Senate
File
2350
-
Introduced
SENATE
FILE
2350
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3188)
A
BILL
FOR
An
Act
providing
for
regulation
by
employers
and
other
entities
1
of
the
use
of
marijuana
and
derivatives
thereof.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
94.1
Definitions.
1
For
purposes
of
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Employee”
means
a
natural
person
who
is
employed
in
this
4
state
for
wages
by
an
employer.
5
2.
“Employer”
means
a
person
who
in
this
state
employs
for
6
wages
an
employee.
7
3.
“Marijuana”
includes
any
derivative
of
marijuana
8
including
but
not
limited
to
medical
cannabidiol
as
defined
in
9
section
124E.2.
10
Sec.
2.
NEW
SECTION
.
94.2
Employer
regulation
of
marijuana
11
use.
12
1.
An
employer
shall
not
be
required
to
permit
or
13
accommodate
the
use,
consumption,
possession,
transfer,
14
display,
transportation,
distribution,
sale,
or
growing
of
15
marijuana
in
the
workplace.
16
2.
An
employer
may
implement
policies
restricting
the
use
of
17
marijuana
by
employees
for
the
purpose
of
promoting
workplace
18
health
and
safety.
19
3.
An
employer
may
include
in
a
contract
with
an
employee
a
20
provision
prohibiting
the
use
of
marijuana.
21
4.
An
employer
may
establish
and
enforce
a
zero-tolerance
22
drug
policy
or
a
drug-free
workplace
by
use
of
a
drug
testing
23
policy
in
accordance
with
section
730.5
or
any
other
procedures
24
provided
by
federal
statutes,
federal
regulations,
or
orders
25
issued
pursuant
to
federal
law.
26
Sec.
3.
NEW
SECTION
.
94.3
Regulation
of
marijuana
use
by
27
government
medical
assistance
programs,
private
health
insurers,
28
and
other
entities.
29
A
government
medical
assistance
program,
private
health
30
insurer,
workers’
compensation
carrier,
or
self-insured
31
employer
providing
workers’
compensation
benefits
shall
not
be
32
required
to
reimburse
a
person
for
costs
associated
with
the
33
medical
use
of
marijuana.
34
Sec.
4.
NEW
SECTION
.
94.4
Regulation
of
marijuana
use
on
35
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property.
1
A
person
that
owns,
occupies,
or
controls
a
property
2
may
prohibit
or
otherwise
regulate
the
use,
consumption,
3
possession,
transfer,
display,
transportation,
distribution,
4
sale,
or
growing
of
marijuana
on
or
in
that
property.
5
Sec.
5.
NEW
SECTION
.
94.5
Limitation
of
liability.
6
A
person
shall
not
be
subject
to
any
claim,
cause
of
action,
7
sanction,
or
penalty,
for
discrimination
or
under
any
other
8
theory
of
liability,
under
chapter
216
or
any
other
provision
9
of
law,
based
on
an
act,
omission,
policy,
or
contractual
10
provision
permissible
under
this
chapter.
11
Sec.
6.
NEW
SECTION
.
94.6
Applicability.
12
The
provisions
of
this
chapter
apply
notwithstanding
any
13
other
provision
of
law
to
the
contrary.
14
Sec.
7.
Section
96.5,
Code
2020,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
14.
Marijuana
or
controlled
substance
use
in
17
the
workplace
——
disqualified.
18
a.
For
purposes
of
this
subsection,
unless
the
context
19
otherwise
requires:
20
(1)
“Controlled
substance”
means
the
same
as
defined
in
21
section
124.101.
22
(2)
“Marijuana”
means
the
same
as
defined
in
section
94.1.
23
b.
If
the
department
finds
that
the
individual
became
24
separated
from
employment
due
to
ingesting
marijuana
in
the
25
workplace,
working
while
under
the
influence
of
marijuana,
or
26
testing
positive
for
any
other
controlled
substance,
for
which
27
the
individual
did
not
have
a
current
prescription
or
which
the
28
individual
was
otherwise
using
unlawfully,
under
a
drug
testing
29
policy
pursuant
to
section
730.5
or
any
other
procedures
30
provided
by
federal
statutes,
federal
regulations,
or
orders
31
issued
pursuant
to
federal
law.
32
c.
A
disqualification
under
this
subsection
shall
continue
33
until
the
individual
has
worked
in
and
has
been
paid
wages
for
34
insured
work
equal
to
ten
times
the
individual’s
weekly
benefit
35
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amount,
provided
the
individual
is
otherwise
eligible.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
provides
for
regulation
by
employers
and
other
5
entities
of
the
use
of
marijuana
in
new
Code
chapter
94.
6
The
bill
provides
that
marijuana
includes
any
derivative
of
7
marijuana
including
but
not
limited
to
medical
cannabidiol
as
8
defined
in
Code
chapter
124E,
the
“Medical
Cannabidiol
Act”.
9
The
bill
provides
that
an
employer
shall
not
be
required
10
to
permit
or
accommodate
the
use,
consumption,
possession,
11
transfer,
display,
transportation,
distribution,
sale,
or
12
growing
of
marijuana
in
the
workplace.
The
bill
authorizes
an
13
employer
to
implement
policies
restricting
the
use
of
marijuana
14
by
employees
for
the
purpose
of
promoting
workplace
health
15
and
safety.
The
bill
authorizes
an
employer
to
include
in
a
16
contract
with
an
employee
a
provision
prohibiting
the
use
of
17
marijuana.
The
bill
authorizes
an
employer
to
establish
and
18
enforce
a
zero-tolerance
drug
policy
or
a
drug-free
workplace
19
by
use
of
a
drug
testing
policy
in
accordance
with
Iowa
law
20
or
any
other
procedures
provided
by
federal
statutes,
federal
21
regulations,
or
orders
issued
pursuant
to
federal
law.
22
The
bill
provides
that
a
government
medical
assistance
23
program,
private
health
insurer,
workers'
compensation
carrier,
24
or
self-insured
employer
providing
workers'
compensation
25
benefits
shall
not
be
required
to
reimburse
a
person
for
costs
26
associated
with
the
medical
use
of
marijuana.
27
The
bill
provides
that
a
person
that
owns,
occupies,
or
28
controls
a
property
may
prohibit
or
otherwise
regulate
the
use,
29
consumption,
possession,
transfer,
display,
transportation,
30
distribution,
sale,
or
growing
of
marijuana
on
or
in
that
31
property.
32
The
bill
provides
that
a
person
shall
not
be
subject
33
to
any
claim,
cause
of
action,
sanction,
or
penalty,
for
34
discrimination
or
under
any
other
theory
of
liability,
under
35
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2350
the
Iowa
civil
rights
Act
of
1965
or
any
other
provision
1
of
law,
based
on
an
act,
omission,
policy,
or
contractual
2
provision
permissible
under
Code
chapter
94.
The
provisions
3
of
Code
chapter
94
apply
notwithstanding
any
other
provision
4
of
law
to
the
contrary.
5
The
bill
provides
that
an
individual
shall
be
disqualified
6
from
unemployment
benefits
if
the
department
of
workforce
7
development
finds
that
the
individual
became
separated
from
8
employment
due
to
ingesting
marijuana
in
the
workplace,
9
working
while
under
the
influence
of
marijuana,
or
testing
10
positive
for
any
other
controlled
substance,
for
which
the
11
individual
did
not
have
a
current
prescription
or
which
the
12
individual
was
otherwise
using
unlawfully,
under
a
drug
testing
13
policy
pursuant
to
Iowa
law
or
any
other
procedures
provided
14
by
federal
statutes,
federal
regulations,
or
orders
issued
15
pursuant
to
federal
law.
The
disqualification
shall
continue
16
until
the
individual
has
worked
in
and
has
been
paid
wages
for
17
insured
work
equal
to
10
times
the
individual’s
weekly
benefit
18
amount,
provided
the
individual
is
otherwise
eligible.
19
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