SJR 2003 (LSB 5244XS (7) 89)

SENATE JOINT RESOLUTION 2003

BY  BOLKCOM, PETERSEN, TRONE GARRIOTT, DOTZLER, LYKAM, JOCHUM, WAHLS, CELSI, and J. SMITH

SENATE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to cannabis.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   Article XI of the Constitution of the State of Iowa is amended by adding the following new section:
    Sec. 9.  Cannabis.  The possession, growth, cultivation, processing, manufacture, preparation, packaging, transferal, consumption, and retail sale and purchase of cannabis, or products created from or including cannabis, by persons 21 years of age or older, shall be lawful and subject to regulation by the alcoholic beverages division or its successor agency, except for cannabis purchased for medical use pursuant to the recommendation of a medical professional as provided for by law. “Cannabis” means all parts of the plant genus Cannabis L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds.
   The receipts from retail purchases of cannabis or products created from or which include cannabis, other than cannabis purchased for medical use pursuant to the recommendation of a medical professional as provided for by law, shall be subject to taxation by the state at a rate to be determined by the general assembly by law not to exceed twenty percent and shall be credited to the general fund of the state.
   The receipts from retail purchases of cannabis, other than cannabis purchased for medical use pursuant to the recommendation of a medical professional as provided for by law, shall be subject to a supplemental tax at a rate to be determined by the general assembly by law not to exceed three percent. Revenue from this tax shall be apportioned to the municipality overseeing the location generating the receipt or, in the case of an unincorporated area, to the county overseeing that location.
   The general assembly shall provide by law for the implementation of this section.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and shall be published as provided by law for three consecutive months previous to the date of that election.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to cannabis. The joint resolution makes the possession, growth, cultivation, processing, manufacture, preparation, packaging, transferal, consumption, and retail sale and purchase of cannabis, or products created from or including cannabis, by persons 21 years of age or older, lawful and subject to regulation by the alcoholic beverages division. The joint resolution prohibits the possession, growth, cultivation, processing, manufacture, preparation, packaging, transferal, consumption, and retail sale and purchase of cannabis, or products created from or including cannabis, by persons under 21 years of age. The joint resolution defines “cannabis” to include all parts of the plant genus Cannabis L., the seeds thereof, and all derivatives thereof. The joint resolution does not apply to cannabis purchased for medical use pursuant to the recommendation of a medical professional as provided for by law.
   The receipts from retail purchases of cannabis, other than cannabis purchased for medical use pursuant to the recommendation of a medical professional as provided for by law, are subject to a tax to be determined by law not to exceed 20 percent, revenue from which shall be credited to the general fund of the state. The joint resolution also imposes a tax on the receipts from retail purchases of cannabis to be determined by law not to exceed 3 percent, other than cannabis purchases for medical use pursuant to the recommendation of a medical professional as provided for by law, revenue from which shall be apportioned to the municipality overseeing the location generating the receipt or, in the case of an unincorporated area, to the county overseeing that location.
   The general assembly shall provide by law for the implementation of the joint resolution.
   The joint resolution, if adopted, would be published and then referred to the next general assembly (90th) for adoption, before being submitted to the electorate for ratification.