Iowa continues to jail cannabis consumers

Iowa lags behind other states both in the nation as a whole and in its region on marijuana policy. Unlike 31 other states, Iowa continues to arrest individuals for possessing small amounts of marijuana. Neighboring Illinois, Minnesota, and Missouri legalized cannabis for adults, while Nebraska decriminalized simple possession back in the 1970s.

But in Iowa, first-offense possession of even a single joint is punishable by up to six months in jail and a $1,000 fine, one of the most severe first-offense penalties in the country. These draconian penalties hit communities of color the hardest. According to data compiled by the ACLU, Black Iowans are nearly eight times more likely to be arrested for marijuana prohibition than white individuals.

Iowa lacks a citizen initiative process, so the only way to change state law is for the legislature itself to pass a law, or for the legislature to refer the question to voters. Lawmakers have proposed bills to legalize and regulate cannabis, and to refer the issue to voters. But the bills have not even been given committee votes. The Republican majority has repeatedly refused to allow decriminalization, legalization, and comprehensive medical cannabis bills to reach the floor.

Let your legislators know you want them to stand with voters, and to end the failed war on cannabis. You can also ask them to support reducing the penalty for simple possession to a fine.

Iowa’s Medical Cannabis Program improving, but still restrictive

In 2014, Iowa lawmakers enacted a restrictive law to allow certain patients to possess — but not access — low-THC cannabis oils without facing a conviction. The law was significantly revised in 2017 (HB 524) and 2020 (HF 2589). With those changes, there is a much longer list of qualifying conditions, which includes chronic pain and PTSD. Iowa now allows in-state access to cannabis preparations, and patients are no longer limited to low-THC preparations.

Registered patients may possess products with a total of 4.5 grams of THC every 90 days, with exceptions for cases where providers specify a specific, greater quantity is needed. For more details about the law, as amended, see our summary.
As of June 2023, 2,107 health care practitioners had issued certifications for 17,623 active patients (0.5% of the state population). This is much smaller than most medical cannabis programs  — and much smaller than the number of Iowans using far more dangerous medications, including opioids.

Iowa’s Medical Cannabis Program remains among the most restrictive medical cannabis programs: only cannabis preparations — not raw flower — are allowed. Only two manufacturers are authorized in the state, home cultivation is not allowed, and patients are limited in the amount of THC they can access every 90 days — unless they have a waiver. MPP categorizes the law as a “low-THC law” rather than a full medical cannabis law.

Unfortunately, Gov. Kim Reynolds has stood in the way of some progress. Although she signed a 2020 compromise bill, in 2019, Gov. Reynolds vetoed a bill that would have allowed patients to purchase medical cannabis preparations with up to 25 grams of THC over 90 days.

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