Bills › 90th General Assembly
Relating to operating a motor vehicle after consuming medical cannabidiol, and including effective date provisions
Topics:Health careTransportation
Where it is now
- Done: IntroducedJanuary 18, 2024
- Done: SubcommitteeJanuary 23, 2024
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The General Assembly adjourned on April 19, 2024. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
Current law prohibits a person from operating a motor vehicle while any amount of a controlled substance is present in the person, as measured in the person’s blood or urine. This prohibition does not apply if the substance was prescribed for the person and was taken under the prescription and in accordance with the directions of a medical practitioner or if the substance was dispensed by a pharmacist without a prescription pursuant to the rules of the board of pharmacy, if there is no evidence of the consumption of alcohol and the medical practitioner or pharmacist had not directed the person to refrain from operating a motor vehicle.
Read the full explanation
This bill provides an additional exception if the substance was consumed in accordance with Code chapter 124E (medical cannabidiol Act). The bill also provides a person an affirmative defense to operating-while-intoxicated (OWI) charges if the controlled substance present in the person’s blood or urine was consumed in accordance with Code chapter 124E. Under Iowa court rules, a defendant who intends to rely on an affirmative defense must file written notice in advance of trial. An affirmative defense is a form of legal justification that negates criminal liability, even if the elements of the crime are proven.12 (use of medical cannabidiol —— affirmative defenses). Under the bill, it is presumed that a controlled substance present in a person’s blood or urine was consumed in accordance with Code chapter 124E if the person furnishes proof of a medical cannabidiol registration card valid on the date the person is alleged to have committed the offense. The bill prohibits considering as a previous offense a prior OWI conviction for which a person can furnish proof of a medical cannabidiol registration card valid on the date the person committed the offense, if there was no admissible evidence of consumption of alcohol or any other controlled substance that was not covered by the person’s medical cannabidiol registration card. Under current law, a second or subsequent OWI offense is subject to enhanced criminal penalties and driver’s license sanctions. The bill takes effect upon enactment.
From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text
Senate subcommittee
Named January 23, 2024. On February 7, 2024 it recommended amendment and passage. [].
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Iowa Code it changes
Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works
Lobbying
4 for · 2 against · 8 undecided · Who →
Similar bills
- SF 2225 Relating to operating a motor vehicle after consuming medical cannabidiol, and including e…90th General Assembly · In committeeVery similar
Matched by the wording of each bill’s explanation, or an identical title. Companion bills and renumbered versions of this bill aren’t listed; they’re the same bill.