Bill Text: IA SF2074 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to operating a motor vehicle after consuming medical cannabidiol, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-07 - Subcommittee recommends amendment and passage. []. [SF2074 Detail]
Download: Iowa-2023-SF2074-Introduced.html
Senate
File
2074
-
Introduced
SENATE
FILE
2074
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
operating
a
motor
vehicle
after
consuming
1
medical
cannabidiol,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5698XS
(3)
90
th/ns
S.F.
2074
Section
1.
Section
124E.12,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
In
a
prosecution
for
operating
while
3
intoxicated
under
chapter
321J,
if
the
violation
is
solely
4
based
on
an
amount
of
a
controlled
substance
that
the
person
5
is
authorized
to
consume
under
this
chapter,
present
in
the
6
person
as
measured
in
the
person’s
blood
or
urine,
it
is
an
7
affirmative
and
complete
defense
to
the
prosecution
if
the
8
person
furnishes
proof
in
accordance
with
section
321J.2,
9
subsection
11,
paragraph
“b”
,
subparagraph
(2).
10
Sec.
2.
Section
321J.2,
subsection
8,
Code
2024,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
d.
A
conviction
for
a
violation
of
13
subsection
1,
paragraph
“c”
,
committed
prior
to
the
effective
14
date
of
this
Act
shall
not
be
considered
a
previous
offense
15
if
the
person
furnishes
proof
that
a
medical
cannabidiol
16
registration
card
was
issued
to
the
person
pursuant
to
chapter
17
124E,
the
card
was
valid
on
the
date
the
person
committed
the
18
offense,
and
there
was
no
admissible
evidence
of
consumption
of
19
alcohol
or
any
other
controlled
substance
that
was
not
covered
20
by
the
person’s
medical
cannabidiol
registration
card.
21
Sec.
3.
Section
321J.2,
subsection
11,
Code
2024,
is
amended
22
to
read
as
follows:
23
11.
a.
This
section
does
not
apply
to
a
person
operating
24
a
motor
vehicle
while
under
the
influence
of
a
drug
if
the
25
substance
was
prescribed
for
the
person
and
was
taken
under
the
26
prescription
and
in
accordance
with
the
directions
of
a
medical
27
practitioner
as
defined
in
chapter
155A
,
if
the
substance
28
was
consumed
in
accordance
with
chapter
124E,
or
if
the
29
substance
was
dispensed
by
a
pharmacist
without
a
prescription
30
pursuant
to
the
rules
of
the
board
of
pharmacy,
if
there
is
31
no
admissible
evidence
of
the
consumption
of
alcohol
and
the
32
medical
practitioner
or
pharmacist
,
as
applicable,
had
not
33
directed
the
person
to
refrain
from
operating
a
motor
vehicle.
34
b.
When
charged
with
a
violation
of
subsection
1
,
paragraph
35
-1-
LSB
5698XS
(3)
90
th/ns
1/
3
S.F.
2074
“c”
,
a
person
may
assert
,
one
or
any
combination
of
the
1
following
as
an
affirmative
defense,
that
defense:
2
(1)
That
the
controlled
substance
present
in
the
person’s
3
blood
or
urine
was
prescribed
or
dispensed
for
the
person
and
4
was
taken
in
accordance
with
the
directions
of
a
practitioner
5
and
the
labeling
directions
of
the
pharmacy,
as
that
person
and
6
place
of
business
are
defined
in
section
155A.3
.
7
(2)
That
the
controlled
substance
present
in
the
person’s
8
blood
or
urine
was
consumed
in
accordance
with
chapter
124E.
9
For
purposes
of
this
subparagraph,
it
is
presumed
that
a
10
controlled
substance
present
in
a
person’s
blood
or
urine
11
was
consumed
in
accordance
with
chapter
124E
if
the
person
12
furnishes
proof
that
the
person
held
a
medical
cannabidiol
13
registration
card
issued
pursuant
to
chapter
124E
valid
on
the
14
date
the
person
is
alleged
to
have
committed
the
offense.
15
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
16
importance,
takes
effect
upon
enactment.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
Current
law
prohibits
a
person
from
operating
a
motor
21
vehicle
while
any
amount
of
a
controlled
substance
is
present
22
in
the
person,
as
measured
in
the
person’s
blood
or
urine.
23
This
prohibition
does
not
apply
if
the
substance
was
prescribed
24
for
the
person
and
was
taken
under
the
prescription
and
in
25
accordance
with
the
directions
of
a
medical
practitioner
or
26
if
the
substance
was
dispensed
by
a
pharmacist
without
a
27
prescription
pursuant
to
the
rules
of
the
board
of
pharmacy,
28
if
there
is
no
evidence
of
the
consumption
of
alcohol
and
the
29
medical
practitioner
or
pharmacist
had
not
directed
the
person
30
to
refrain
from
operating
a
motor
vehicle.
31
This
bill
provides
an
additional
exception
if
the
substance
32
was
consumed
in
accordance
with
Code
chapter
124E
(medical
33
cannabidiol
Act).
34
The
bill
also
provides
a
person
an
affirmative
defense
to
35
-2-
LSB
5698XS
(3)
90
th/ns
2/
3
S.F.
2074
operating-while-intoxicated
(OWI)
charges
if
the
controlled
1
substance
present
in
the
person’s
blood
or
urine
was
consumed
2
in
accordance
with
Code
chapter
124E.
Under
Iowa
court
rules,
3
a
defendant
who
intends
to
rely
on
an
affirmative
defense
4
must
file
written
notice
in
advance
of
trial.
An
affirmative
5
defense
is
a
form
of
legal
justification
that
negates
criminal
6
liability,
even
if
the
elements
of
the
crime
are
proven.
The
7
bill
also
adds
the
bill’s
establishment
of
an
affirmative
8
defense
to
the
list
of
other
affirmative
defenses
provided
in
9
Code
section
124E.12
(use
of
medical
cannabidiol
——
affirmative
10
defenses).
11
Under
the
bill,
it
is
presumed
that
a
controlled
substance
12
present
in
a
person’s
blood
or
urine
was
consumed
in
accordance
13
with
Code
chapter
124E
if
the
person
furnishes
proof
of
a
14
medical
cannabidiol
registration
card
valid
on
the
date
the
15
person
is
alleged
to
have
committed
the
offense.
16
The
bill
prohibits
considering
as
a
previous
offense
a
17
prior
OWI
conviction
for
which
a
person
can
furnish
proof
of
18
a
medical
cannabidiol
registration
card
valid
on
the
date
19
the
person
committed
the
offense,
if
there
was
no
admissible
20
evidence
of
consumption
of
alcohol
or
any
other
controlled
21
substance
that
was
not
covered
by
the
person’s
medical
22
cannabidiol
registration
card.
Under
current
law,
a
second
23
or
subsequent
OWI
offense
is
subject
to
enhanced
criminal
24
penalties
and
driver’s
license
sanctions.
25
The
bill
takes
effect
upon
enactment.
26
-3-
LSB
5698XS
(3)
90
th/ns
3/
3
