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Marijuana Considerations & Laws In Iowa

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.

Employment Information

Employer Concerns

  • Iowa has a low-THC oils law denoting a THC cap of 3% and legal protection for registrants, if they obtain a card from the state. Allowable forms include oral, topical, nebulized inhalable, and rectal or vaginal suppositories.

Testing

  • If an employer does drug testing in this state there are some restrictions (i.e., marijuana is included in the drug testing panel, safety-sensitive employees can be in only one random testing pool, test results need to be sent to the donor (applicant or employee).

Use/Possession

  • Smoking of CBD is not permitted.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • Impaired driving has zero-tolerance for THC.
  • There is a rebuttable presumption of intoxication if an employee has a positive post-injury test and the employee does not qualify for workers’ compensation benefits.

Sources (e.g. Bill Number, Authority)

  • Iowa SF 2360 – Medical Cannabis Act
  • Iowa HB 524 – CBD related
  • Iowa’s Office of Medical Cannabidiol – http://idph.iowa.gov/omc
  • Iowa Code Ann. 730.5 – Drug testing related
  • Iowa Admin. Code 641-12.1 to 12.21 – Drug testing related
  • Sims v. NCI Holding Company (2009) Supreme Court of Iowa No. 07-1468 – Case decision related to drug testing
  • Iowa Code Ann. 96.5(2) – Unemployment related
  • Iowa Code Ann. 85.16 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).