House
File
259
S-5068
Amend
House
File
259,
as
passed
by
the
House,
as
follows:
1
1.
Page
6,
after
line
3
by
inserting:
2
<
Sec.
___.
Section
124E.12,
Code
2024,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
4A.
In
a
prosecution
for
operating
while
5
intoxicated
under
chapter
321J,
if
the
violation
is
solely
6
based
on
an
amount
of
a
controlled
substance
that
the
person
7
is
authorized
to
consume
under
this
chapter,
present
in
the
8
person
as
measured
in
the
person’s
blood
or
urine,
it
is
an
9
affirmative
and
complete
defense
to
the
prosecution
if
the
10
person
is
a
veteran,
as
defined
in
section
35.1,
and
furnishes
11
proof
in
accordance
with
section
321J.2,
subsection
11,
12
paragraph
“b”
,
subparagraph
(2).
13
Sec.
___.
Section
321J.2,
subsection
8,
Code
2024,
is
14
amended
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
d.
A
conviction
for
a
violation
of
16
subsection
1,
paragraph
“c”
,
committed
prior
to
the
effective
17
date
of
this
Act
shall
not
be
considered
a
previous
offense
18
if
the
person
is
a
veteran,
as
defined
in
section
35.1,
and
19
furnishes
proof
that
a
medical
cannabidiol
registration
card
20
was
issued
to
the
person
pursuant
to
chapter
124E,
the
card
was
21
valid
on
the
date
the
person
committed
the
offense,
and
there
22
was
no
admissible
evidence
of
consumption
of
alcohol
or
any
23
other
controlled
substance
that
was
not
covered
by
the
person’s
24
medical
cannabidiol
registration
card.
25
Sec.
___.
Section
321J.2,
Code
2024,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
11A.
a.
This
section
does
not
apply
to
a
28
person
who
is
a
veteran,
as
defined
in
section
35.1,
operating
29
a
motor
vehicle
while
under
the
influence
of
a
drug
if
the
30
substance
was
consumed
in
accordance
with
chapter
124E
and
31
there
is
no
admissible
evidence
of
the
consumption
of
alcohol.
32
b.
When
charged
with
a
violation
of
subsection
1,
paragraph
33
“c”
,
a
person
who
is
a
veteran
may
assert,
as
an
affirmative
34
defense,
that
the
controlled
substance
present
in
the
person’s
35
-1-
HF
259.2834
(2)
90
th/ns
1/
2
#1.
blood
or
urine
was
consumed
in
accordance
with
chapter
1
124E.
For
purposes
of
this
paragraph,
it
is
presumed
that
2
a
controlled
substance
present
in
a
person’s
blood
or
urine
3
was
consumed
in
accordance
with
chapter
124E
if
the
person
4
furnishes
proof
that
the
person
held
a
medical
cannabidiol
5
registration
card
issued
pursuant
to
chapter
124E
valid
on
the
6
date
the
person
is
alleged
to
have
committed
the
offense.
7
Sec.
___.
Section
321J.6,
Code
2024,
is
amended
by
adding
8
the
following
new
subsection:
9
NEW
SUBSECTION
.
4.
If
a
person
is
suspected
of
violating
10
section
321J.2,
and
at
the
time
of
the
traffic
stop
the
person
11
is
a
veteran,
as
defined
in
section
35.1,
and
furnishes
proof
12
in
accordance
with
section
321J.2,
subsection
11A,
and
if
13
there
are
no
reasonable
grounds
to
believe
the
person
consumed
14
alcohol
or
any
other
controlled
substance
that
is
not
covered
15
by
the
person’s
medical
cannabidiol
registration
card,
then
16
no
reasonable
grounds
exist
to
subject
the
person
to
chemical
17
testing
under
this
section.
>
18
2.
Title
page,
line
1,
before
<
matters
>
by
inserting
19
<
veterans,
including
>
20
3.
Title
page,
lines
2
and
3,
by
striking
<
including
county
21
commissions
of
veteran
affairs
and
cemetery
expenditures.
>
and
22
inserting
<
county
commissions
of
veteran
affairs,
cemetery
23
expenditures,
and
certain
defenses
available
to
a
veteran
24
operating
a
motor
vehicle
after
consuming
medical
cannabidiol.
>
25
4.
By
renumbering
as
necessary.
26
______________________________
LIZ
BENNETT
-2-
HF
259.2834
(2)
90
th/ns
2/
2
#2.
#3.
#4.