Iowa House Bill HSB242

Iowa 2023-2024 Regular Session

• Introduced: 3/30/23
• Refer: 3/30/23

Caption

A bill for an act relating to the medical cannabidiol program including medical cannabidiol dispensaries and manufacturers, income tax deductions, and sales and use tax, and including retroactive applicability provisions.

Impact

The bill's impact on state law includes the introduction of a retroactive income tax deduction for business expenses related to medical cannabidiol manufacturers and dispensaries without regard to Section 280E of the Internal Revenue Code. This change is intended to ease the financial burden on these entities by allowing them to write off certain expenses. Furthermore, with the sales tax exemption added for medical cannabidiol products sold by dispensaries, it is expected that this will make these products more affordable and encourage their wider usage among eligible patients.

Summary

House Study Bill 242 aims to modify Iowa's medical cannabidiol program with significant changes regarding dispensary licenses, taxation, and the definition of medical cannabidiol. The bill proposes to increase the maximum number of medical cannabidiol dispensary licenses from five to ten while preventing new licenses from being issued in counties that already have dispensaries licensed before January 1, 2023. Additionally, it eliminates the requirement for the department to locate dispensaries based on geographical need, allowing for potential disparities in access across different areas of the state.

Contention

Notable points of contention surrounding HSB242 include concerns about how the changes might influence equitable access to medical cannabis. Critics argue that the removal of geographical need in licensing could lead to clustering of dispensaries in certain areas while neglecting others, potentially limiting access for patients in underserved regions. Moreover, the retroactive tax deductions and sales tax exemptions have raised debates on the financial implications for state revenues and whether these measures could set a precedent for further tax breaks for the medical cannabis industry.