S.F. _____ 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 -1- LSB 5052XC (3) 88 je/rn 1/ 4

S.F. _____ 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 -2- LSB 5052XC (3) 88 je/rn 2/ 4

S.F. _____ 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 -3- LSB 5052XC (3) 88 je/rn 3/ 4

S.F. _____ 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 -4- LSB 5052XC (3) 88 je/rn 4/ 4