SF 2225 (LSB 6086XS (2) 90)

SENATE FILE 2225

BY  BENNETT

A BILL FOR

An Act relating to operating a motor vehicle after consuming medical cannabidiol, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124E.12, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  In a prosecution for operating while intoxicated under chapter 321J, if the violation is solely based on an amount of a controlled substance that the person is authorized to consume under this chapter, present in the person as measured in the person’s blood or urine, it is an affirmative and complete defense to the prosecution if the person furnishes proof in accordance with section 321J.2, subsection 11, paragraph “b”, subparagraph (2).
    Sec. 2.  Section 321J.2, subsection 8, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  A conviction for a violation of subsection 1, paragraph “c”, committed prior to the effective date of this Act shall not be considered a previous offense if the person furnishes proof that a medical cannabidiol registration card was issued to the person pursuant to chapter 124E, the card was valid on the date the person committed the offense, and there was no admissible evidence of consumption of alcohol or any other controlled substance that was not covered by the person’s medical cannabidiol registration card.
    Sec. 3.  Section 321J.2, subsection 11, Code 2024, is amended to read as follows:
   11.  a.  This section does not apply to a person operating a motor vehicle while under the influence of a drug if the substance was prescribed for the person and was taken under the prescription and in accordance with the directions of a medical practitioner as defined in chapter 155A, if the substance was consumed in accordance with chapter 124E, or if the substance was dispensed by a pharmacist without a prescription pursuant to the rules of the board of pharmacy, if there is no admissible evidence of the consumption of alcohol and the medical practitioner or pharmacist, as applicable, had not directed the person to refrain from operating a motor vehicle.
   b.  When charged with a violation of subsection 1, paragraph “c”, a person may assert, one or any combination of the following as an affirmative defense, that defense:
   (1)  That the controlled substance present in the person’s blood or urine was prescribed or dispensed for the person and was taken in accordance with the directions of a practitioner and the labeling directions of the pharmacy, as that person and place of business are defined in section 155A.3.
   (2)  That the controlled substance present in the person’s blood or urine was consumed in accordance with chapter 124E. For purposes of this subparagraph, it is presumed that a controlled substance present in a person’s blood or urine was consumed in accordance with chapter 124E if the person furnishes proof that the person held a medical cannabidiol registration card issued pursuant to chapter 124E valid on the date the person is alleged to have committed the offense.
    Sec. 4.  Section 321J.6, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  If a person is suspected of violating section 321J.2, and at the time of the traffic stop the person furnishes proof in accordance with subsection 11, paragraph “b”, subparagraph (2), and if there are no reasonable grounds to believe the person consumed alcohol or any other controlled substance that is not covered by the person’s medical cannabidiol registration card, then no reasonable grounds exist to subject the person to chemical testing under this section.
    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law prohibits a person from operating a motor vehicle while any amount of a controlled substance is present in the person, as measured in the person’s blood or urine. This prohibition does not apply if the substance was prescribed for the person and was taken under the prescription and in accordance with the directions of a medical practitioner or if the substance was dispensed by a pharmacist without a prescription pursuant to the rules of the board of pharmacy, if there is no evidence of the consumption of alcohol and the medical practitioner or pharmacist had not directed the person to refrain from operating a motor vehicle.
   This bill provides an additional exception if the substance was consumed in accordance with Code chapter 124E (medical cannabidiol Act).
   The bill also provides a person an affirmative defense to operating-while-intoxicated (OWI) charges if the controlled substance present in the person’s blood or urine was consumed in accordance with Code chapter 124E. Under Iowa court rules, a defendant who intends to rely on an affirmative defense must file written notice in advance of trial. An affirmative defense is a form of legal justification that negates criminal liability, even if the elements of the crime are proven. The bill also adds the bill’s establishment of an affirmative defense to the list of other affirmative defenses provided in Code section 124E.12 (use of medical cannabidiol —— affirmative defenses).
   Under the bill, it is presumed that a controlled substance present in a person’s blood or urine was consumed in accordance with Code chapter 124E if the person furnishes proof of a medical cannabidiol registration card valid on the date the person is alleged to have committed the offense.
   Current law sets forth an implied consent to test: a person who operates a motor vehicle under circumstances which give reasonable grounds to believe that the person is committing an OWI violation is deemed to have given consent to the withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test of the specimens. The bill provides that, as part of a traffic stop, if a person furnishes proof under the bill and there are no reasonable grounds to believe the person consumed alcohol or another controlled substance, then no reasonable grounds exist to subject the person to chemical testing.
   The bill prohibits considering as a previous offense a prior OWI conviction for which a person can furnish proof of a medical cannabidiol registration card valid on the date the person committed the offense, if there was no admissible evidence of consumption of alcohol or any other controlled substance that was not covered by the person’s medical cannabidiol registration card. Under current law, a second or subsequent OWI offense is subject to enhanced criminal penalties and driver’s license sanctions.
   The bill takes effect upon enactment.