Cannabis in Iowa

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Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. [1] Possession of even small amounts of marijuana is a misdemeanor crime. [2] The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization. [3]

Contents

Prohibition

Amidst an early 20th century trend of limiting the drug, Iowa prohibited cannabis in 1923. [4] Other sources state 1921. [5]

Decriminalization attempts

Failed 1970s decriminalization attempts

In the 1970s, Iowa introduced decriminalization legislation which failed. [6] [7]

2014 failed decriminalization

In early 2014, House File 2313 was proposed, which would have reduced the penalty for possession of under 42.5 grams (1+1⁄2 oz) to a fine of $300, and possession of under a kilogram. The bill failed to progress before the expiry of a procedural deadline, so was rejected. [8]

2015 failed deprioritization in Cedar Falls

The city of Cedar Falls proposed to deprioritize municipal police enforcement of marijuana offenses for possession under one ounce (28 g). The resolution was voted down in January 2015 by a majority of the city council, with one member stating: "We are a governing body tasked with making laws, not ignoring laws." [9]

Medical marijuana

1979-1981 precedents

From late 1979 to mid-1981, Iowa's administrative rules allowed for medical use of marijuana through a therapeutic research center. [10]

2014: Legalization of CBD oil

Introduced by a committee, placed on Ways and Means calendar, Senate Bill 2360 on April 23, 2014 passed in the Senate by a vote of 36-12 on April 24, 2014. Bill 2360 was read for the first time in the House, referred to the Public Safety Committee, and passed by a subcommittee on April 25, 2014; Committee reports recommended amendments be made as well as passage; committee amendments were filed on April 29, 2014. Senate Bill 2360 allows the possession or use of cannabidiol that has less than 3% tetrahydrocannabinol for the treatment of intractable epilepsy, through the written recommendation of a neurologist. The bill states that the cannabidiol must be obtained from an out-of-state source and "recommended for oral or transdermal administration", (smoked). [11] [12]

In May 2014, Governor Terry Branstad signed into law the Medical Cannabidiol Act, allowing possession of CBD oil with a neurologist's recommendation for the treatment of intractable epilepsy in children, to go into effect at the end of January 2015. Observers criticized the new law, noting that it contained no provision for legally obtaining CBD oil, as it remains illegal to produce in Iowa or to transport across state lines. A policy advisor for the Iowa Department of Public Health noted: "There are still some very fundamental barriers to parents getting the oil." [13] [14]

2017: Expansion of medical marijuana

In May 2017, Branstad signed into law an expanded Medical Cannabidiol Act, which expanded the number for diseases for treatment. These diseases include cancer, chronic pain, multiple sclerosis, HIV/AIDS, Crohn's disease, Parkinson's disease, and more. [15] [16]

2020: Further expansion of medical marijuana

On June 29, 2020 Governor of Iowa, Kim Reynolds approved House File 2589. This Act was an update to the existing legislation regarding the medical cannabidiol act and marijuana. The amendments included, but are not limited to further additions to the list of conditions for patients to qualify for medical cannabis and also a change to the maximum amount of THC which may be given to patients, replacing the 3% limit with a cap of 4.5 grams per patient in a 90 day period. [17] [18]

2023: Adult-use Marijuana Legalization

On February 21, 2023 Iowa House democrats introduced senate bill SF73 which if passed, would legalize the regulated sale & possession for legal adult residents and non-residents 21 years of age or older of up to an amount not exceeding 30 grams of Marijuana flower, 5 grams of concentrate, and 500 mg of Tetrahydrocannabinol (THC) contained in a product infused with Marijuana. Non-residents 21 years of age or older with a valid ID showing proof of age may purchase and possess up to half of the total amount that legal residents are able to. [19]

Law enforcement CBD seizures

In 2018 law enforcement in Iowa began seizing products that say they contain CBD without testing. [20] Iowa's 124E Medical CBD law states that any Medical CBD must be treated as marijuana without licensing, but defines Medical CBD as "any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that has a tetrahydrocannabinol level of no more than three percent and that is delivered in a form recommended by the medical cannabidiol board, approved by the board of medicine, and adopted by the department pursuant to rule." The confusion comes from what would be considered pharmaceutical grade CBD and what would be considered a dietary supplement. Some of the products seized in Muscatine Iowa were sent to the state crime lab for test. [21] No analytical data of the concentrations of CBD, tetrahydrocannabinol, or other cannabinoids were provided. [22]

Polling

An early 2014 poll by Iowa Poll showed that Iowans favored legalizing medical marijuana 59%-31%, but opposed recreational marijuana 28%-69%. [23]

A poll in February 2019 showed that Iowans were equal in support of and in opposition to legalization of recreational marijuana (48%-48%). The same poll showed that Iowans are in favor of expansion of medical marijuana access (78%-18%). [24]

A poll in March 2020 showed another increase of support to recreational marijuana legalization (53%-41%) as well as expansion of medical marijuana access (81%-13%). [25]

Feral hemp

Feral hemp, descended from plants once farmed for industrial hemp, grows wild in Iowa and many neighboring states. It is very low in tetrahydrocannabinol content. [26]

Iowa Hemp Act

In 2019, in response to the 2018 United States farm bill, the Iowa Legislature passed and Governor Reynolds signed into law the Iowa Hemp Act that defined a plan to allow the growth of industrial hemp, defined as cannabis with 0.3% or less of THC. The USDA approved the plan in March 2020. [27] On June 17, 2020 Governor Reynolds signed HF2581 which explicitly legalized the possession and sale of consumable hemp products including CBD. [28] [29] Iowa law classifies hemp products "intended to be introduced into the human body by any method of inhalation" as marijuana and are therefore illegal. [30]

Related Research Articles

<span class="mw-page-title-main">Cannabis edible</span> Food item containing cannabis extract or cannabinoids

A cannabis edible, also known as a cannabis-infused food or simply an edible, is a food item that contains decarboxylated cannabinoids from cannabis extract as an active ingredient. Although edible may refer to either a food or a drink, a cannabis-infused drink may be referred to more specifically as a liquid edible or drinkable. Edibles are a way to consume cannabis. Unlike smoking, in which cannabinoids are inhaled into the lungs and pass rapidly into the bloodstream, peaking in about ten minutes and wearing off in a couple of hours, cannabis edibles may take hours to digest, and their effects may peak two to three hours after consumption and persist for around six hours. The food or drink used may affect both the timing and potency of the dose ingested.

<span class="mw-page-title-main">Cannabidiol</span> Phytocannabinoid discovered in 1940

Cannabidiol (CBD) is a phytocannabinoid discovered in 1940. It is one of 113 identified cannabinoids in cannabis plants, along with tetrahydrocannabinol (THC), and accounts for up to 40% of the plant's extract. As of 2022, clinical research on CBD included studies related to the treatment of anxiety, addiction, psychosis, movement disorders, and pain, but there is insufficient high-quality evidence that cannabidiol is effective for these conditions. CBD is also sold as a herbal dietary supplement promoted with unproven claims of particular therapeutic effects.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Charlotte's Web (cannabis)</span> Strain of medical marijuana

Charlotte's Web is a brand of high-cannabidiol (CBD), low-tetrahydrocannabinol (THC) products derived from industrial hemp and marketed as dietary supplements and cosmetics under federal law of the United States. It is produced by Charlotte's Web, Inc. in Colorado. Hemp-derived products do not induce the psychoactive "high" typically associated with recreational marijuana strains that are high in THC. Charlotte's Web hemp-derived products contain less than 0.3% THC.

<span class="mw-page-title-main">Cannabis in Wyoming</span> Overview of the use and legality of cannabis in Wyoming

Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort was made to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.

<span class="mw-page-title-main">Cannabis in Georgia (U.S. state)</span> Legality, use and culture of cannabis in the U.S. state of Georgia

Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, Macon, Athens, and others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.

<span class="mw-page-title-main">Cannabis in Wisconsin</span> Overview of the use and culture of cannabis in Wisconsin, U.S.

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in Idaho</span> Illegal activity

Cannabis in Idaho is fully illegal for any use, whether recreational or medical. The laws on cannabis prohibition in Idaho are among the most severe in the United States, with possession of even small amounts of it a misdemeanor crime, and no legality of medical marijuana. As of 2018, support for the legalization of medical cannabis is broadly popular in the state, while legalization of the drug recreationally remains a wedge issue. Both the state's legislature as a whole and its governor, Brad Little, remain staunchly opposed to its legalization for medicinal or recreational purposes.

<span class="mw-page-title-main">Cannabis in Virginia</span> Legality, use and culture of cannabis in the U.S. state of Virginia

Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.

<span class="mw-page-title-main">Cannabis in Kansas</span> Legality, use and culture of cannabis in the U.S. state of Kansas

Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.

<span class="mw-page-title-main">Cannabis in Texas</span> Overview of the use and culture of cannabis in Texas, U.S.

Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

<span class="mw-page-title-main">Cannabis in North Carolina</span> Legality, use and culture of cannabis in the U.S. state of North Carolina

Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.

<span class="mw-page-title-main">Cannabis in Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Mississippi</span> Legality, use and culture of cannabis in the U.S. state of Mississippi

Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.

<span class="mw-page-title-main">Cannabis in Minnesota</span>

Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.

<span class="mw-page-title-main">Cannabis in Israel</span>


The possession, use, and distribution of cannabis without a license in the State of Israel are violations under the Dangerous Drugs Ordinance. A decade ago, despite these regulations, enforcement was relatively lax, partially influenced by a political movement advocating tolerance. Over the years, the enforcement approach has progressively become more lenient. As of 2021, cannabis use has been fully decriminalized, with it being treated as an administrative infraction primarily when used in highly visible public places. There is a possibility that cannabis may be legalized for recreational use by adults aged 21 and older in the future, with regulations akin to those for alcohol. Public and cross-party political support for the complete decriminalization of cannabis increased in the 2010s with increasing usage for both medical and recreational purposes, and the establishment of a political party primarily devoted to this cause; on July 19, 2018, the Knesset approved a bill for decriminalization, although the supporters of recreational cannabis use insisted that this did not represent complete decriminalization. The law came into effect on April 1, 2019. On June 25, 2020, further legislation designed to decriminalize possession of up to 50 grams of cannabis began its passage through the Knesset.

Cannabis in Ukraine is legal for medical purposes.

<span class="mw-page-title-main">Outline of cannabis</span> Overview of and topical guide to cannabis

The following outline is provided as an overview of and topical guide to the plant Cannabis sativa and its relatives Cannabis indica and Cannabis ruderalis, the drug cannabis (drug) and the industrial product hemp.

<span class="mw-page-title-main">Δ-8-Tetrahydrocannabinol</span> Isomer of tetrahydrocannabinol

Δ-8-tetrahydrocannabinol is a psychoactive cannabinoid found in the Cannabis plant. It is an isomer of delta-9-tetrahydrocannabinol, the compound commonly known as THC, with which it co-occurs in hemp; natural quantities of ∆8-THC found in hemp are low.

References

  1. ↑ "Consumable Hemp | Iowa Department of Inspections & Appeals". dia.iowa.gov. Retrieved September 4, 2021.
  2. ↑ "Iowa Laws and Penalties". NORML. Retrieved March 26, 2021.
  3. ↑ "The Office of Medical Cannabidiol - For Patients and Caregivers". State of Iowa Department of Health and Human Services.
  4. ↑ Sarah E. Boslaugh (December 8, 2015). The SAGE Encyclopedia of Pharmacology and Society. SAGE Publications. pp. 1758–. ISBN   978-1-5063-4618-2.
  5. ↑ Richard Davenport-Hines (November 10, 2003). The Pursuit of Oblivion: A Global History of Narcotics. W.W. Norton. pp. 240–. ISBN   978-0-393-32545-4.
  6. ↑ National Governors' Conference. Center for Policy Research and Analysis; Peat, Marwick, Mitchell & Co (1977). Research and case studies. National Institute of Law Enforcement and Criminal Justice. p. 203. Two adjacent states, South Dakota and Minnesota, passed marijuana decriminalization bills in 1976. Iowa also introduced such legislation, yet it was defeated. This section will document Iowa's experience.{{cite book}}: |author1= has generic name (help)CS1 maint: multiple names: authors list (link)
  7. ↑ Peat, Marwick, Mitchell & Co (1977). Marijuana: Findings and analysis. The Center. p. 49.{{cite book}}: CS1 maint: multiple names: authors list (link)
  8. ↑ "Bills die in Des Moines as procedural deadline passes | Daily Iowan Ethics & Politics Initiative". Dailyiowanepi.com. February 24, 2014. Archived from the original on February 25, 2014. Retrieved August 27, 2015.
  9. ↑ "Cedar Falls won't decriminalize marijuana". Wcfcourier.com. January 6, 2015. Retrieved August 27, 2015.
  10. ↑ Mike Wiser (March 28, 2014). "Lawmakers to introduce bills to decriminalize marijuana". TheGazette. Retrieved August 27, 2015.
  11. ↑ O'Keefe, Karen. "8 States with Pending Legislation to Legalize Medical Marijuana - Medical Marijuana - ProCon.org." ProConorg Headlines. N.p., n.d. Web. February 6, 2014.
  12. ↑ "Marijuana Legalization: The State of the 50 States - WoahStork". WoahStork. June 12, 2016. Retrieved June 21, 2016.
  13. ↑ Policy, Marijuana (October 17, 2014). "Iowa Medical Cannabidiol Law Makes CBD Legal to Possess but Impossible to Obtain". Thedailychronic.net. Retrieved August 27, 2015.{{cite web}}: |last= has generic name (help)
  14. ↑ Rodriguez, Barbara (July 16, 2015). "Iowa cannabis oil program: $115K spent on about 50 ID cards". Thecannabist.co. Retrieved August 27, 2015.
  15. ↑ Murphy, Erin (May 12, 2017). "Branstad signs medical cannabis bill into law". TheGazette.com. Retrieved January 15, 2018.
  16. ↑ "HF524". legis.iowa.gov. Retrieved January 15, 2018.
  17. ↑ Gruber-Miller, Ian Richardson and Stephen. "Gov. Kim Reynolds signs bill to change THC cap for Iowa's medical marijuana program". Des Moines Register. Retrieved September 13, 2021.
  18. ↑ "House File 2598 with letter from Governor of Iowa, Kim Reynolds". Iowa State Legislature. June 29, 2020. Retrieved August 3, 2020.
  19. ↑ "Senate File 73 - Introduced". The Iowa Legislature. February 21, 2023.
  20. ↑ Leys, Tony (January 11, 2018). "Iowa police seize CBD oil without always testing to confirm it's illegal marijuana". DesMoinesRegister.com. Retrieved January 15, 2018.
  21. ↑ "Official Report of Iowa Department of Public Safety DCI Crime Laboratory" (PDF). wqad.com. January 9, 2018. 2017-28993 Report 1. Archived from the original (PDF) on January 17, 2018. Retrieved January 16, 2018.
  22. ↑ Sullivan, Adam (January 11, 2018). "Iowa's marijuana witch hunt flouts basic science". TheGazette.com. Retrieved January 15, 2018.
  23. ↑ Tony Leys (March 3, 2014). "Iowa Poll: 59% back legalizing medical marijuana". Desmoinesregister.com. Retrieved August 27, 2015.
  24. ↑ Tony Leys (February 23, 2019). "Iowa Poll: 78% want medical marijuana program expanded, 48% would allow recreational pot". Desmoinesregister.com. Retrieved October 16, 2020.
  25. ↑ Nick Coltrain (March 15, 2020). "Iowa Poll: Most Iowans support expanding medicinal cannabis and legalizing recreational marijuana". Desmoinesregister.com. Retrieved October 16, 2020.
  26. ↑ United States. Congress. House. Select Committee on Crime (1970). Crime in America--views on Marijuana: Hearings ..., 91-1, Pursuant to H. Res. 17 ... Oct. 14, 15, 1969. p. 20.
  27. ↑ "Iowa's Hemp Act Approved by USDA, Iowa Farmers Can Grow Hemp in 2020 Growing Season". Cedar Rapids Metro Economic Alliance. Archived from the original on September 4, 2021.
  28. ↑ "BREAKING!!! CBD and Other Hemp Extracts Explicitly Legal in Iowa". GRL Law. June 18, 2020. Retrieved September 4, 2021.
  29. ↑ "Iowans demand radical change, get CBD gummies instead". www.thegazette.com. Retrieved September 4, 2021.
  30. ↑ "Consumable Hemp | Iowa Department of Inspections & Appeals". dia.iowa.gov. Retrieved September 4, 2021.
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