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 severe wasting.
- b. Multiple sclerosis with severe and persistent muscle spasms.
- c. Seizures, including those characteristic of epilepsy.
- d. AIDS or HIV as defined in section 141A.1.
- e. Crohn’s disease.
- f. Amyotrophic lateral sclerosis.
g. Any terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following:
- (1) Severe or chronic pain.
- (2) Nausea or severe vomiting.
- (3) Cachexia or severe wasting.
- h. Parkinson’s disease.
- i. Chronic pain.
- j. Severe, intractable autism with self-injurious or aggressive behaviors.
- k. Post-traumatic stress disorder.
- 3. “Department” means the department of health and human services.
- 4. “Disqualifying felony offense” means a violation under federal or state law of a felony under federal or state law, which has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. §802(6).
- 5. “Employee” means a natural person who is employed in this state for wages by an employer.
- 6. “Employer” means a person who in this state employs for wages an employee.
- 7. “Health care practitioner” means an individual licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery, a physician assistant licensed under chapter 148C, an advanced registered nurse practitioner licensed under chapter 152, or an advanced practice registered nurse under chapter 152E, who is a patient’s primary care provider or a podiatrist licensed pursuant to chapter 149.
- 8. “Laboratory” means the state hygienic laboratory or any other independent medical cannabidiol testing facility accredited to standard ISO/IEC 17025 by an international organization for standards-approved accrediting body, with a controlled substance registration certificate from the United States drug enforcement administration and a certificate of registration from the board of pharmacy. For the purposes of this chapter, an independent laboratory is a laboratory operated by an entity that has no equity ownership in a medical cannabidiol manufacturer.
- 9. “Marijuana” means any derivative of marijuana including but not limited to medical cannabidiol.
- 10. “Medical cannabidiol” means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that is delivered in a form recommended by the medical cannabidiol board, approved by the board of medicine, and adopted by the department pursuant to rule.
- 11. “Primary caregiver” means a person who is a resident of this state or a bordering state as defined in section 331.910, including but not limited to a parent or legal guardian, at least eighteen years of age, who has been designated by a patient’s health care practitioner as a necessary caretaker taking responsibility for managing the well-being of the patient with respect to the use of medical cannabidiol pursuant to the provisions of this chapter.
- 12. “Total tetrahydrocannabinol” means eighty-seven and seven-tenths percent of the amount of tetrahydrocannabinolic acid plus the amount of tetrahydrocannabinol.
- 13. “Written certification” means a document signed by a health care practitioner, with whom the patient has established a patient-provider relationship, which states that the patient has a debilitating medical condition and identifies that condition and provides any other relevant information.
2017 Acts, ch 162, §5, 25; 2020 Acts, ch 1116, §2 – 5; 2022 Acts, ch 1021, §42; 2023 Acts, ch 19, §75
Referred to in §96.5, 124.401