Marijuana Moment: Iowa Officials File Rules To Let Out-Of-State Patients Register For Medical Marijuana Access

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Iowa regulators have filed proposed rules changes to remove the residency requirement for patients in the state’s medical cannabis program while also ensuring that military veterans qualify for reduced registration fees.

The residency-focused part of the regulatory change from the state Department of Health and Human Services is meant to comply with provisions of a bill that Gov. Kim Reynolds (R) signed into law in June.

In addition to allowing out-of-state residents to register in the medical cannabis program if they have a certification from an Iowa healthcare provider legislation, that legislation also doubles the number of medical cannabis dispensaries that are allowed to operate in the state.

Regulators said in the new rule filing that removing the residency requirement is expected to “primarily impact qualified Nebraska residents since Nebraska is the only bordering state that does not currently have an operational medical or adult-use cannabis program.”

“Although Nebraska has taken steps to establish a medical cannabidiol program, implementation has experienced significant delays and setbacks,” the regulatory explanation says.

Beyond the residency change that is part of the bill the governor signed this year, the new rule change also restores regulatory language that was “inadvertently removed during the 2023 Red Tape Review process” that allowed proof of military veteran status to be used to qualify for a reduced patient application fee of $25 instead of the standard $100.

“It is important to note that authorization for a lesser fee for veterans does not explicitly appear in Iowa Code chapter 124E; however, this reduced fee provision was previously discussed at a meeting of the Administrative Rules Review Committee (ARRC), and at the time, the ARRC agreed that a reduced fee was important and appropriate for those with veteran status,” the document said.

Regulators said that, overall, “qualified out-of-state residents and qualified veterans will benefit from the provisions of this proposed rulemaking.”

“There are currently 17,741 patients and 524 caregivers participating in Iowa’s medical cannabidiol program,” they said. “It is unknown how many additional individuals may be eligible for a medical cannabidiol card because of the legislation underlying this proposed rulemaking, but the Department does not expect a major influx.”

The department will hold a public hearing about the proposed rules change on September 8.

Under prior law, Iowa’s limited medical marijuana program allowed only five dispensaries. That has doubled to 10 under HF 990, which the governor signed.

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The Iowa Medical Cannabidiol Board, which oversees the state’s medical marijuana program, recommended in a 2023 report that the state allow more licenses “in an effort to provide Iowans with greater geographical access to medical cannabis products.”

Under the program, patients with certain conditions can obtain cannabis products containing no more than at 4.5 grams of THC every 90 days. Flower and smoking are not allowed. Healthcare practitioners can allow greater amounts of THC for patients who are terminally ill or who have experience with the program and for whom the provider believes 4.5 grams is not enough.

Separately this session, Iowa lawmakers considered a bill to create a state-regulated therapeutic psilocybin program for patients with post-traumatic stress disorder (PTSD).

Last year, the governor vetoed earlier legislation that would have allowed doctors in the state to immediately prescribe a synthetic form of psilocybin in the event of federal approval of the psychedelic substance by the U.S. Food and Drug Administration (FDA), arguing that it “surrenders state authority to make an informed determination about classification to federal officials.”

Reynolds is not seeking another term in office after this year. Rob Sand, the Democratic gubernatorial nominee, supports legalizing marijuana.

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