule 605.11(2), 761-subrule 605.25(4), or rule 761-630.3 (321) or update the alternative form of valid photo identification in accordance with the process of the issuing agency.
b. The date of issuance and the date of expiration, which shall be one year from the date of issuance.
c. A distinguishing registration number that is not the primary caregiver's social security number.
d. The medical cannabidiol registration number for each patient in the primary caregiver's care. This number shall not be the primary caregiver's or patient's social security number. If the patient in the primary caregiver's care is under the age of 18, the full name of the patient's parent or legal guardian shall be printed on the primary caregiver's registration card in lieu of the patient's medical cannabidiol registration number.
e. A statement that the medical cannabidiol registration card is not valid for identification purposes.
f. A statement distinguishing the medical cannabidiol registration cardholder as a primary caregiver.
(4) A patient who is 18 years of age or older must have an approved application and a distinguishing medical cannabidiol registration number that is not the patient's social security number prior to the issuance of a medical cannabidiol registration card to the patient's primary caregiver.
(5) An authorization to use, or to act as a primary caregiver for a patient authorized to use, cannabidiol or marijuana for medicinal purposes issued by another state, territory, or jurisdiction does not satisfy the requirements of Iowa Code chapter 124E or these rules for the issuance of a medical cannabidiol registration card.