Agency Approves Rules for Cannabis Oil ID Cards for Iowa Residents

On Wednesday, the state panel voted to approve rules for issuing photo identification registration cards as a legal protection for residents of Iowa authorized to possess cannabis oil for medical use or to treat or alleviate symptoms of intractable epilepsy.

The members of Iowa’s Board of Health approved the program rules without discord. However, prior to approval, many questions came up, regarding the practicality and advisability of setting up an arrangement whereby parents of epileptic children could face criminal charges for violating federal or states’ laws for transporting an illegal product not currently grown or sold in Iowa.

Currently, the drug cannot be grown in Iowa and it is illegal to bring it in the state from other states. Based on these rules, board members questioned the card’s purpose. Public officials said that the state-issued registration card, which would be recommended by a licensed neurologist, would serve as an affirmative defense against prosecution to residents in Iowa possessing 32 ounces or less of the cannabidiol.

Last May, the legislature passed and Governor Terry Branstad signed into law a bill that granted special provisions for Iowa residents 18 years and older with a written recommendation from a neurologist to possess and/or use cannabidiol for medical purposes. The new Iowa law would give prosecutorial immunity to people who possess cannabidiol to treat seizures. The law took effect in July, but since the program rules just now passed for issuance of the registration card beginning January 30, 2015 at the earliest, there currently is no legal protection for residents in the state who possess the cannabis oil.

Health officials are working on collecting data on the number of neurologists who treat patients with epilepsy in Iowa and how many of those would choose to participate in the cannabidiol program. Officials said that there may be up to 30,000 people with epileptic conditions in Iowa, but that roughly one-third of those may have intractable epilepsy. Intractable epilepsy is a 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.

A legislative study committee is expected to meet today to hear more testimony from medical experts, parents and caregivers of children with epilepsy and others about the state’s new law and potential options for improvement of the statute next session.

 

Last updated: 9/11/14; 10:55am EST