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 TLSB 6086XS (2) 90 th/ns
S.F. 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 -1- LSB 6086XS (2) 90 th/ns 1/ 4
S.F. 2225 “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 -2- LSB 6086XS (2) 90 th/ns 2/ 4
S.F. 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 -3- LSB 6086XS (2) 90 th/ns 3/ 4
S.F. 2225 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 -4- LSB 6086XS (2) 90 th/ns 4/ 4