Scott County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Scott County?

Cannabis cultivation in Scott County is legal but restricted for medical use only under the State of Iowa’s Medical Cannabidiol Act or Chapter 124E of the Iowa Code and Iowa Administrative Code 641-154. The Iowa Medical Cannabidiol Program is managed by the Office of Medical Cannabidiol (OMC) of the State of Iowa Department of Health and Human Services (HHS).

A medical cannabis cultivation business in Scott County is required to apply to the Iowa HHS for a medical cannabidiol manufacturer license which covers the cultivation of medical cannabis and the manufacturing of medical cannabis products from it. The owner and employees of an applying company shall be required to go through a criminal background check. A nonrefundable $7,500 application fee must be paid.

The location of the licensed medical cannabidiol manufacturer facility must be at the address registered with the HHS and must be at a distance of over 1,000 feet from any school. The site cannot be shared with a healthcare practitioner or a licensed medical cannabidiol dispensary.

A licensed medical cannabidiol manufacturer facility is required to be enclosed and locked, with strict security processes to prevent intrusion and theft. It must have employee identification controls, building access controls, and a security system with perimeter breach detection and alarms. The licensee must keep accurate and updated records in a tight inventory system.

The medical cannabidiol manufacturer licensee is also mandated to have random samples of its medical cannabis crops and products checked by an independent laboratory to certify that these are consistent in quality, contain only allowed substances, and are not contaminated. Any testing laboratory, except for the University of Iowa laboratory, must have the prior approval of the HHS.

All licensed medical cannabidiol manufacturer facilities are subject to inspection by the HHS. They must comply with all HSS regulations regarding marketing, advertising, displays, and signage. The use and consumption of medical cannabis and medical cannabis products on the premises are not allowed.

Is Cannabis Manufacturing Legal in Scott County?

Cannabis product manufacturing in Scott County is legal but restricted to medical cannabis products only under the Medical Cannabidiol Act of the State of Iowa and Iowa Administrative Code 641-154.

A medical cannabis product manufacturing business in Scott County is required to apply to

the Iowa HHS for the same medical cannabidiol manufacturer license that medical cannabis cultivators need. The application requirements and licensee regulations are also the same.

Moreover, a licensed medical cannabis manufacturer is required to accurately label all of the medical cannabis products it processes, including a complete list of active ingredients in their contents. All medical cannabis product packaging must observe federal laws on being child-safe and easy for elderly patients to manage.

Is Cannabis Retail Legal in Scott County?

The retail selling of medical cannabis and medical cannabis products in Scott County by licensed medical cannabis dispensaries only to medical cannabis cardholders is legal in compliance with the State of Iowa’s Medical Cannabidiol Act and Iowa Administrative Code 641-154.

A medical cannabis retail business in Scott County is required to apply to the Iowa HHS for the medical cannabidiol dispensary license with a nonrefundable application fee of $5,000. The other requirements for license application and regulations for licensees are like the ones for medical cannabis cultivators and manufacturers.

Licensed medical cannabis dispensaries are not allowed to sell edible food items infused with medical cannabis as well as any smokable form of medical cannabis. They can only sell other forms of medical cannabis such as those for vaping or nebulization, liquids, tinctures, tablets, capsules, sublingual preparations, transdermal patches, topical formulations, and suppositories.

Each patient can only be sold 4.5 grams of medical cannabis in every 90-day period by the licensed dispensary. A waiver form from the patient’s physician is required if the patient requires more, or for terminally ill patients with a life expectancy of less than one year. The waiver will indicate the changed limit for every 90 days.

Each licensed medical cannabis dispensary must employ a licensed pharmacist or licensed pharmacy technician to oversee sales. Before a sale, the licensed dispensary is required to:

• Check the medical cannabis card of the purchaser

• Check the identity of the purchaser in comparison with the medical cannabis card

• Check the validity of the medical cannabis card on the Medical Cannabidiol Program’s online registry

• Update the label on the medical cannabis or medical cannabis product to be purchased with the following:

  • The item’s unique tracking number

  • The name and address of the licensed dispensary

  • The name registration number, birthday, and address of the purchaser

  • Usage instructions for the medical cannabis or medical cannabis product

The licensed medical cannabis dispensary must post on the sales and inventory tracking system the following information within the same working day of every sale: \

• The name of the medical cannabis cardholder

• The sold medical cannabis items’ tracking numbers

• The sold medical cannabis quantity

• The selling price of the sold medical cannabis

• The date and time of each sale

Is Cannabis Delivery Legal in Scott County?

The delivery by licensed medical cannabis dispensaries of medical cannabis and medical cannabis products even to medical cannabis cardholders in Scott County is not allowed by Iowa Code Chapter 124E of 2017 and Iowa Administrative Code 641-154. Only the delivery of medical cannabis and medical cannabis products between licensed medical cannabidiol businesses and testing laboratories, and to waste disposal facilities and other HHS-approved sites is legal.

How to Get a Medical Marijuana Card in Scott County

Scott County residents who wish to apply for a medical cannabis card must first study the Information for Patients About Medical Cannabidiol in Iowa. They must then download and print the Healthcare Practitioner Certification Form and take this to a doctor of medicine, osteopathic medicine, or podiatry; a physician’s assistant; or an advanced registered nurse practitioner. Any of these healthcare practitioners are qualified to make a diagnosis and fill up and sign the practitioner certification if the patient has one of the following illnesses:

• Severe intractable autism with aggressive or self-injurious behavior

• Severe and persistent muscle spasms from multiple sclerosis

• Corticobasal degeneration

• Seizures

• Post-traumatic stress disorder (PTSD)

• Crohn’s disease

• Parkinson’s disease

• AIDS or HIV

• Chronic pain

• Ulcerative colitis

• Amyotrophic lateral sclerosis

• Cancer with one of the following:

  • nausea or severe vomiting

  • severe or chronic pain

  • cachexia or severe wasting

• A terminal illness with less than one year of life expectancy and one of the following:

  • nausea or severe vomiting

  • severe or chronic pain

  • cachexia or severe wasting

After acquiring the signed practitioner certification, the adult patient must log in as a new patient on the online portal and complete the Adult Patient Application form. Scanned copies of the signed practitioner certification and a valid government-issued photo ID card of the patient must be uploaded, and a $100 fee must be paid. For patients who can upload a scanned copy of one of the following, the fee will be lowered to $25:

• Hawk-I member card

• Social Security Disability (SSDI) Benefit notice

• Iowa Medicaid member card

• Supplemental Security Income (SSI) Payment receipt

Adult patients who need assistance from a caregiver must wait for the application number that will be sent to them by email and provide this to their designated caregiver. The caregiver must then use this to register separately on the caregiver application portal.

Patients who are minors must be registered through their caregiver’s registration which will include the uploading of the patient’s scanned signed practitioner certification. The other requirements are the same but the fee for caregivers is $25.

If the patient or caregiver provided an email address, a temporary medical cannabis card will be sent by email for printing and immediate use while awaiting the actual medical cannabis card which will be sent through the postal system.

Further information may be sought from:

Bureau of Medical Cannabidiol

Iowa Department of Health and Human Services

Lucas State Office Building

ATTN: OMC

321 E. 12th St.

Des Moines, IA 50319

Email: medical.cannabidiol@idph.iowa.gov

Phone: (515) 725-2076

How Has Cannabis Legalization Impacted the Economy of Scott County?

The Iowa Department of Revenue states that the taxation charge for cannabis plants is $750 per plant while for medical cannabis products, it is $5 per gram.

According to the Medical Cannabidiol Program Update of July 2020, cumulative sales of medical cannabis and medical cannabis products as of that month were more than $270,000. In the Program’s July 2022 Update, the cumulative sales of medical cannabis and medical cannabis products as of that month were more than $940,000. These figures exclude taxes.

The Effects of Cannabis Legalization on Crime Rates in Scott County

Medical cannabis was legalized in 2017 in Scott County.

Data from the Scott County Sheriff's Office on the FBI’s Crime Explorer page shows that in 2016, the year prior to medical cannabis legalization, there were 13 marijuana offense arrests, comprised of 12 arrests for possession and one arrest for sales or manufacturing.

In 2018, which was the year after the legalization of medical cannabis, there were 44 marijuana offense arrests, comprised of 35 arrests for possession and nine arrests for sales or manufacturing.

In 2021, which is the latest available data, there were 33 marijuana offense arrests, comprised of 29 arrests for possession and four arrests for sales or manufacturing.

The number of DUI arrests was as follows in those years:

• 2016: 62 arrests

• 2018: 90 arrests

• 2021: 35 arrests