Senate
File
2225
-
Introduced
SENATE
FILE
2225
BY
BENNETT
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
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2225
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
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“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.
Section
321J.6,
Code
2024,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
4.
If
a
person
is
suspected
of
violating
18
section
321J.2,
and
at
the
time
of
the
traffic
stop
the
person
19
furnishes
proof
in
accordance
with
subsection
11,
paragraph
20
“b”
,
subparagraph
(2),
and
if
there
are
no
reasonable
grounds
21
to
believe
the
person
consumed
alcohol
or
any
other
controlled
22
substance
that
is
not
covered
by
the
person’s
medical
23
cannabidiol
registration
card,
then
no
reasonable
grounds
exist
24
to
subject
the
person
to
chemical
testing
under
this
section.
25
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
26
importance,
takes
effect
upon
enactment.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
Current
law
prohibits
a
person
from
operating
a
motor
31
vehicle
while
any
amount
of
a
controlled
substance
is
present
32
in
the
person,
as
measured
in
the
person’s
blood
or
urine.
33
This
prohibition
does
not
apply
if
the
substance
was
prescribed
34
for
the
person
and
was
taken
under
the
prescription
and
in
35
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2225
accordance
with
the
directions
of
a
medical
practitioner
or
1
if
the
substance
was
dispensed
by
a
pharmacist
without
a
2
prescription
pursuant
to
the
rules
of
the
board
of
pharmacy,
3
if
there
is
no
evidence
of
the
consumption
of
alcohol
and
the
4
medical
practitioner
or
pharmacist
had
not
directed
the
person
5
to
refrain
from
operating
a
motor
vehicle.
6
This
bill
provides
an
additional
exception
if
the
substance
7
was
consumed
in
accordance
with
Code
chapter
124E
(medical
8
cannabidiol
Act).
9
The
bill
also
provides
a
person
an
affirmative
defense
to
10
operating-while-intoxicated
(OWI)
charges
if
the
controlled
11
substance
present
in
the
person’s
blood
or
urine
was
consumed
12
in
accordance
with
Code
chapter
124E.
Under
Iowa
court
rules,
13
a
defendant
who
intends
to
rely
on
an
affirmative
defense
14
must
file
written
notice
in
advance
of
trial.
An
affirmative
15
defense
is
a
form
of
legal
justification
that
negates
criminal
16
liability,
even
if
the
elements
of
the
crime
are
proven.
The
17
bill
also
adds
the
bill’s
establishment
of
an
affirmative
18
defense
to
the
list
of
other
affirmative
defenses
provided
in
19
Code
section
124E.12
(use
of
medical
cannabidiol
——
affirmative
20
defenses).
21
Under
the
bill,
it
is
presumed
that
a
controlled
substance
22
present
in
a
person’s
blood
or
urine
was
consumed
in
accordance
23
with
Code
chapter
124E
if
the
person
furnishes
proof
of
a
24
medical
cannabidiol
registration
card
valid
on
the
date
the
25
person
is
alleged
to
have
committed
the
offense.
26
Current
law
sets
forth
an
implied
consent
to
test:
a
person
27
who
operates
a
motor
vehicle
under
circumstances
which
give
28
reasonable
grounds
to
believe
that
the
person
is
committing
an
29
OWI
violation
is
deemed
to
have
given
consent
to
the
withdrawal
30
of
specimens
of
the
person’s
blood,
breath,
or
urine
and
to
31
a
chemical
test
of
the
specimens.
The
bill
provides
that,
32
as
part
of
a
traffic
stop,
if
a
person
furnishes
proof
under
33
the
bill
and
there
are
no
reasonable
grounds
to
believe
the
34
person
consumed
alcohol
or
another
controlled
substance,
then
35
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no
reasonable
grounds
exist
to
subject
the
person
to
chemical
1
testing.
2
The
bill
prohibits
considering
as
a
previous
offense
a
3
prior
OWI
conviction
for
which
a
person
can
furnish
proof
of
4
a
medical
cannabidiol
registration
card
valid
on
the
date
5
the
person
committed
the
offense,
if
there
was
no
admissible
6
evidence
of
consumption
of
alcohol
or
any
other
controlled
7
substance
that
was
not
covered
by
the
person’s
medical
8
cannabidiol
registration
card.
Under
current
law,
a
second
9
or
subsequent
OWI
offense
is
subject
to
enhanced
criminal
10
penalties
and
driver’s
license
sanctions.
11
The
bill
takes
effect
upon
enactment.
12
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