Iowa Marijuana Laws & Considerations

In Iowa marijuana remains illegal – both medical and recreational. Low level THC is legal for medical reasons. Be aware the CBD products may contain more THC then advertised and can often cause a positive marijuana test.

Medical Marijuana

Recreational Marijuana

Employer Concerns – Significant to Review

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.
(Iowa’s Medical Cannabidiol Act 124E-21) states that in the interest of health and safety, an employer may restrict use of marijuana and can establish and enforce a zero-tolerance drug-free workplace.
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).

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.
Iowa’s HF 283 makes attempts to defraud a drug or alcohol test a criminal offense with specified penalties and specifically charges that the entity with knowledge of such an attempt (the employer), may report such information to law enforcement.
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.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Iowa SF 2360 – Medical Cannabidiol Act
Iowa HB 524 – CBD related
Iowa 124E.21 – Medical Cannabidiol Act reference to marijuana
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
Dix v. Casey’s General Stores, Inc. No. 18-1464 (Iowa Ct. 2019) – Case decision related to drug testing related
Iowa HF 283 – Drug test related
Iowa Code Ann. 96.5(2) – Unemployment related • Iowa Code Ann. 85.16 – Workers’ compensation related
Iowa Code Ann. 85.16 – Workers’ compensation related

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).

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