Relating to operating a motor vehicle after consuming medical cannabidiol, and including effective date provisions

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. 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. Current law sets forth an implied consent to test: a person who operates a motor vehicle under circumstances which give reasonable grounds to believe that the person is committing an OWI violation is deemed to have given consent to the withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test of the specimens. The bill provides that, as part of a traffic stop, if a person furnishes proof under the bill and there are no reasonable grounds to believe the person consumed alcohol or another controlled substance, then no reasonable grounds exist to subject the person to chemical testing. 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.