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. Possession of even small amounts of marijuana is a misdemeanor crime. 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
Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''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.
Prohibition
Amidst an early 20th century trend of limiting the drug,
Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to th ...
prohibited cannabis in 1923.
Other sources state 1921.
Decriminalization attempts
Failed 1970s decriminalization attempts
In the 1970s, Iowa introduced decriminalization legislation which failed.
2014 failed decriminalization
In early 2014, House File 2313 was proposed, which would have reduced the penalty for possession of under 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.
2015 failed deprioritization in Cedar Falls
The city of
Cedar Falls proposed to deprioritize municipal police enforcement of marijuana offenses for possession under . 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."
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.
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).
[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.]
In May 2014, Governor
Terry Branstad
Terry Edward Branstad (born November 17, 1946) is an American politician and former diplomat. A member of the Republican Party, he served three terms in the Iowa House of Representatives from 1973 to 1979 before serving as governor of Iowa f ...
signed into law the ''Medical Cannabidiol Act'', allowing possession of
CBD oil
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. , clinical research on CBD incl ...
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."
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
Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
,
chronic pain
Chronic pain is classified as pain that lasts longer than three to six months. In medicine, the distinction between acute and chronic pain is sometimes determined by the amount of time since onset. Two commonly used markers are pain that continue ...
,
multiple sclerosis,
HIV/AIDS
Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...
,
Crohn's disease,
Parkinson's disease
Parkinson's disease (PD), or simply Parkinson's, is a long-term degenerative disorder of the central nervous system that mainly affects the motor system. The symptoms usually emerge slowly, and as the disease worsens, non-motor symptoms becom ...
, and more.
2020: Further expansion of medical marijuana
On June 29, 2020 Governor of Iowa,
Kim Reynolds
Kimberly Kay Reynolds (née Strawn; born August 4, 1959) is an American politician serving as the 43rd governor of Iowa since 2017. A member of the Republican Party, Reynolds served as the 46th lieutenant governor of Iowa from 2011 to 2017.
B ...
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.
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
A concentrate is a form of substance that has had the majority of its base component (in the case of a liquid: the solvent) removed. Typically, this will be the removal of water from a solution or suspension, such as the removal of water from ...
, 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.
Law enforcement CBD seizures
In 2018 law enforcement in Iowa began seizing products that say they contain CBD without testing. 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. No analytical data of the concentrations of CBD, tetrahydrocannabinol, or other cannabinoids were provided.
Polling
An early 2014 poll by
Iowa Poll showed that Iowans favored legalizing medical marijuana 59%-31%, but opposed recreational marijuana 28%-69%.
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%).
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%).
Feral hemp
Feral hemp
Feral cannabis, or wild marijuana (often referred to in North America as ditch weed), is wild-growing cannabis generally descended from industrial hemp plants previously cultivated for fiber, with low or negligible amounts of psychoactive tetrahy ...
, descended from plants once farmed for
industrial hemp
Hemp, or industrial hemp, is a botanical class of ''Cannabis sativa'' cultivars grown specifically for industrial or medicinal use. It can be used to make a wide range of products. Along with bamboo, hemp is among the fastest growing plants o ...
, grows wild in Iowa and many neighboring states. It is very low in tetrahydrocannabinol content.
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Iowa Hemp Act
In 2019, in response to the 2018 United States farm bill
The 2018 farm bill or Agriculture Improvement Act of 2018 is an enacted United States farm bill that reauthorized $867 billion for many expenditures approved in the prior farm bill (the Agricultural Act of 2014). The bill was passed by the Senat ...
, 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
The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of com ...
approved the plan in March 2020. On June 17, 2020 Governor Reynolds signed HF2581 which explicitly legalized the possession and sale of consumable hemp products including CBD. Iowa law classifies hemp products "intended to be introduced into the human body by any method of inhalation" as marijuana and are therefore illegal.
References
{{Cannabis in the United States
Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to th ...
Crime in Iowa
Iowa culture