Read the full stored bill text
House
File
2206
-
Introduced
HOUSE
FILE
2206
BY
AMOS
JR.
,
WICHTENDAHL
,
GAINES
,
LEVIN
,
MADISON
,
McBURNEY
,
RAMIREZ
,
GOSA
,
WILSON
,
SCHOLTEN
,
KRESSIG
,
WILBURN
,
R.
JOHNSON
,
KURTH
,
and
WESSEL-KROESCHELL
A
BILL
FOR
An
Act
relating
to
the
manufacture,
delivery,
and
possession
1
of
marijuana,
the
licensure
of
retail
marijuana,
providing
2
fees,
including
excise
taxes,
establishing
funds,
providing
3
penalties,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
MARIJUANA
——
CRIMINAL
PENALTIES
2
Section
1.
Section
124.401,
subsection
1,
unnumbered
3
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
4
Except
as
authorized
by
this
chapter
,
chapter
124E,
or
5
chapter
124F
,
it
is
unlawful
for
any
person
to
manufacture,
6
deliver,
or
possess
with
the
intent
to
manufacture
or
deliver,
7
a
controlled
substance,
a
counterfeit
substance,
a
simulated
8
controlled
substance,
or
an
imitation
controlled
substance,
9
or
to
act
with,
enter
into
a
common
scheme
or
design
with,
10
or
conspire
with
one
or
more
other
persons
to
manufacture,
11
deliver,
or
possess
with
the
intent
to
manufacture
or
deliver
12
a
controlled
substance,
a
counterfeit
substance,
a
simulated
13
controlled
substance,
or
an
imitation
controlled
substance.
14
Sec.
2.
Section
124.401,
subsection
1,
paragraph
a,
15
subparagraph
(6),
Code
2026,
is
amended
by
striking
the
16
subparagraph.
17
Sec.
3.
Section
124.401,
subsection
1,
paragraph
b,
18
subparagraph
(6),
Code
2026,
is
amended
by
striking
the
19
subparagraph.
20
Sec.
4.
Section
124.401,
subsection
1,
paragraph
c,
21
subparagraph
(5),
Code
2026,
is
amended
by
striking
the
22
subparagraph.
23
Sec.
5.
Section
124.401,
subsection
1,
paragraph
c,
24
subparagraph
(9),
Code
2026,
is
amended
to
read
as
follows:
25
(9)
Any
other
controlled
substance,
counterfeit
substance,
26
simulated
controlled
substance,
or
imitation
controlled
27
substance
classified
in
schedule
I,
II,
or
III,
except
as
28
provided
in
paragraph
“d”
,
chapter
124E,
or
chapter
124F
.
29
Sec.
6.
Section
124.401,
subsection
1,
paragraph
d,
Code
30
2026,
is
amended
to
read
as
follows:
31
d.
Violation
of
this
subsection
,
with
respect
to
any
other
32
controlled
substances,
counterfeit
substances,
simulated
33
controlled
substances,
or
imitation
controlled
substances
34
classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
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However,
violation
of
this
subsection
involving
fifty
kilograms
1
or
less
of
marijuana
or
involving
flunitrazepam
is
a
class
“D”
2
felony.
3
Sec.
7.
Section
124.401,
subsection
5,
paragraph
b,
Code
4
2026,
is
amended
to
read
as
follows:
5
b.
If
the
controlled
substance
is
marijuana,
the
punishment
6
shall
be
by
imprisonment
in
the
county
jail
for
not
more
than
7
six
months
or
by
a
fine
of
not
more
than
one
thousand
dollars,
8
or
by
both
such
fine
and
imprisonment
for
a
first
offense.
If
9
the
controlled
substance
is
marijuana
and
the
person
has
been
10
previously
convicted
of
a
violation
of
this
subsection
in
which
11
the
controlled
substance
was
marijuana,
the
punishment
shall
be
12
as
provided
in
section
903.1,
subsection
1
,
paragraph
“b”
.
If
13
the
controlled
substance
is
marijuana
and
the
person
has
been
14
previously
convicted
two
or
more
times
of
a
violation
of
this
15
subsection
in
which
the
controlled
substance
was
marijuana,
16
the
person
is
guilty
of
an
aggravated
misdemeanor.
This
17
subsection
does
not
apply
to
the
possession
of
marijuana
which
18
is
punishable
pursuant
to
chapter
124F.
19
Sec.
8.
Section
124.401G,
Code
2026,
is
amended
to
read
as
20
follows:
21
124.401G
Iowa
hemp
Act.
22
Notwithstanding
any
provision
of
this
chapter
to
the
23
contrary,
a
person
shall
not
be
guilty
of
an
offense
under
24
this
chapter
,
including
under
section
124.401
or
124.410
,
25
for
producing,
possessing,
using,
harvesting,
handling,
26
manufacturing,
marketing,
transporting,
delivering,
or
27
distributing
the
plant
cannabis,
to
the
extent
that
the
person
28
is
a
USDA
licensee
acting
in
accordance
with
the
federal
hemp
29
law,
as
those
terms
are
defined
in
chapter
204A
.
30
Sec.
9.
Section
124.407,
subsection
2,
Code
2026,
is
amended
31
to
read
as
follows:
32
2.
a.
Any
person
who
violates
this
section
,
and
where
the
33
controlled
substance
is
any
one
a
controlled
substance
other
34
than
marijuana
,
is
guilty
of
a
class
“D”
felony.
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b.
Any
person
who
violates
this
section
,
and
where
the
1
controlled
substance
is
marijuana
only,
is
guilty
of
a
serious
2
misdemeanor.
3
Sec.
10.
Section
124.411,
subsection
2,
Code
2026,
is
4
amended
to
read
as
follows:
5
2.
For
purposes
of
this
section
,
an
offense
is
considered
6
a
second
or
subsequent
offense,
if,
prior
to
the
person’s
7
having
been
convicted
of
the
offense,
the
offender
has
ever
8
been
convicted
under
this
chapter
or
under
any
state
or
federal
9
statute
relating
to
narcotic
drugs
or
cocaine,
marijuana,
10
depressant,
stimulant,
or
hallucinogenic
drugs.
11
Sec.
11.
Section
124.413,
subsection
2,
Code
2026,
is
12
amended
to
read
as
follows:
13
2.
This
section
shall
not
apply
if
:
14
a.
The
offense
is
found
to
be
an
accommodation
pursuant
to
15
section
124.410
;
or
16
b.
The
the
controlled
substance
is
marijuana.
17
Sec.
12.
NEW
SECTION
.
124F.1
Definitions.
18
As
used
in
this
subchapter:
19
1.
“Counterfeit
substance”
means
the
same
as
defined
in
20
section
124.101.
21
2.
“Imitation
controlled
substance”
means
the
same
as
22
defined
in
section
124.101.
23
3.
“Marijuana”
means
the
same
as
defined
in
section
124.101,
24
and
includes
a
counterfeit
substance,
imitation
controlled
25
substance,
or
simulated
controlled
substance
containing
a
26
detectable
amount
of
marijuana.
27
4.
“Simulated
controlled
substance”
means
the
same
as
28
defined
in
section
124.101.
29
Sec.
13.
NEW
SECTION
.
124F.2
Marijuana
——
penalties.
30
1.
a.
Except
as
otherwise
provided
in
this
subchapter
and
31
chapter
124E,
it
is
unlawful
for
any
person
to
manufacture,
32
deliver,
or
possess
with
the
intent
to
manufacture
or
deliver
33
marijuana,
or
to
act
with,
enter
into
a
common
scheme
or
34
design
with,
or
conspire
with
one
or
more
other
persons
to
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manufacture,
deliver,
or
possess
with
the
intent
to
manufacture
1
or
deliver
marijuana.
A
violation
of
this
subsection
involving
2
the
following
amounts
of
marijuana
shall
be
punishable
as
3
follows:
4
(1)
More
than
fifty
kilograms
shall
be
a
class
“C”
felony.
5
(2)
More
than
two
kilograms
but
not
more
than
fifty
6
kilograms
shall
be
a
class
“D”
felony.
7
(3)
More
than
twelve
ounces
but
not
more
than
two
kilograms
8
shall
be
an
aggravated
misdemeanor.
9
(4)
More
than
four
ounces
but
not
more
than
twelve
ounces
10
shall
be
punishable
as
a
serious
misdemeanor.
11
(5)
Four
ounces
or
less
shall
be
punishable
as
a
simple
12
misdemeanor,
except
as
provided
in
section
124F.3.
13
b.
In
addition
to
any
other
penalties
provided
in
this
14
subsection,
a
person
who
is
eighteen
years
of
age
or
older
15
who
unlawfully
manufactures
with
the
intent
to
distribute,
16
distributes,
or
possesses
with
the
intent
to
distribute
17
marijuana
to
another
person
who
is
eighteen
years
of
age
or
18
older
in
or
on,
or
within
one
thousand
feet
of,
the
real
19
property
comprising
a
public
or
private
elementary
or
secondary
20
school,
public
park,
public
swimming
pool,
public
recreation
21
center,
or
on
a
marked
school
bus,
may
be
sentenced
up
to
an
22
additional
term
of
confinement
of
five
years.
23
2.
It
is
unlawful
for
any
person
knowingly
or
intentionally
24
to
possess
marijuana
unless
such
substance
was
obtained
25
directly
from,
or
pursuant
to,
a
valid
prescription
or
order
of
26
a
practitioner
while
acting
in
the
course
of
the
practitioner’s
27
professional
practice,
or
except
as
otherwise
authorized
by
28
this
subsection.
A
violation
of
this
subsection
involving
29
the
possession
of
the
following
amounts
of
marijuana
shall
be
30
punishable
as
follows:
31
a.
More
than
six
ounces
but
not
more
than
twelve
ounces
is
32
a
serious
misdemeanor.
33
b.
More
than
one-half
ounce
but
not
more
than
six
ounces
is
34
a
simple
misdemeanor.
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c.
One-half
ounce
or
less
is
not
a
criminal
offense
but
1
shall
be
assessed
as
a
civil
penalty
in
the
amount
of
one
2
hundred
dollars,
except
if
the
person
is
under
twenty-one
years
3
of
age,
the
person
shall
complete
a
drug
awareness
program
and
4
ten
hours
of
unpaid
community
service,
and
shall
notify
the
5
person’s
parents
or
legal
guardian.
6
(1)
The
civil
penalty
shall
be
collected
by
the
clerk
of
the
7
district
court
pursuant
to
section
602.8105,
subsection
5.
8
(2)
Any
records
relating
to
the
civil
penalty
shall
not
9
be
displayed
for
public
viewing
on
the
Iowa
court
information
10
system.
11
(3)
Any
records
relating
to
the
civil
penalty
shall
not
12
be
kept
in
the
criminal
history
data
files
maintained
by
the
13
department
of
public
safety.
Any
records
relating
to
the
civil
14
penalty
shall
not
be
disseminated
to
other
criminal
or
juvenile
15
justice
agencies.
16
3.
a.
A
retail
marijuana
store
shall
not
sell
retail
17
marijuana
in
excess
of
the
following
amounts
in
a
single
18
transaction:
19
(1)
Thirty
grams
of
marijuana
flower.
20
(2)
Five
hundred
milligrams
of
tetrahydrocannabinol
21
contained
in
a
product
infused
with
marijuana.
22
b.
A
person
shall
not
possess
more
than
five
ounces
of
23
marijuana
flower.
24
c.
A
person
in
possession
of
retail
marijuana
in
excess
of
25
the
amounts
specified
in
paragraph
“a”
equivalent
to
the
amounts
26
specified
in
subsection
2,
shall
be
subject
to
the
penalties
in
27
subsection
2.
28
d.
A
retail
marijuana
store
in
violation
of
this
subsection
29
shall
be
subject
to
licensee
discipline
pursuant
to
section
30
124F.16.
31
e.
For
purposes
of
this
subsection,
“retail
marijuana”
and
32
“retail
marijuana
store”
mean
the
same
as
defined
in
section
33
124F.4.
34
4.
a.
Upon
the
expiration
of
two
years
following
a
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conviction
for
a
violation
of
subsection
2,
paragraph
“a”
or
1
“b”
,
a
person
may
petition
the
court
to
expunge
the
conviction,
2
and
if
the
person
has
had
no
other
criminal
convictions,
other
3
than
local
traffic
violations
or
simple
misdemeanor
violations
4
of
chapter
321
during
the
two-year
period,
the
conviction
5
shall
be
expunged
as
a
matter
of
law.
The
court
shall
enter
6
an
order
that
the
record
of
the
conviction
be
expunged
by
the
7
clerk
of
the
district
court.
Notwithstanding
section
692.2,
8
after
receipt
of
notice
from
the
clerk
of
the
district
court
9
that
a
record
of
conviction
has
been
expunged
pursuant
to
this
10
subsection,
the
record
of
conviction
shall
be
removed
from
the
11
criminal
history
data
files
maintained
by
the
department
of
12
public
safety.
13
b.
On
the
effective
date
of
this
Act,
each
court
shall
14
review
its
records
to
identify
persons
who
have
been
convicted
15
of
an
offense
based
on
conduct
allowed
under
this
Act.
Each
16
such
conviction
shall
be
expunged
as
a
matter
of
law
as
17
provided
in
paragraph
“a”
.
18
Sec.
14.
NEW
SECTION
.
124F.3
Juvenile
offenses.
19
The
juvenile
court
shall
have
exclusive
original
20
jurisdiction
in
a
proceeding
concerning
a
minor
who
is
alleged
21
to
have
committed
a
violation
of
this
subchapter.
22
Sec.
15.
NEW
SECTION
.
321.284B
Marijuana
in
motor
vehicles.
23
1.
A
driver
of
a
motor
vehicle
upon
a
public
street
or
24
highway
shall
not
use
marijuana
in
the
passenger
area
of
the
25
motor
vehicle.
“Passenger
area”
means
the
area
designed
to
26
seat
the
driver
and
passengers
while
the
motor
vehicle
is
in
27
operation
and
any
area
that
is
readily
accessible
to
the
driver
28
or
a
passenger
while
in
their
seating
positions,
including
the
29
glove
compartment.
30
2.
A
driver
or
passenger
of
or
in
a
motor
vehicle
upon
a
31
public
street
or
highway
shall
not
possess
marijuana
in
the
32
passenger
area
of
a
motor
vehicle
except
in
a
sealed,
odor
33
proof,
child
resistant
container.
34
3.
For
the
purposes
of
this
section,
“marijuana”
means
the
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same
as
defined
in
section
124.401.
1
4.
A
person
who
knowingly
violates
a
provision
of
this
2
section
is
guilty
of
a
simple
misdemeanor.
3
Sec.
16.
Section
321J.2,
subsection
1,
paragraph
c,
Code
4
2026,
is
amended
to
read
as
follows:
5
c.
While
Except
as
provided
in
section
321J.2C,
any
amount
6
of
a
controlled
substance
is
present
in
the
person,
as
measured
7
in
the
person’s
blood
or
urine.
8
Sec.
17.
NEW
SECTION
.
321J.2C
Operating
while
under
the
9
influence
of
marijuana.
10
1.
A
person
shall
not
operate
a
motor
vehicle
in
this
state
11
while
having
fifty
nanograms
of
tetrahydrocannabinol
in
the
12
person,
as
measured
in
the
person’s
blood.
13
2.
A
person
who
violates
subsection
1
is
guilty
of
a
serious
14
misdemeanor,
punishable
as
follows:
15
a.
For
a
first
offense,
revocation
of
the
person’s
driver’s
16
license
for
a
period
of
one
hundred
eighty
days,
except
that
if
17
the
person
refused
to
submit
to
chemical
testing,
the
person’s
18
driver’s
license
shall
be
revoked
for
a
period
of
one
year.
19
b.
For
a
second
or
subsequent
offense,
revocation
of
the
20
person’s
driver’s
license
for
a
period
of
one
year,
except
21
that
if
the
person
refused
to
submit
to
chemical
testing,
the
22
person’s
driver’s
license
shall
be
revoked
for
a
period
of
two
23
years.
24
Sec.
18.
Section
602.8105,
Code
2026,
is
amended
by
adding
25
the
following
new
subsection:
26
NEW
SUBSECTION
.
5.
The
clerk
of
the
district
court
shall
27
collect
the
civil
penalty
assessed
pursuant
to
section
124F.2,
28
subsection
2,
paragraph
“c”
,
subparagraph
(1).
29
Sec.
19.
NEW
SECTION
.
901C.4
Felony
offenses
related
to
30
marijuana
——
expungement.
31
1.
In
addition
to
the
expungement
provisions
available
32
to
a
defendant
convicted
of
a
misdemeanor
marijuana
offense
33
under
chapter
124,
upon
application
of
a
defendant
convicted
34
of
a
felony
offense
under
chapter
124
in
the
county
where
the
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conviction
occurred,
related
to
the
possession
or
transfer
of
1
marijuana,
the
court
shall
enter
an
order
expunging
the
record
2
of
such
a
criminal
case.
3
2.
A
person
shall
be
granted
an
expungement
of
a
record
4
under
this
section
one
time
in
the
person’s
lifetime.
However,
5
the
one
application
may
request
the
expungement
of
records
6
relating
to
more
than
one
nonviolent
offense
under
this
section
7
if
the
offenses
arose
from
the
same
transaction
or
occurrence,
8
and
the
application
contains
the
offenses
to
be
expunged.
9
3.
The
expunged
record
under
this
section
is
a
confidential
10
record
exempt
from
public
access
under
section
22.7
but
shall
11
be
made
available
by
the
clerk
of
the
district
court
upon
court
12
order.
13
4.
Notwithstanding
section
692.2,
after
receipt
of
14
notice
from
the
clerk
of
the
district
court
that
a
record
of
15
conviction
has
been
expunged
under
subsection
1,
the
record
16
of
conviction
shall
be
removed
from
the
criminal
history
data
17
files
maintained
by
the
department
of
public
safety
if
such
a
18
record
was
maintained
in
the
criminal
history
data
files.
19
5.
The
supreme
court
may
prescribe
rules
governing
the
20
procedures
applicable
to
the
expungement
of
a
criminal
case
21
under
this
section.
22
6.
This
section
applies
to
a
felony
conviction
that
occurred
23
prior
to
January
1,
2027.
24
Sec.
20.
REPEAL.
Section
124.410,
Code
2026,
is
repealed.
25
DIVISION
II
26
RETAIL
MARIJUANA
27
Sec.
21.
NEW
SECTION
.
124F.4
Definitions.
28
For
the
purposes
of
this
subchapter:
29
1.
“Division”
means
the
division
of
the
department
of
30
revenue
responsible
for
the
issuance
of
alcohol
licenses.
31
2.
“Immature
plant”
means
a
nonflowering
marijuana
plant
32
that
is
no
taller
than
eight
inches
and
no
wider
than
eight
33
inches,
is
produced
from
a
cutting,
clipping,
or
seedling,
and
34
is
in
a
cultivating
container.
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3.
“License”
means
a
license
or
registration
issued
pursuant
1
to
this
subchapter.
2
4.
“Licensed
premises”
means
the
premises
specified
in
an
3
application
for
a
license
under
this
subchapter,
which
are
4
owned
or
in
possession
of
the
licensee
and
within
which
the
5
licensee
is
authorized
to
cultivate,
manufacture,
distribute,
6
sell,
or
test
retail
marijuana
and
retail
marijuana
products
in
7
accordance
with
this
subchapter.
8
5.
“Licensee”
means
a
person
licensed
or
registered
pursuant
9
to
this
subchapter.
10
6.
“Local
jurisdiction”
means
a
county.
11
7.
“Local
licensing
authority”
means,
for
any
local
12
jurisdiction
that
has
chosen
to
adopt
a
local
licensing
13
requirement
in
addition
to
the
state
licensing
requirements
14
of
this
subchapter,
an
authority
designated
by
a
municipal
15
or
county
ordinance,
or
resolution,
or
the
governing
body
of
16
a
municipality
or
county,
or
the
board
of
commissioners
of
a
17
county
if
no
such
authority
is
designated.
18
8.
“Location”
means
a
particular
parcel
of
land
that
may
be
19
identified
by
an
address
or
other
descriptive
means.
20
9.
“Marijuana”
means
the
same
as
defined
in
section
124.101.
21
10.
“Marijuana
accessories”
means
any
equipment,
products,
22
or
materials
of
any
kind
which
are
used,
intended
for
use,
or
23
designed
for
use
in
planting,
cultivating,
growing,
harvesting,
24
composting,
manufacturing,
compounding,
converting,
producing,
25
processing,
preparing,
testing,
analyzing,
packaging,
26
repackaging,
storing,
vaporizing,
or
containing
marijuana,
or
27
for
ingesting,
inhaling,
or
otherwise
introducing
marijuana
28
into
the
human
body.
29
11.
“Person”
means
a
natural
person,
partnership,
30
association,
company,
corporation,
limited
liability
company,
31
or
organization;
except
that
“person”
does
not
include
any
32
governmental
organization.
33
12.
“Retail
marijuana”
means
all
parts
of
the
plant
of
the
34
genus
Cannabis,
whether
growing
or
not,
the
seeds
thereof;
the
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resin
extracted
from
any
part
of
the
plant;
and
every
compound,
1
manufacture,
salt,
derivative,
mixture,
or
preparation
of
the
2
plant,
its
seeds
or
resin,
including
marijuana
concentrate.
3
“Retail
marijuana”
does
not
include
industrial
hemp,
nor
does
4
it
include
fiber
produced
from
the
stalks,
oil
or
cake
made
5
from
the
seeds
of
the
plant,
sterilized
seeds
of
the
plant
6
which
are
incapable
of
germination,
or
the
weight
of
any
other
7
ingredient
combined
with
marijuana
to
prepare
topical
or
oral
8
administrations,
food,
drink,
or
other
product.
9
13.
“Retail
marijuana
cultivation
facility”
means
an
entity
10
licensed
to
cultivate,
prepare,
package,
and
sell
marijuana
to
11
retail
marijuana
stores,
to
marijuana
product
manufacturing
12
facilities,
and
to
other
marijuana
cultivation
facilities,
but
13
not
to
consumers.
14
14.
“Retail
marijuana
establishment”
means
a
retail
15
marijuana
store,
a
retail
marijuana
cultivation
facility,
or
a
16
retail
marijuana
products
manufacturer.
17
15.
“Retail
marijuana
products”
means
concentrated
marijuana
18
products
and
marijuana
products
that
are
comprised
of
marijuana
19
and
other
ingredients
and
are
intended
for
use
or
consumption,
20
such
as
but
not
limited
to
edible
products,
ointments,
and
21
tinctures.
22
16.
“Retail
marijuana
products
manufacturer”
means
an
entity
23
licensed
to
purchase
marijuana;
manufacture,
prepare,
and
24
package
marijuana
products;
and
sell
marijuana
and
marijuana
25
products
to
other
marijuana
product
manufacturing
facilities
26
and
to
retail
marijuana
stores,
but
not
to
consumers.
27
17.
“Retail
marijuana
store”
means
an
entity
licensed
28
to
purchase
marijuana
from
marijuana
cultivation
facilities
29
and
sell
marijuana
and
to
purchase
marijuana
products
from
30
retail
marijuana
product
manufacturing
facilities
and
to
sell
31
marijuana
and
marijuana
products
to
consumers.
32
18.
“Retail
marijuana
transporter”
means
an
entity
or
person
33
licensed
to
transport
retail
marijuana
and
retail
marijuana
34
products
from
one
retail
marijuana
establishment
to
another
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retail
marijuana
establishment
and
to
temporarily
store
the
1
transported
retail
marijuana
and
retail
marijuana
products
at
2
its
licensed
premises,
but
is
not
authorized
to
sell
retail
3
marijuana
or
retail
marijuana
products
under
any
circumstances.
4
Sec.
22.
NEW
SECTION
.
124F.5
Applicability.
5
1.
On
or
after
July
1,
2027,
an
applicant
may
apply
for
6
licensure
of
a
retail
marijuana
establishment
pursuant
to
this
7
subchapter.
8
2.
a.
Pursuant
to
subsection
1,
an
applicant
shall
complete
9
forms
as
provided
by
the
division
and
shall
pay
the
application
10
fee
and
the
licensing
fee.
The
division
shall
forward,
within
11
seven
days
of
the
date
of
the
application,
one-half
of
the
12
application
fee
to
the
local
jurisdiction
unless
the
local
13
jurisdiction
has
prohibited
the
operation
of
retail
marijuana
14
establishments.
If
the
license
is
denied,
the
division
shall
15
refund
the
licensing
fee
to
the
applicant.
16
b.
The
division
shall
act
upon
an
application
made
pursuant
17
to
subsection
1
no
sooner
than
forty-five
days
and
no
later
18
than
ninety
days
after
the
date
of
the
application.
The
19
division
shall
process
applications
in
the
order
in
which
20
completed
applications
are
received
by
the
division.
21
3.
a.
Any
local
jurisdiction
may
enact
ordinances
or
22
regulations
governing
the
time,
place,
manner,
and
number
of
23
retail
marijuana
establishments,
which
may
include
a
local
24
licensing
requirement,
or
may
prohibit
the
operation
of
retail
25
marijuana
establishments
by
ordinance
or
by
a
referred
or
26
initiated
measure.
If
a
county
acts
through
an
initiated
27
measure,
the
proponents
shall
submit
a
petition
signed
by
not
28
less
than
fifteen
percent
of
the
registered
electors
in
the
29
county.
30
b.
If
a
county
prohibits
the
operation
of
retail
marijuana
31
establishments,
the
county
shall,
upon
receipt
of
a
petition
32
signed
by
fifteen
percent
of
the
registered
voters
in
the
33
county,
submit
to
the
voters
of
the
county
the
question
of
34
whether
the
operation
of
retail
marijuana
establishments
should
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be
allowed
in
the
county
at
the
next
general
election.
1
Sec.
23.
NEW
SECTION
.
124F.6
Retail
marijuana
licensure.
2
1.
The
division
shall
develop
and
maintain
a
seed-to-sale
3
tracking
system
that
tracks
retail
marijuana
from
either
4
seed
or
immature
plant
stage
until
the
marijuana
or
retail
5
marijuana
product
is
sold
to
a
customer
at
a
retail
marijuana
6
establishment
to
ensure
that
no
marijuana
grown
or
processed
7
by
a
retail
marijuana
establishment
is
sold
or
otherwise
8
transferred
except
by
a
retail
marijuana
store.
9
2.
The
division
shall
adopt
all
rules
necessary
for
the
10
implementation
of
this
chapter.
11
3.
Nothing
in
this
subchapter
shall
be
construed
to
be
12
a
delegation
to
the
division
of
the
power
to
fix
prices
for
13
retail
marijuana.
14
4.
Nothing
in
this
subchapter
shall
be
construed
to
limit
15
a
law
enforcement
agency’s
ability
to
investigate
unlawful
16
activity
in
relation
to
a
retail
marijuana
establishment.
A
17
law
enforcement
agency
shall
have
the
authority
to
conduct
a
18
criminal
history
record
check
of
a
licensee
and
an
employee
of
19
a
licensee
during
an
investigation
of
unlawful
activity
related
20
to
retail
marijuana
and
retail
marijuana
products.
21
5.
The
division
shall
create
a
statewide
licensure
class
22
system
for
retail
marijuana
cultivation
facilities.
The
23
classifications
may
be
based
upon
square
footage
of
the
24
facility;
lights,
lumens,
or
wattage;
canopy
lighting;
the
25
number
of
cultivating
plants;
a
combination
of
the
foregoing;
26
or
other
reasonable
metrics.
The
division
shall
create
a
fee
27
structure
for
the
licensure
class
system.
28
Sec.
24.
NEW
SECTION
.
124F.7
State
and
local
participation
29
in
licensure.
30
1.
When
the
division
receives
an
application
for
an
31
initial
license
or
a
renewal
of
an
existing
license
for
32
any
retail
marijuana
establishment,
the
division
shall
33
provide,
within
seven
days
of
receipt
of
an
application,
34
a
copy
of
the
application
to
the
local
jurisdiction
in
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which
the
establishment
is
to
be
located
unless
the
local
1
jurisdiction
has
prohibited
the
operation
of
retail
marijuana
2
establishments.
The
local
jurisdiction
shall
determine
whether
3
the
application
complies
with
local
restrictions
relating
4
to
time,
place,
manner,
and
the
number
of
retail
marijuana
5
establishments
allowed.
The
local
jurisdiction
shall
inform
6
the
division
whether
the
application
complies
with
local
7
restrictions.
8
2.
A
local
jurisdiction
may
impose
a
separate
local
9
licensing
requirement
as
a
part
of
its
restrictions
relating
10
to
time,
place,
manner,
and
the
number
of
retail
marijuana
11
establishments
allowed.
A
local
jurisdiction
may
decline
12
to
impose
any
local
licensing
requirements,
but
a
local
13
jurisdiction
shall
notify
the
division
that
it
either
approves
14
or
denies
each
application
received
by
the
local
jurisdiction.
15
3.
If
a
local
jurisdiction
issues
a
local
license
for
16
a
retail
marijuana
establishment,
a
local
jurisdiction
may
17
schedule
a
public
hearing
on
the
application.
If
the
local
18
jurisdiction
schedules
a
hearing,
it
shall
post
and
publish
19
public
notice
of
the
hearing
not
less
than
ten
days
prior
20
to
the
hearing.
The
local
jurisdiction
shall
give
public
21
notice
by
posting
a
sign
in
a
conspicuous
place
on
the
license
22
applicant’s
premises
for
which
a
local
license
application
23
has
been
made
and
by
publication
in
a
newspaper
of
general
24
circulation
in
the
county
in
which
the
applicant’s
premises
are
25
located.
26
4.
If
a
local
jurisdiction
does
not
issue
local
licenses,
27
the
local
jurisdiction
may
give
public
notice
of
the
state
28
license
application
by
posting
a
sign
in
a
conspicuous
place
29
on
the
state
license
applicant’s
premises
for
which
a
state
30
license
application
has
been
made
and
by
publication
in
a
31
newspaper
of
general
circulation
in
the
county
in
which
the
32
applicant’s
premises
are
located.
33
5.
Applications
for
a
state
license
under
this
subchapter
34
must
be
made
to
the
division
on
forms
prepared
and
furnished
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by
the
division
and
must
set
forth
such
information
as
the
1
division
may
require
to
enable
the
division
to
determine
2
whether
a
state
license
should
be
granted.
3
6.
The
division
shall
deny
a
state
license
if
the
premises
4
on
which
the
applicant
proposes
to
conduct
its
business
does
5
not
meet
the
requirements
of
this
subchapter.
The
division
6
may
refuse
or
deny
a
license
renewal,
reinstatement,
or
7
initial
license
issuance
for
good
cause.
For
purposes
of
this
8
subsection,
“good
cause”
means
any
of
the
following:
9
a.
The
licensee
or
applicant
has
violated,
does
not
meet,
10
or
has
failed
to
comply
with
any
of
the
terms,
conditions,
or
11
provisions
of
this
subchapter,
any
rules
promulgated
pursuant
12
to
this
subchapter,
or
any
supplemental
local
law,
rules,
or
13
regulations.
14
b.
The
licensee
or
applicant
has
failed
to
comply
with
any
15
special
terms
or
conditions
of
the
license
pursuant
to
an
order
16
of
the
division
or
local
licensing
authority.
17
c.
The
licensed
premises
have
been
operated
in
a
manner
that
18
adversely
affects
the
public
health
or
safety
of
the
immediate
19
neighborhood
in
which
the
retail
marijuana
establishment
is
20
located.
21
d.
The
licensed
premises
are
located
within
two
thousand
22
feet
of
real
property
comprising
a
school,
child
care
facility,
23
or
public
park.
24
7.
If
the
division
denies
a
state
license
pursuant
to
25
subsection
6,
the
applicant
shall
be
entitled
to
a
hearing
26
pursuant
to
section
17A.12
and
judicial
review
pursuant
to
27
section
17A.19.
The
division
shall
provide
written
notice
of
28
the
grounds
for
denial
of
the
state
license
to
the
applicant
29
and
to
the
local
jurisdiction
at
least
fifteen
days
prior
to
30
the
hearing.
31
8.
The
division
shall
give
primary
preference
to
applicants
32
for
licensure
who
are
currently
licensed
as
a
medical
33
cannabidiol
manufacturer
or
medical
cannabidiol
dispensary
34
pursuant
to
chapter
124E.
The
division
shall
also
prioritize
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applicants
for
licensure
that
are
businesses
that
are
1
majority-owned
by
persons
who
are
women,
citizens
or
permanent
2
legal
residents
of
Iowa,
or
disabled
veterans.
3
9.
The
division
shall
issue
licenses
to
businesses
that
4
are
majority-owned
by
persons
who
are
racial
minorities
in
a
5
proportion
that
meets
or
exceeds
the
percentage
of
persons
in
6
this
state
who
are
racial
minorities
according
to
the
most
7
recent
federal
decennial
census.
8
Sec.
25.
NEW
SECTION
.
124F.8
Establishment
and
owner
9
requirements.
10
1.
An
owner
who
is
a
natural
person
must
have
been
either
11
of
the
following:
12
a.
A
resident
of
Iowa
for
at
least
one
year
prior
to
the
13
date
of
the
application.
14
b.
A
United
States
citizen
prior
to
the
date
of
the
15
application.
16
2.
A
retail
marijuana
establishment
may
be
composed
of
an
17
unlimited
number
of
owners
that
have
been
residents
of
Iowa
for
18
at
least
one
year
prior
to
the
date
of
the
application.
19
3.
A
retail
marijuana
establishment
shall
not
interfere
20
with
the
creation
of
or
participation
in
a
labor
organization,
21
as
defined
in
section
216.2,
by
employees
of
the
retail
22
marijuana
establishment.
23
4.
The
division
shall
review
the
retail
marijuana
24
establishment’s
operating
documents
to
ensure
compliance
with
25
this
section.
26
Sec.
26.
NEW
SECTION
.
124F.9
Retail
marijuana
establishment
27
licensure.
28
1.
Local
jurisdictions
may
adopt
and
enforce
regulations
29
for
retail
marijuana
establishments
that
are
at
least
as
30
restrictive
as
the
provisions
of
this
subchapter
and
any
rule
31
promulgated
pursuant
to
this
subchapter.
32
2.
A
retail
marijuana
establishment
shall
not
operate
33
until
the
retail
marijuana
establishment
is
licensed
by
the
34
division
pursuant
to
this
subchapter
and
approved
by
the
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relevant
local
jurisdiction.
If
an
application
is
denied
by
1
the
local
licensing
authority,
the
division
shall
revoke
the
2
state
license.
In
connection
with
a
license,
the
applicant
3
shall
provide
a
complete
and
accurate
application
as
required
4
by
the
division.
5
3.
A
retail
marijuana
establishment
shall
notify
the
6
division
in
writing
of
the
name,
address,
and
date
of
birth
of
7
a
new
owner,
officer,
or
manager
before
the
new
owner,
officer,
8
or
manager
begins
managing,
owning,
working,
or
otherwise
9
associating
with
the
establishment.
The
owner,
officer,
10
manager,
or
employee
shall
pass
a
fingerprint-based
criminal
11
history
record
check
as
required
by
the
division
and
shall
12
obtain
the
required
identification
prior
to
managing,
owning,
13
working,
or
otherwise
associating
with
the
establishment.
14
The
division
shall
not
deny
licensure
to
a
retail
marijuana
15
establishment
on
the
basis
that
an
owner,
officer,
manager,
16
or
employee
has
been
convicted
of
a
crime
other
than
a
17
violent
crime,
as
defined
in
section
915.10,
if
the
person
has
18
completed
any
term
of
probation
or
parole
imposed
by
the
court.
19
4.
Before
granting
a
state
license,
the
division
may
20
consider,
except
when
this
subchapter
specifically
provides
21
otherwise,
the
requirements
of
this
subchapter
and
any
22
rules
promulgated
pursuant
to
this
subchapter,
and
all
other
23
reasonable
restrictions
that
are
or
may
be
placed
upon
a
24
licensee
by
the
division
or
local
licensing
authority.
25
5.
a.
Each
license
issued
under
this
subchapter
is
separate
26
and
distinct.
It
is
unlawful
for
a
person
to
exercise
any
27
of
the
privileges
granted
under
a
license
other
than
the
28
license
that
the
person
holds
or
for
a
licensee
to
allow
any
29
other
person
to
exercise
the
privileges
granted
under
the
30
licensee’s
license.
A
separate
license
shall
be
required
for
31
each
specific
business
or
business
entity
and
each
geographical
32
location.
33
b.
At
all
times,
a
licensee
shall
possess
and
maintain
34
possession
of
the
premises
for
which
the
license
is
issued
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through
ownership,
lease,
rental,
or
other
arrangement
for
1
possession
of
the
premises.
2
6.
Each
licensee
shall
manage
the
licensed
premises
3
personally
or
employ
a
separate
and
distinct
manager
on
4
the
premises
and
shall
report
the
name
of
the
manager
to
5
the
division
and
local
licensing
authority.
The
licensee
6
shall
report
any
change
in
manager
to
the
division
and
local
7
licensing
authority
within
seven
days
after
the
change.
8
Sec.
27.
NEW
SECTION
.
124F.10
License
renewal.
9
1.
Ninety
days
prior
to
the
expiration
date
of
an
existing
10
license,
the
division
shall
notify
a
licensee
of
the
expiration
11
date
by
first
class
mail
at
the
licensee’s
address
of
record
12
with
the
division.
A
licensee
may
apply
for
the
renewal
of
13
an
existing
license
to
the
division
not
less
than
thirty
days
14
prior
to
the
date
of
expiration
of
the
existing
license.
Upon
15
receipt
of
an
application
for
renewal
of
an
existing
license
16
and
any
applicable
fees,
the
division
shall
submit,
within
17
seven
days
of
the
application,
a
copy
of
the
application
to
18
the
local
jurisdiction
to
determine
whether
the
application
19
complies
with
all
local
restrictions
on
renewal
of
licenses.
20
The
division
shall
not
accept
an
application
for
renewal
of
a
21
license
after
the
date
of
expiration,
except
as
provided
in
22
subsection
3.
The
division
may
extend
the
expiration
date
of
23
the
license
and
accept
a
late
application
for
renewal
of
a
24
license
if
the
applicant
has
filed
a
timely
renewal
application
25
with
the
local
licensing
authority.
The
division
or
the
local
26
licensing
authority,
in
its
discretion,
and
subject
to
the
27
requirements
of
this
subsection
and
subsection
3
and
based
upon
28
reasonable
grounds,
may
waive
the
thirty-day
time
requirements
29
set
forth
in
this
subsection.
30
2.
The
division
may
request
additional
fingerprints
from
a
31
licensee
when
there
is
a
demonstrated
investigative
need.
32
3.
a.
Notwithstanding
the
provisions
of
subsection
1,
33
a
licensee
whose
license
has
been
expired
for
not
more
than
34
ninety
days
may
file
a
late
renewal
application
upon
the
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payment
of
a
nonrefundable
late
application
fee
of
five
hundred
1
dollars
to
the
division.
A
licensee
who
files
a
late
renewal
2
application
and
pays
the
requisite
fees
may
continue
to
operate
3
until
the
division
takes
final
action
to
approve
or
deny
4
the
licensee’s
late
renewal
application
unless
the
division
5
summarily
suspends
the
license
pursuant
to
chapter
17A,
this
6
subchapter,
and
rules
adopted
pursuant
to
this
subchapter.
7
b.
The
division
may
administratively
continue
a
license
8
and
accept
a
later
application
for
renewal
of
a
license
at
the
9
discretion
of
the
division.
10
Sec.
28.
NEW
SECTION
.
124F.11
Classes
of
licenses.
11
For
the
purpose
of
regulating
the
cultivation,
manufacture,
12
distribution,
sale,
and
testing
of
retail
marijuana
and
retail
13
marijuana
products,
the
division
in
its
discretion,
upon
14
receipt
of
an
application
in
the
prescribed
form,
may
issue
and
15
grant
to
the
applicant
a
license
or
registration
in
any
of
the
16
following
classes,
subject
to
the
provisions
and
restrictions
17
provided
by
this
subchapter:
18
1.
Retail
marijuana
store
license.
19
2.
Retail
marijuana
cultivation
facility
license.
20
3.
Retail
marijuana
products
manufacturing
license.
21
4.
Occupational
licenses
and
registrations
for
owners,
22
managers,
operators,
employees,
contractors,
and
other
support
23
staff
employed
by,
working
in,
or
having
access
to
restricted
24
areas
of
the
licensed
premises,
as
determined
by
the
division.
25
The
division
may
take
any
action
with
respect
to
a
registration
26
pursuant
to
this
subchapter
as
it
may
with
respect
to
a
license
27
pursuant
to
this
subchapter,
in
accordance
with
the
procedures
28
established
pursuant
to
this
subchapter.
29
5.
Retail
marijuana
transporter
license.
30
Sec.
29.
NEW
SECTION
.
124F.12
Retail
marijuana
store
31
license.
32
1.
a.
A
retail
marijuana
store
license
shall
be
issued
33
by
the
division
only
to
a
person
selling
retail
marijuana
or
34
retail
marijuana
products
pursuant
to
the
terms
and
conditions
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of
this
subchapter.
1
b.
A
retail
marijuana
store
shall
not
accept
any
retail
2
marijuana
purchased
from
a
retail
marijuana
cultivation
3
facility
unless
the
retail
marijuana
store
is
provided
with
4
evidence
that
any
applicable
excise
tax
due
was
paid.
5
2.
Notwithstanding
the
provisions
of
this
section,
a
6
retail
marijuana
store
licensee
may
also
sell
retail
marijuana
7
products
that
are
prepackaged
and
labeled
as
required
by
rules
8
of
the
division
pursuant
to
section
124F.21.
9
3.
a.
A
retail
marijuana
store
shall
not
sell
more
than
one
10
ounce
of
retail
marijuana
or
its
equivalent
in
retail
marijuana
11
products,
including
retail
marijuana
concentrate,
except
for
12
nonedible,
nonpsychoactive
retail
marijuana
products,
including
13
ointments,
lotions,
balms,
and
other
nontransdermal
topical
14
products
to
a
person.
15
b.
(1)
Prior
to
initiating
a
sale,
an
employee
of
the
16
retail
marijuana
store
making
the
sale
shall
verify
that
17
the
purchaser
has
a
valid
identification
card
showing
the
18
purchaser
is
twenty-one
years
of
age
or
older.
If
a
person
19
under
twenty-one
years
of
age
presents
fraudulent
proof
of
age,
20
any
action
relying
on
the
fraudulent
proof
of
age
shall
not
be
21
grounds
for
the
revocation
or
suspension
of
any
license
issued
22
under
this
subchapter.
23
(2)
(a)
If
a
retail
marijuana
store
licensee
or
24
employee
has
reasonable
cause
to
believe
that
a
person
is
25
under
twenty-one
years
of
age
and
is
exhibiting
fraudulent
26
proof
of
age
in
an
attempt
to
obtain
any
retail
marijuana
27
or
cannabis-infused
product,
the
licensee
or
employee
is
28
authorized
to
confiscate
such
fraudulent
proof
of
age,
if
29
possible,
and
shall,
within
seventy-two
hours
after
the
30
confiscation,
remit
such
fraudulent
proof
of
age
to
a
state
31
or
local
law
enforcement
agency.
The
failure
to
confiscate
32
such
fraudulent
proof
of
age
or
to
remit
such
fraudulent
proof
33
of
age
to
a
state
or
local
law
enforcement
agency
within
34
seventy-two
hours
after
the
confiscation
shall
not
constitute
a
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criminal
offense.
1
(b)
If
a
retail
marijuana
store
licensee
or
employee
2
believes
that
a
person
is
under
twenty-one
years
of
age
and
3
presents
fraudulent
proof
of
age
in
an
attempt
to
obtain
any
4
retail
marijuana
or
retail
cannabis-infused
product,
the
5
licensee
or
employee
or
any
peace
officer
or
police
officer,
6
acting
in
good
faith
and
upon
probable
cause
based
upon
7
reasonable
grounds
therefor,
may
detain
and
question
such
8
person
in
a
reasonable
manner
for
the
purpose
of
ascertaining
9
whether
the
person
is
guilty
of
any
unlawful
act
regarding
the
10
purchase
of
retail
marijuana.
The
questioning
of
a
person
by
a
11
licensee,
employee,
peace
officer,
or
police
officer
does
not
12
render
the
licensee,
employee,
peace
officer,
or
police
officer
13
civilly
or
criminally
liable
for
slander,
false
arrest,
false
14
imprisonment,
malicious
prosecution,
or
unlawful
detention.
15
4.
All
retail
marijuana
and
retail
marijuana
products
16
sold
at
a
licensed
retail
marijuana
store
shall
be
packaged
17
and
labeled
as
required
by
rules
of
the
division
pursuant
to
18
section
124F.21.
19
5.
a.
A
licensed
retail
marijuana
store
shall
only
20
sell
retail
marijuana,
retail
marijuana
products,
marijuana
21
accessories,
nonconsumable
products
such
as
apparel,
and
22
marijuana-related
products
such
as
childproof
packaging
23
containers,
but
shall
be
prohibited
from
selling
or
giving
24
away
any
consumable
product,
including
but
not
limited
to
25
cigarettes,
alcohol,
or
an
edible
product
that
does
not
contain
26
marijuana,
including
but
not
limited
to
sodas,
candies,
or
27
baked
goods.
28
b.
A
licensed
retail
marijuana
store
shall
not
sell
any
29
retail
marijuana
or
retail
marijuana
products
that
contain
30
nicotine
or
alcohol,
if
the
sale
of
the
alcohol
would
require
a
31
license
pursuant
to
chapter
123.
32
c.
A
licensed
retail
marijuana
store
shall
not
sell
retail
33
marijuana
or
retail
marijuana
products
over
the
internet
nor
34
deliver
retail
marijuana
or
retail
marijuana
products
to
a
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person
who
is
not
physically
present
in
the
retail
marijuana
1
store’s
licensed
premises.
2
6.
Retail
marijuana
or
retail
marijuana
products
shall
not
3
be
consumed
on
the
premises
of
a
retail
marijuana
store.
4
7.
Notwithstanding
any
other
provision
of
state
law,
sales
5
of
retail
marijuana
and
retail
marijuana
products
are
not
6
exempt
from
state
or
local
sales
tax.
7
8.
The
division
shall
not
issue
more
than
one
retail
8
marijuana
store
license
per
county,
except
that
the
division
9
may,
upon
receipt
of
a
petition,
issue
one
additional
retail
10
marijuana
store
license
per
one
hundred
thousand
population
11
in
the
county
according
to
the
most
recent
federal
decennial
12
census.
13
9.
A
retail
marijuana
store
may
also
be
licensed
as
a
14
medical
cannabis
dispensary
pursuant
to
chapter
124E.
The
15
division
shall,
in
consultation
with
the
department
of
public
16
health,
adopt
rules
for
the
implementation
of
this
subsection.
17
Sec.
30.
NEW
SECTION
.
124F.13
Retail
marijuana
cultivation
18
facility
license.
19
1.
A
retail
marijuana
cultivation
facility
license
shall
20
be
issued
by
the
division
only
to
a
person
who
cultivates
21
retail
marijuana
for
sale
and
distribution
to
licensed
retail
22
marijuana
stores,
retail
marijuana
products
manufacturing
23
licensees,
or
other
retail
marijuana
cultivation
facilities.
24
2.
A
retail
marijuana
cultivation
facility
shall
remit
any
25
applicable
excise
tax
due.
26
3.
A
retail
marijuana
cultivation
facility
shall
track
27
the
marijuana
it
cultivates
from
seed
or
immature
plant
to
28
wholesale
purchase
of
the
retail
marijuana.
Prior
to
delivery
29
of
any
retail
marijuana
that
is
sold,
the
retail
marijuana
30
cultivation
facility
shall
provide
evidence
that
the
facility
31
paid
any
applicable
excise
tax
on
the
retail
marijuana
due.
32
4.
A
retail
marijuana
cultivation
facility
may
provide,
33
except
as
required
by
section
124F.21,
a
sample
of
its
products
34
to
the
state
hygienic
laboratory
for
testing
and
research
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purposes.
A
retail
marijuana
cultivation
facility
shall
1
maintain
a
record
of
the
sample
provided
to
the
state
hygienic
2
laboratory
and
the
testing
results.
3
5.
Retail
marijuana
or
retail
marijuana
products
shall
not
4
be
consumed
on
the
premises
of
a
retail
marijuana
cultivation
5
facility.
6
Sec.
31.
NEW
SECTION
.
124F.14
Retail
marijuana
products
7
manufacturing
license.
8
1.
a.
A
retail
marijuana
products
manufacturing
license
9
shall
be
issued
by
the
division
to
a
person
who
manufactures
10
retail
marijuana
products
pursuant
to
the
terms
and
conditions
11
of
this
subchapter.
12
b.
A
retail
marijuana
products
manufacturer
may
cultivate
13
its
own
retail
marijuana
if
the
manufacturer
obtains
a
retail
14
marijuana
cultivation
facility
license,
or
it
may
purchase
15
retail
marijuana
from
a
licensed
retail
marijuana
cultivation
16
facility.
A
retail
marijuana
products
manufacturer
shall
track
17
all
of
its
retail
marijuana
from
the
point
the
retail
marijuana
18
is
either
transferred
from
its
retail
marijuana
cultivation
19
facility
or
from
the
point
when
the
retail
marijuana
is
20
delivered
to
the
retail
marijuana
products
manufacturer
from
a
21
licensed
retail
marijuana
cultivation
facility
to
the
point
of
22
transfer
to
a
licensed
retail
marijuana
store.
23
c.
A
retail
marijuana
products
manufacturer
shall
not
24
accept
any
retail
marijuana
purchased
from
a
retail
marijuana
25
cultivation
facility
unless
the
retail
marijuana
products
26
manufacturer
is
provided
with
evidence
that
any
applicable
27
excise
tax
due
was
paid.
28
2.
All
retail
marijuana
products
shall
be
prepared
on
29
a
licensed
premises
used
exclusively
for
the
manufacture
30
and
preparation
of
retail
marijuana
or
retail
marijuana
31
products
and
using
equipment
that
is
used
exclusively
for
the
32
manufacture
and
preparation
of
retail
marijuana
products;
33
except
that,
if
permitted
by
the
local
jurisdiction,
a
34
retail
marijuana
products
manufacturing
licensee
may
share
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the
same
premises
as
a
medical
cannabidiol-infused
products
1
manufacturing
licensee
so
long
as
a
virtual
or
physical
2
separation
of
inventory
is
maintained
pursuant
to
rules
3
promulgated
by
the
division.
4
3.
All
licensed
premises
on
which
retail
marijuana
products
5
are
manufactured
shall
meet
the
sanitary
standards
for
retail
6
marijuana
product
preparation
promulgated
pursuant
to
section
7
124F.21.
8
4.
Retail
marijuana
or
retail
marijuana
products
shall
not
9
be
consumed
on
the
premises
of
a
retail
marijuana
products
10
manufacturing
facility.
11
5.
A
retail
marijuana
products
manufacturer
may
provide,
12
except
as
required
by
section
124F.21,
a
sample
of
its
products
13
to
the
state
hygienic
laboratory
for
testing
and
research
14
purposes.
A
retail
marijuana
products
manufacturer
shall
15
maintain
a
record
of
what
was
provided
to
the
state
hygienic
16
laboratory
and
the
results
of
the
testing.
17
6.
A
licensed
retail
marijuana
products
manufacturer
shall
18
package
and
label
each
product
manufactured
as
required
by
19
rules
of
the
division
pursuant
to
section
124F.21.
20
7.
All
retail
marijuana
products
that
require
refrigeration
21
to
prevent
spoilage
must
be
stored
and
transported
in
a
22
refrigerated
environment.
23
Sec.
32.
NEW
SECTION
.
124F.15
Retail
marijuana
use
——
24
protections.
25
1.
No
person
shall
be
subject
to
arrest,
prosecution,
or
26
penalty
in
any
manner,
or
be
denied
any
right
or
privilege,
27
including
but
not
limited
to
disciplinary
action
by
a
business,
28
occupational,
or
professional
licensing
board,
solely
for
29
conduct
permitted
under
this
subchapter.
30
2.
a.
Except
as
provided
in
this
section,
neither
the
state
31
nor
any
of
its
political
subdivisions
shall
impose
any
penalty
32
or
deny
any
benefit
or
entitlement
for
conduct
permitted
33
under
this
subchapter
or
for
the
presence
of
cannabinoids
or
34
cannabinoid
metabolites
in
the
urine,
blood,
saliva,
breath,
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hair,
or
other
tissue
or
fluid
of
a
person
who
is
twenty-one
1
years
of
age
or
older.
2
b.
Except
as
provided
in
this
section
and
section
321J.2C,
3
neither
the
state
nor
any
of
its
political
subdivisions
4
shall
deny
a
driver’s
license,
a
professional
license,
5
housing
assistance,
social
services,
or
other
benefits
based
6
on
marijuana
use
or
for
the
presence
of
cannabinoids
or
7
cannabinoid
metabolites
in
the
urine,
blood,
saliva,
breath,
8
hair,
or
other
tissue
or
fluid
of
a
person
who
is
twenty-one
9
years
of
age
or
older.
10
3.
No
person
shall
be
denied
custody
of
or
visitation
with
a
11
minor
for
acting
in
accordance
with
this
subchapter,
unless
the
12
person’s
behavior
creates
an
unreasonable
danger
to
the
minor
13
that
can
be
clearly
articulated
and
substantiated.
14
4.
Except
as
provided
in
this
section,
neither
the
state
15
nor
any
of
its
political
subdivisions
shall
deny
employment
16
or
a
contract
to
a
person
for
engaging
in
conduct
permitted
17
under
this
subchapter,
for
a
prior
conviction
for
a
nonviolent
18
marijuana
offense
that
does
not
involve
distribution
to
minors,
19
or
for
testing
positive
for
the
presence
of
cannabinoids
or
20
cannabinoid
metabolites
in
the
urine,
blood,
saliva,
breath,
21
hair,
or
other
tissue
or
fluid
of
the
individual’s
body.
22
5.
For
the
purposes
of
medical
care,
including
organ
and
23
tissue
transplants,
the
use
of
marijuana
does
not
constitute
24
the
use
of
an
illicit
substance
or
otherwise
disqualify
a
25
person
from
needed
medical
care
and
may
only
be
considered
with
26
respect
to
evidence-based
clinical
criteria.
27
6.
Notwithstanding
any
other
provision
of
law
to
the
28
contrary,
unless
there
is
a
specific
finding
that
the
29
individual’s
use,
cultivation,
or
possession
of
marijuana
could
30
create
a
danger
to
the
individual
or
another
person,
it
shall
31
not
be
a
violation
of
conditions
of
parole,
probation,
or
32
pretrial
release
to
do
any
of
the
following:
33
a.
Engage
in
conduct
allowed
by
this
subchapter.
34
b.
Test
positive
for
marijuana,
delta-9
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tetrahydrocannabinol,
or
any
other
cannabinoid
or
metabolite
of
1
marijuana,
except
as
provided
in
section
321J.2C.
2
7.
a.
This
section
does
not
prevent
a
governmental
employer
3
from
disciplining
an
employee
or
contractor
for
ingesting
4
marijuana
in
the
workplace
or
for
working
while
under
the
5
influence
of
marijuana.
6
b.
The
protections
provided
by
this
section
do
not
apply
to
7
the
extent
that
they
conflict
with
a
governmental
employer’s
8
obligations
under
federal
law
or
regulations
or
to
the
extent
9
that
they
would
disqualify
the
entity
from
a
monetary
or
10
licensing-related
benefit
under
federal
law
or
regulations.
11
c.
This
section
does
not
authorize
any
person
to
engage
in,
12
and
does
not
prevent
the
imposition
of
any
civil,
criminal,
13
discipline,
or
other
penalties,
including
discipline
or
14
termination
by
a
governmental
employer,
any
task
while
under
15
the
influence
of
marijuana,
when
doing
so
would
constitute
16
negligence
or
professional
malpractice.
17
Sec.
33.
NEW
SECTION
.
124F.16
Discipline.
18
In
addition
to
any
other
sanctions
prescribed
by
this
19
subchapter
or
rules
adopted
pursuant
to
this
subchapter,
the
20
division
has
the
power,
on
its
own
motion
or
upon
complaint,
21
after
investigation
and
opportunity
for
a
public
hearing
at
22
which
a
licensee
must
be
afforded
an
opportunity
to
be
heard,
23
to
fine
a
licensee
or
to
suspend
or
revoke
a
license
issued
by
24
the
division
for
a
violation
by
the
licensee
or
by
any
of
the
25
agents
or
employees
of
the
licensee
of
the
provisions
of
this
26
subchapter,
or
any
of
the
rules
promulgated
pursuant
to
this
27
subchapter,
or
of
any
of
the
terms,
conditions,
or
provisions
28
of
the
license
issued
by
the
division.
The
division
has
the
29
power
to
administer
oaths
and
issue
subpoenas
to
require
the
30
presence
of
persons
and
the
production
of
papers,
books,
and
31
records
necessary
to
the
determination
of
a
hearing
that
the
32
division
is
authorized
to
conduct.
The
division
shall
conduct
33
a
contested
case
pursuant
to
chapter
17A
prior
to
imposing
34
discipline,
except
in
the
case
of
an
emergency
adjudication.
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Sec.
34.
NEW
SECTION
.
124F.17
Disposition
of
seized
1
materials.
2
1.
This
section
shall
apply
in
addition
to
any
criminal,
3
civil,
or
administrative
penalties
and
in
addition
to
any
4
other
penalties
prescribed
by
this
subchapter
or
any
rules
5
promulgated
pursuant
to
this
subchapter.
6
2.
A
state
or
local
agency
shall
not
be
required
to
7
cultivate
or
care
for
any
retail
marijuana
or
retail
marijuana
8
product
belonging
to
or
seized
from
a
licensee.
A
state
or
9
local
agency
shall
not
be
authorized
to
sell
marijuana
or
10
retail
marijuana.
11
3.
If
the
division
issues
a
final
order
imposing
a
12
disciplinary
action
against
a
licensee
pursuant
to
section
13
124F.16,
then,
in
addition
to
any
other
remedies,
the
14
division’s
final
order
may
specify
that
some
or
all
of
the
15
licensee’s
marijuana
or
marijuana
product
is
not
retail
16
marijuana
or
a
retail
marijuana
product
and
is
an
illegal
17
controlled
substance.
The
final
order
may
further
specify
that
18
the
licensee
shall
lose
any
interest
in
any
of
the
marijuana
or
19
marijuana
product
even
if
the
marijuana
or
marijuana
product
20
previously
qualified
as
retail
marijuana
or
a
retail
marijuana
21
product.
22
4.
On
or
before
January
1,
2027,
the
division
shall
adopt
23
rules
governing
the
implementation
of
this
section.
24
Sec.
35.
NEW
SECTION
.
124F.18
Inspection
procedures.
25
1.
A
licensee
shall
keep
a
complete
set
of
all
records
26
necessary
to
show
fully
the
business
transactions
of
the
27
licensee,
all
of
which
shall
be
accessible
at
all
times
during
28
business
hours
for
inspection
and
examination
by
the
division
29
or
its
authorized
representatives.
The
division
may
require
30
a
licensee
to
furnish
such
information
as
necessary
for
the
31
proper
administration
of
this
subchapter
and
may
require
an
32
audit
to
be
made
of
the
books
of
account
and
records
on
such
33
occasions
as
necessary
by
an
auditor
selected
by
the
division
34
who
shall
have
access
to
all
books
and
records
of
the
licensee.
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All
associated
expenses
shall
be
paid
by
the
licensee.
1
2.
Any
licensed
premises,
including
any
places
of
storage
2
where
retail
marijuana
or
retail
marijuana
products
are
stored,
3
cultivated,
sold,
dispensed,
or
tested
shall
be
subject
to
4
inspection
by
the
state
or
local
jurisdictions
and
their
5
investigators,
during
all
business
hours
and
during
other
times
6
when
employees
are
present,
for
the
purpose
of
inspection
7
or
investigation.
Access
shall
be
required
during
business
8
hours
for
examination
of
any
inventory
or
books
and
records
9
required
to
be
kept
by
the
licensees.
If
any
part
of
the
10
licensed
premises
consists
of
a
locked
area,
upon
demand
to
11
the
licensee,
such
area
shall
be
made
available
for
inspection
12
without
delay,
and,
upon
request
by
authorized
representatives
13
of
the
state
or
local
jurisdiction,
the
licensee
shall
open
the
14
area
for
inspection.
15
3.
A
licensee
shall
retain
all
books
and
records
necessary
16
to
show
fully
the
business
transactions
of
the
licensee
for
17
a
period
of
the
current
tax
year
and
the
three
immediately
18
preceding
tax
years.
19
Sec.
36.
NEW
SECTION
.
124F.19
Marijuana
excise
tax.
20
1.
An
excise
tax
is
imposed
on
consumers
at
the
rate
of
ten
21
percent
of
the
sales
price
of
each
sale
of
retail
marijuana
and
22
retail
marijuana
products.
23
2.
The
tax
imposed
by
this
section
shall
be
paid
by
the
24
consumer
to
the
retail
marijuana
establishment.
Each
retail
25
marijuana
establishment
shall
collect
from
the
consumer
the
26
full
amount
of
the
tax
payable
on
each
taxable
sale.
27
3.
On
the
fifteenth
day
of
each
month,
each
retail
marijuana
28
establishment
that
sells
retail
marijuana
to
a
consumer
shall
29
pay
the
excise
taxes
due
on
the
retail
marijuana
that
the
30
retail
marijuana
establishment
sold
in
the
previous
calendar
31
month
to
the
division.
32
Sec.
37.
NEW
SECTION
.
124F.20
Occupational
licensing
——
33
protections.
34
1.
A
person
holding
a
professional
or
occupational
license
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shall
not
be
subject
to
professional
discipline
for
providing
1
advice
or
services
related
to
retail
marijuana
establishments
2
or
applications
to
operate
retail
marijuana
establishments
on
3
the
basis
that
marijuana
is
illegal
under
federal
law.
4
2.
An
applicant
for
a
professional
or
occupational
license
5
shall
not
be
denied
a
license
based
on
previous
employment
6
related
to
retail
marijuana
establishments
operating
in
7
accordance
with
state
law.
8
Sec.
38.
NEW
SECTION
.
124F.21
Rulemaking.
9
1.
The
division
shall,
within
one
year
of
the
effective
10
date
of
this
Act,
adopt
rules
for
the
implementation
of
11
this
subchapter.
The
rules
shall
not
prohibit
the
operation
12
of
retail
marijuana
establishments
or
require
such
a
high
13
investment
of
risk,
money,
time,
or
other
resource
or
asset
14
that
the
operation
of
a
retail
marijuana
establishment
is
not
15
worthy
of
being
carried
out
in
practice
by
a
reasonably
prudent
16
businessperson.
Such
rules
shall
include
all
of
the
following:
17
a.
Procedures
for
the
issuance,
renewal,
suspension,
and
18
revocation
of
a
registration
to
operate
a
retail
marijuana
19
establishment,
subject
to
chapter
17A.
20
b.
A
schedule
of
reasonable
application,
registration,
21
and
renewal
fees,
provided
application
fees
shall
not
exceed
22
five
thousand
dollars,
with
this
upper
limit
adjusted
annually
23
for
inflation,
unless
the
division
determines
a
greater
fee
24
is
necessary
to
carry
out
its
responsibilities
under
this
25
subchapter.
Fees
shall
be
collected
by
the
division
and
used
26
to
administer
this
subchapter.
27
c.
Qualifications
for
registration
that
are
directly
and
28
demonstrably
related
to
the
operation
of
a
retail
marijuana
29
establishment
and
that
may
not
disqualify
applicants
solely
for
30
marijuana
offenses
prior
to
the
effective
date
of
this
Act.
31
d.
Security
requirements.
32
e.
Requirements
for
the
transportation
and
storage
of
retail
33
marijuana
and
retail
marijuana
products
by
retail
marijuana
34
establishments.
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f.
Requirements
for
the
delivery
of
retail
marijuana
and
1
retail
marijuana
products
to
consumers,
including
a
prohibition
2
on
business
names,
logos,
and
other
identifying
language
or
3
images
on
delivery
vehicles
and
a
prohibition
on
delivering
4
retail
marijuana
and
retail
marijuana
products
to
any
address
5
located
on
land
owned
by
the
federal
government
or
any
address
6
on
land
or
in
a
building
leased
by
the
federal
government.
7
g.
Employment
and
training
requirements,
including
8
requiring
that
each
retail
marijuana
establishment
create
9
an
identification
badge
for
each
employee
or
agent.
These
10
requirements
shall
not
disqualify
applicants
solely
for
11
marijuana
offenses
prior
to
the
effective
date
of
this
Act.
12
h.
Requirements
designed
to
prevent
the
sale
or
diversion
of
13
retail
marijuana
and
retail
marijuana
products
to
persons
under
14
the
age
of
twenty-one.
15
i.
Requirements
for
retail
marijuana
and
retail
16
marijuana
products
sold
or
distributed
by
a
retail
marijuana
17
establishment,
including
prohibiting
any
misleading
labeling
18
and
requiring
retail
marijuana
product
labels
to
include
all
19
of
the
following:
20
(1)
The
length
of
time
it
typically
takes
for
the
product
21
to
take
effect.
22
(2)
A
disclosure
of
ingredients
and
possible
allergens.
23
(3)
A
nutritional
fact
panel.
24
(4)
Requiring
opaque,
child
resistant
packaging,
which
must
25
be
designed
or
constructed
to
be
significantly
difficult
for
26
children
under
five
years
of
age
to
open
and
not
difficult
for
27
adults
to
use
properly
as
defined
by
16
C.F.R.
§1700.20.
28
(5)
Requiring
that
edible
retail
marijuana
products
be
29
clearly
identifiable,
when
practicable,
with
a
standard
symbol
30
indicating
the
retail
marijuana
product
contains
marijuana.
31
j.
Health
and
safety
regulations
and
standards
for
the
32
manufacture
of
retail
marijuana
products
and
both
the
indoor
33
and
outdoor
cultivation
of
retail
marijuana
by
retail
marijuana
34
establishments.
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k.
Restrictions
on
advertising,
marketing,
and
signage
1
including
but
not
limited
to
a
prohibition
on
mass-market
2
campaigns
that
have
a
high
likelihood
of
reaching
minors.
3
l.
Rules
to
create
at
least
six
tiers
of
retail
marijuana
4
cultivation
facilities,
based
on
the
size
of
the
facility
or
5
the
number
of
plants
cultivated,
and
whether
the
cultivation
6
occurs
outdoors,
indoors,
or
in
a
greenhouse.
Security
7
regulations
and
licensing
fees
must
vary
based
on
the
size
of
8
the
cultivation
facility.
9
m.
Restrictions
or
prohibitions
on
additives
in
retail
10
marijuana
and
retail
marijuana-infused
products,
including
but
11
not
limited
to
those
that
are
toxic
or
designed
to
make
the
12
product
more
addictive.
13
n.
Prohibitions
on
products
that
are
designed
to
make
the
14
product
more
appealing
to
children,
including
prohibiting
the
15
use
of
any
images
designed
or
likely
to
appeal
to
minors,
16
including
cartoons,
toys,
animals,
or
children,
and
any
other
17
images,
characters,
or
phrases
that
are
popularly
used
to
18
advertise
to
children.
19
o.
Restrictions
on
the
use
of
pesticides
that
are
injurious
20
to
human
health.
21
p.
Rules
governing
visits
to
retail
marijuana
cultivation
22
facilities
and
retail
marijuana
product
manufacturing
23
facilities,
including
requiring
the
retail
marijuana
24
establishment
to
log
visitors.
25
q.
A
definition
of
the
amount
of
delta-9
26
tetrahydrocannabinol
that
constitutes
a
single
serving
27
in
a
retail
marijuana
product.
28
r.
Standards
for
the
safe
manufacture
of
marijuana
extracts
29
and
concentrates.
30
s.
Requirements
that
educational
materials
be
disseminated
31
to
consumers
who
purchase
retail
marijuana-infused
products.
32
t.
Requirements
for
random
sample
testing
to
ensure
quality
33
control,
including
by
ensuring
that
retail
marijuana
and
34
retail
marijuana-infused
products
are
accurately
labeled
for
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potency.
Unless
the
division
determines
that
remediation
or
1
treatment
is
sufficient
to
ensure
product
safety,
the
testing
2
analysis
must
include
testing
for
residual
solvents,
poisons,
3
or
toxins;
harmful
chemicals;
dangerous
molds
or
mildew;
filth;
4
and
harmful
microbials
such
as
E.
coli
or
salmonella
and
5
pesticides.
6
u.
Standards
for
the
operation
of
marijuana
testing
7
facilities,
including
requirements
for
equipment
and
8
qualifications
for
personnel.
9
v.
Civil
penalties
for
the
failure
to
comply
with
rules
10
adopted
pursuant
to
this
subchapter.
Civil
penalties
shall
11
be
collected
by
the
division
and
used
to
administer
this
12
subchapter.
13
w.
Procedures
for
collecting
taxes
levied
on
retail
14
marijuana
establishments.
15
x.
Requirements
for
on-site
consumption
establishments,
16
including
for
security,
ventilation,
odor
control,
and
17
consumption
by
patrons.
These
rules
may
include
a
prohibition
18
on
smoking
indoors.
19
y.
Requirements
for
the
verification
of
licensure
in
20
transactions
between
licensees.
21
2.
After
consultation
with
researchers
knowledgeable
22
about
the
risks
and
benefits
of
marijuana
and
providing
an
23
opportunity
for
public
comment,
the
division
shall
develop
a
24
scientifically
accurate
safety
information
label
or
handout
25
or
both,
which
shall
be
available
to
each
adult-use
marijuana
26
consumer.
The
label
or
handout
shall
include
all
of
the
27
following:
28
a.
Advice
about
the
potential
risks
of
marijuana,
including
29
all
of
the
following:
30
(1)
The
risks
of
driving
under
the
influence
of
marijuana,
31
and
the
fact
that
doing
so
is
illegal.
32
(2)
Any
adverse
effects
unique
to
younger
adults,
including
33
related
to
the
developing
mind.
34
(3)
Potential
adverse
events
and
other
risks.
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(4)
The
risks
of
using
marijuana
during
pregnancy
and
1
breastfeeding.
2
b.
The
need
to
safeguard
all
retail
marijuana
and
retail
3
marijuana
products
from
children
and
pets.
4
3.
The
division
shall
review
and
update
the
safety
5
information
materials
at
least
once
every
two
years
to
6
ensure
they
remain
accurate.
The
review
period
shall
include
7
soliciting
input
from
researchers
knowledgeable
about
the
8
risks
and
benefits
of
marijuana
and
an
opportunity
for
public
9
comment.
10
4.
In
order
to
ensure
that
individual
privacy
is
protected,
11
the
division
shall
not
require
a
consumer
to
provide
a
12
retail
marijuana
store
with
personal
information
other
than
13
government-issued
identification
to
determine
the
consumer’s
14
age,
and
a
retail
marijuana
store
shall
not
be
required
to
15
acquire
and
record
personal
information
about
consumers.
16
Sec.
39.
NEW
SECTION
.
124F.22
Marijuana
use
by
minors
——
17
prohibited.
18
Nothing
in
this
subchapter
allows
the
transfer
of
marijuana,
19
with
or
without
remuneration,
to
a
person
under
the
age
of
20
twenty-one
years,
or
the
use
of
marijuana
by
a
person
under
the
21
age
of
twenty-one
years.
22
Sec.
40.
NEW
SECTION
.
124F.23
Private
property
and
tenant
23
rights.
24
1.
Except
as
provided
in
this
section,
the
provisions
of
25
this
subchapter
do
not
require
any
person,
corporation,
or
any
26
other
entity
that
occupies,
owns,
or
controls
a
property
to
27
allow
the
consumption,
cultivation,
display,
sale,
or
transfer
28
of
marijuana
on
or
in
that
property.
29
2.
a.
Except
as
provided
in
this
section,
a
landlord
30
or
property
manager
shall
not
refuse
to
rent
to
a
tenant
31
or
otherwise
discriminate
against
a
tenant
based
on
a
past
32
conviction
for
a
marijuana
offense
that
would
have
been
legal
33
under
this
chapter.
34
b.
Except
as
provided
in
this
section,
in
the
case
of
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the
rental
of
a
residential
dwelling,
a
landlord
or
property
1
manager
shall
not
prohibit
the
possession
of
retail
marijuana
2
or
medical
cannabis,
as
defined
in
section
124E.2,
or
the
3
consumption
of
retail
marijuana
or
medical
cannabis,
as
defined
4
in
section
124E.2,
by
nonsmoking
means.
5
c.
The
limitations
in
this
subsection
do
not
apply
in
any
6
of
the
following
circumstances:
7
(1)
The
tenant
is
a
roomer
who
is
not
leasing
the
entire
8
residential
dwelling.
9
(2)
The
residence
is
incidental
to
detention
or
the
10
provision
of
medical,
geriatric,
educational,
counseling,
11
religious,
or
similar
services.
12
(3)
The
residence
is
a
transitional
housing
or
sober
living
13
facility.
14
(4)
Failing
to
prohibit
marijuana
possession
or
consumption
15
would
violate
federal
law
or
regulations
or
cause
a
landlord
16
or
property
manager
to
lose
a
monetary
or
licensing-related
17
benefit
under
federal
law
or
regulations.
18
d.
After
a
warning,
a
landlord
or
property
manager
may
take
19
action
against
a
tenant
if
the
tenant’s
use
of
marijuana
or
20
medical
cannabis,
as
defined
in
section
124E.2,
creates
an
21
odor
that
interferes
with
a
person’s
peaceful
enjoyment
of
the
22
person’s
home
or
property.
23
Sec.
41.
NEW
SECTION
.
124F.24
Apportionment
of
revenue.
24
Revenues
generated
by
the
marijuana
excise
tax
shall
be
25
deposited
as
follows:
26
1.
Thirty-five
percent
in
the
community
reinvestment
fund
27
created
pursuant
to
section
124F.25.
28
2.
Thirty-two
and
one-half
percent
in
the
mental
health
29
services
and
substance
use
disorder
prevention
fund
created
30
pursuant
to
section
124F.26.
31
3.
Thirty-two
and
one-half
percent
in
the
local
public
32
safety
fund
created
pursuant
to
section
124F.27.
33
Sec.
42.
NEW
SECTION
.
124F.25
Community
reinvestment
fund.
34
1.
A
community
reinvestment
fund
is
created
under
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the
control
of
the
division.
Moneys
in
the
fund
shall
be
1
appropriated
by
the
general
assembly
as
provided
in
subsection
2
2.
3
2.
Moneys
in
the
community
reinvestment
fund
shall
4
be
appropriated
exclusively
for
the
purpose
of
funding
5
scholarships
for
Iowa
students
for
two
years
of
postsecondary
6
education
at
Iowa
schools.
7
3.
Notwithstanding
section
12C.7,
subsection
2,
interest
8
or
earnings
on
moneys
deposited
in
the
community
reinvestment
9
fund
shall
be
credited
to
the
community
reinvestment
fund.
10
Notwithstanding
section
8.33,
moneys
credited
to
the
community
11
reinvestment
fund
shall
not
revert
at
the
close
of
a
fiscal
12
year.
13
Sec.
43.
NEW
SECTION
.
124F.26
Mental
health
services
and
14
substance
use
disorder
prevention
fund.
15
1.
A
mental
health
services
and
substance
use
disorder
16
prevention
fund
is
created
under
the
control
of
the
division.
17
Moneys
in
the
fund
shall
be
appropriated
by
the
general
18
assembly
as
provided
in
subsection
2.
19
2.
Moneys
in
the
mental
health
services
and
substance
use
20
disorder
prevention
fund
shall
be
appropriated
exclusively
for
21
the
purposes
of
providing
mental
health
services
and
preventing
22
substance
use
disorders.
23
3.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
24
earnings
on
moneys
deposited
in
the
mental
health
services
and
25
substance
use
disorder
prevention
fund
shall
be
credited
to
the
26
mental
health
services
and
substance
use
disorder
prevention
27
fund.
Notwithstanding
section
8.33,
moneys
credited
to
the
28
mental
health
services
and
substance
use
disorder
prevention
29
fund
shall
not
revert
at
the
close
of
a
fiscal
year.
30
Sec.
44.
NEW
SECTION
.
124F.27
Local
public
safety
fund.
31
1.
A
local
public
safety
fund
is
created
under
the
control
32
of
the
division.
Moneys
in
the
fund
shall
be
appropriated
by
33
the
general
assembly
as
provided
in
subsection
2.
34
2.
Moneys
in
the
local
public
safety
fund
shall
be
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appropriated
exclusively
for
the
purposes
of
supporting
local
1
law
enforcement
personnel,
fire
department
personnel,
and
2
emergency
medical
personnel
in
municipalities.
3
3.
Notwithstanding
section
12C.7,
subsection
2,
interest
4
or
earnings
on
moneys
deposited
in
the
local
public
safety
5
fund
shall
be
credited
to
the
local
public
safety
fund.
6
Notwithstanding
section
8.33,
moneys
credited
to
the
local
7
public
safety
fund
shall
not
revert
at
the
close
of
a
fiscal
8
year.
9
Sec.
45.
NEW
SECTION
.
332.1
Definitions.
10
1.
“Department”
means
the
department
of
revenue.
11
2.
“Director”
means
the
director
of
the
department
of
12
revenue.
13
3.
“Retail
marijuana”
means
the
same
as
defined
in
section
14
124F.4.
15
4.
“Retail
marijuana
store”
means
the
same
as
defined
in
16
section
124F.4.
17
5.
“Retail
sale”
means
the
same
as
defined
in
section
423.1.
18
6.
“Surcharge”
means
a
retail
marijuana
surcharge
imposed
19
pursuant
to
this
chapter.
20
Sec.
46.
NEW
SECTION
.
332.2
Retail
marijuana
surcharge.
21
1.
A
surcharge
may
be
imposed,
in
accordance
with
the
22
provisions
of
this
section,
by
ordinance
of
the
board
of
23
supervisors
of
a
county
that
has
not
prohibited
the
sale
of
24
retail
marijuana.
The
surcharge
shall
be
imposed
at
a
rate
of
25
one
percent
upon
the
retail
sales
price
of
retail
marijuana.
26
2.
The
surcharge
shall
be
in
addition
to
the
state
sales
tax
27
imposed
pursuant
to
chapter
423,
subchapter
II,
and
the
local
28
sales
and
services
tax
imposed
pursuant
to
chapter
423B.
29
3.
a.
Within
ten
days
of
the
passage
of
an
ordinance
30
imposing
a
surcharge,
the
county
auditor
shall
give
written
31
notice
to
the
director
by
sending
a
copy
of
the
ordinance
to
32
the
director.
33
b.
A
surcharge
shall
be
imposed
either
January
1
or
July
1
34
following
the
notification
of
the
director
but
not
sooner
than
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ninety
days
following
the
passage
of
the
ordinance
imposing
the
1
surcharge
and
not
sooner
than
sixty
days
following
notice
to
2
sellers,
as
defined
in
section
423.1.
3
c.
A
surcharge
shall
be
repealed
only
on
June
30
or
December
4
31
but
not
sooner
than
ninety
days
following
repeal
of
the
5
ordinance.
At
least
forty
days
before
the
repeal
of
the
6
surcharge,
the
board
of
supervisors
shall
provide
notice
of
the
7
action
by
certified
mail
to
the
director
of
revenue.
8
4.
Upon
the
remittance
of
the
revenues
from
the
state
9
surcharge
revenue
fund
to
each
county
that
has
imposed
a
retail
10
marijuana
surcharge
under
section
332.4,
the
revenues
shall
be
11
deposited
into
the
general
fund
of
the
county.
12
Sec.
47.
NEW
SECTION
.
332.3
Administration
of
surcharge.
13
1.
The
director
shall
administer
the
surcharge
imposed
14
pursuant
to
this
chapter
as
nearly
as
possible
in
conjunction
15
with
the
administration
of
state
sales
tax
laws.
The
director
16
shall
provide
appropriate
forms,
or
provide
space
on
the
17
regular
state
tax
forms,
for
reporting
surcharge
liability.
18
2.
a.
Section
422.25,
subsection
4,
sections
422.30,
19
422.67,
and
422.68,
section
422.69,
subsection
1,
sections
20
422.70,
422.71,
422.72,
422.74,
and
422.75,
section
423.14,
21
subsection
1,
and
sections
423.23,
423.24,
423.25,
423.31,
22
423.33,
423.35,
423.37
through
423.42,
and
423.47,
consistent
23
with
the
provisions
of
this
chapter,
apply
with
respect
to
24
the
surcharge
authorized
under
this
chapter,
in
the
same
25
manner
and
with
the
same
effect
as
retail
sales
taxes
within
26
the
meaning
of
those
statutes.
The
director
may
require
all
27
persons
who
are
engaged
in
the
business
of
deriving
any
sales
28
price
subject
to
a
surcharge
under
this
chapter
to
register
29
with
the
department.
All
surcharges
collected
under
this
30
chapter
are
deemed
to
be
held
in
trust
for
the
state
of
Iowa
and
31
the
counties
imposing
the
surcharges.
County
officials
shall
32
confer
with
the
director
of
revenue
for
assistance
in
drafting
33
the
ordinance
imposing
the
surcharge.
A
certified
copy
of
the
34
ordinance
shall
be
filed
with
the
director
as
soon
as
possible
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after
passage.
1
b.
Frequency
of
deposits
and
quarterly
reports
of
the
2
surcharge
with
the
department
of
revenue
are
governed
by
the
3
provisions
in
section
423.31.
Local
surcharge
collections
4
shall
not
be
included
in
computation
of
the
total
tax
to
5
determine
frequency
of
filing
under
section
423.31.
6
3.
a.
The
director,
in
consultation
with
county
officials,
7
shall
collect
and
account
for
the
surcharge.
The
director
8
shall
certify
each
quarter
the
amount
of
the
surcharge
receipts
9
and
any
interest
and
penalties
to
be
credited
to
the
county
10
account
in
the
state
surcharge
revenue
fund
established
in
11
section
332.4.
County
authorities
shall
not
require
any
permit
12
not
required
by
the
director
of
revenue.
13
b.
All
surcharge
revenues
and
interest
and
penalties
14
received
or
refunded
one
hundred
eighty
days
or
more
after
15
the
date
on
which
the
county
repeals
the
surcharge
shall
be
16
deposited
in
or
withdrawn
from
the
general
fund
of
the
state.
17
4.
Each
county
that
has
imposed
a
retail
marijuana
surcharge
18
under
this
chapter
shall
assist
the
department
in
identifying
19
new
establishments
required
to
impose
the
surcharge
in
the
20
county.
This
process
shall
be
ongoing
until
the
surcharge
is
21
repealed.
22
Sec.
48.
NEW
SECTION
.
332.4
State
surcharge
revenue
fund
23
——
county
accounts.
24
1.
A
state
surcharge
revenue
fund
is
established
in
the
25
state
treasury
under
the
control
of
the
department
consisting
26
of
the
surcharge
revenues
collected
within
each
county
and
27
deposited
in
the
fund
pursuant
to
section
332.3.
Revenues
28
deposited
in
the
fund
are
appropriated
to
the
department
for
29
the
purposes
of
this
section.
30
2.
A
county
account
is
created
within
the
fund
for
each
31
county
imposing
a
retail
marijuana
surcharge
under
this
32
chapter.
33
3.
The
department
shall
deposit
the
revenues
described
in
34
subsection
1
that
were
collected
in
a
quarter
beginning
on
or
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after
the
imposition
of
the
surcharge
into
the
appropriate
1
county
account
in
the
fund.
2
4.
All
revenues
in
each
county
account
within
the
fund
3
shall
be
remitted
quarterly
by
the
department
to
the
county
4
that
imposed
the
retail
marijuana
surcharge
for
deposit
in
the
5
general
fund
of
the
county.
6
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
7
necessary
to
administer
the
department’s
responsibilities
under
8
this
chapter.
9
Sec.
49.
NEW
SECTION
.
453B.19
Retail
marijuana.
10
This
chapter
shall
not
apply
to
retail
marijuana
or
retail
11
marijuana
products
produced
or
sold
pursuant
to
chapter
124F.
12
DIVISION
III
13
EFFECTIVE
DATE
14
Sec.
50.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment,
except
that
16
the
division
of
the
department
of
revenue
responsible
for
17
issuing
alcohol
licenses
shall
not
issue
a
license
to
operate
a
18
retail
marijuana
establishment
prior
to
January
1,
2027.
19
DIVISION
IV
20
CODE
EDITOR
DIRECTIVE
21
Sec.
51.
CODE
EDITOR
DIRECTIVE
——
SUBCHAPTER
DESIGNATIONS.
22
1.
The
Code
editor
is
directed
to
create
two
new
subchapters
23
in
chapter
124F
as
follows:
24
a.
Subchapter
I
shall
be
entitled
“CRIMINAL
PENALTIES”
and
25
include
sections
124F.1
through
124F.3.
26
b.
Subchapter
II
shall
be
entitled
“RETAIL
MARIJUANA”
and
27
include
sections
124F.4
through
124F.27.
28
2.
The
Code
editor
may
modify
subchapter
titles
if
necessary
29
and
is
directed
to
correct
internal
references
in
the
Code
as
30
necessary
due
to
enactment
of
this
section.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
retail
marijuana.
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DIVISION
I
——
MARIJUANA
——
CRIMINAL
PENALTIES.
The
1
bill
modifies
criminal
penalties
relating
to
marijuana
by
2
eliminating
and
modifying
certain
criminal
provisions
in
3
Code
chapter
124
(uniform
controlled
substances
Act),
and
4
transferring
certain
criminal
provisions
from
Code
chapter
124
5
to
new
Code
chapter
124F.
6
MANUFACTURE,
DELIVERY,
OR
POSSESSION
WITH
INTENT
TO
DELIVER
7
MARIJUANA.
The
bill
provides
that
an
unauthorized
person
8
commits
a
class
“C”
felony
punishable
by
confinement
for
9
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
10
more
than
$13,660
if
the
person
violates
new
Code
section
11
124F.2(1)(a)
and
the
controlled
substance
involves
more
than
12
50
kilograms
of
marijuana.
Currently,
such
a
person
commits
13
a
class
“B”
felony
punishable
by
confinement
of
no
more
than
14
50
years
if
the
controlled
substance
involves
more
than
1,000
15
kilograms
of
a
mixture
or
substance
containing
a
detectable
16
amount
of
marijuana,
or
a
class
“B”
felony
punishable
by
17
confinement
of
no
more
than
25
years
if
the
controlled
18
substance
involves
more
than
100
kilograms
of
marijuana
but
not
19
more
than
1,000
kilograms.
20
The
bill
provides
that
an
unauthorized
person
commits
a
21
class
“D”
felony
if
the
person
violates
new
Code
section
22
124F.2(1)(a)
and
the
controlled
substance
involves
more
than
23
2
kilograms
of
marijuana
but
not
more
than
50
kilograms.
A
24
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
25
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
26
$10,245.
Currently,
such
a
person
commits
a
class
“C”
felony
27
if
the
controlled
substance
involves
more
than
50
kilograms
of
28
marijuana
but
not
more
than
100
kilograms.
29
The
bill
provides
that
an
unauthorized
person
commits
an
30
aggravated
misdemeanor
if
the
person
violates
new
Code
section
31
124F.2(1)(a)
and
the
controlled
substance
involves
more
than
32
12
ounces
of
marijuana
but
not
more
than
2
kilograms.
An
33
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
34
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
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$8,540.
Currently,
such
a
person
commits
a
class
“D”
felony
1
if
the
controlled
substance
involves
50
kilograms
or
less
of
2
marijuana.
3
The
bill
provides
that
an
unauthorized
person
commits
a
4
serious
misdemeanor
if
the
person
violates
new
Code
section
5
124F.2(1)(a)
and
the
controlled
substance
involves
more
than
6
4
ounces
of
marijuana
but
not
more
than
12
ounces.
A
serious
7
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
8
year
and
a
fine
of
at
least
$430
but
not
more
than
$2,560.
9
Currently,
such
a
person
commits
a
class
“D”
felony.
10
The
bill
provides
that
an
unauthorized
person
commits
a
11
simple
misdemeanor
if
the
person
violates
new
Code
section
12
124F.2(1)(a)
and
the
controlled
substance
involves
4
ounces
or
13
less
of
marijuana
except
as
otherwise
provided
in
the
bill.
A
14
simple
misdemeanor
is
punishable
by
confinement
for
no
more
15
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
16
Currently,
such
a
person
commits
a
class
“D”
felony.
A
person
17
who
is
18
years
of
age
or
older
who
unlawfully
manufactures
18
with
the
intent
to
distribute,
distributes,
or
possesses
with
19
the
intent
to
distribute
marijuana
to
another
person
who
is
20
18
years
of
age
or
older
in
or
on,
or
within
1,000
feet
of,
21
the
real
property
comprising
a
public
or
private
elementary
or
22
secondary
school,
public
park,
public
swimming
pool,
public
23
recreation
center,
or
on
a
marked
school
bus,
may
be
sentenced
24
up
to
an
additional
term
of
confinement
of
five
years.
25
POSSESSION
OF
MARIJUANA.
The
bill
provides
that
if
a
person
26
unlawfully
possesses
more
than
6
ounces
of
marijuana
but
not
27
more
than
12
ounces,
the
person
commits
a
serious
misdemeanor.
28
The
bill
provides
that
if
a
person
unlawfully
possesses
more
29
than
one-half
ounce
of
marijuana
but
not
more
than
6
ounces,
30
the
person
commits
a
simple
misdemeanor.
31
The
bill
provides
that
if
a
person
21
years
of
age
or
older
32
possesses
one-half
ounce
or
less
of
marijuana,
the
person
does
33
not
commit
a
criminal
offense
but
shall
be
assessed
a
civil
34
penalty
in
the
amount
of
$100.
If
the
person
is
under
21
years
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of
age,
the
person
must
complete
10
hours
of
unpaid
community
1
service
and
a
substance
abuse
program,
and
inform
the
person’s
2
parents
or
legal
guardians.
The
bill
provides
that
any
records
3
relating
to
the
civil
penalty
shall
not
be
displayed
for
public
4
viewing
on
the
Iowa
court
information
system
and
such
records
5
shall
not
be
kept
in
the
criminal
history
files
maintained
by
6
the
department
of
public
safety.
7
RETAIL
MARIJUANA
——
POSSESSION
LIMITS.
The
bill
establishes
8
possession
limits
for
retail
marijuana,
defined
in
the
bill.
9
The
bill
prohibits
a
person
21
years
of
age
or
older
from
10
possessing
more
than
5
ounces
of
marijuana
flower,
or
500
11
milligrams
of
tetrahydrocannabinol
contained
in
a
product
12
infused
with
marijuana.
A
person
in
possession
of
retail
13
marijuana
in
excess
of
amounts
equivalent
to
the
amounts
14
specified
in
the
bill
for
the
possession
of
marijuana
is
15
subject
to
prosecution
for
a
simple
or
serious
misdemeanor
or
16
a
civil
penalty.
A
retail
marijuana
store
that
sells
retail
17
marijuana
in
excess
of
the
amounts
allowed
in
the
bill
is
18
subject
to
a
fine
or
other
discipline
imposed
by
the
division.
19
Currently,
if
a
person
unlawfully
possesses
marijuana,
the
20
person
shall
be
punished
by
imprisonment
in
the
county
jail
for
21
not
more
than
six
months
or
by
a
fine
of
not
more
than
$1,000,
22
or
by
both
for
a
first
offense.
If
the
person
has
previously
23
been
convicted
of
marijuana
possession,
the
person
commits
a
24
serious
misdemeanor
under
current
law,
and
if
the
person
has
25
been
convicted
of
marijuana
possession
two
or
more
times,
the
26
person
commits
an
aggravated
misdemeanor.
27
JUVENILE
MARIJUANA
OFFENSES.
The
bill
specifies
that
the
28
juvenile
court
shall
have
exclusive
original
jurisdiction
in
a
29
proceeding
concerning
a
minor
who
is
alleged
to
have
committed
30
a
violation
of
the
bill.
31
GATHERINGS
WHERE
CONTROLLED
SUBSTANCES
UNLAWFULLY
USED.
32
The
bill
strikes
a
provision
making
it
a
serious
misdemeanor
33
for
a
person
to
sponsor,
promote,
or
aid
in
the
sponsoring
34
or
promoting
of
a
meeting
or
gathering
with
the
knowledge
or
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intent
that
marijuana
be
distributed,
used,
or
possessed
at
the
1
meeting
or
gathering
in
violation
of
Code
chapter
124.
2
ACCOMMODATION
OFFENSE.
The
bill
strikes
a
provision
3
allowing
a
prosecution
for
unlawful
delivery
or
possession
with
4
intent
to
deliver
marijuana,
if
the
prosecution
proves
that
5
the
defendant
delivered
or
possessed
with
intent
to
deliver
6
one-half
ounce
or
less
of
marijuana
which
was
not
offered
for
7
sale,
the
defendant
is
guilty
of
an
accommodation
offense
8
and
rather
than
being
sentenced
for
a
class
“D”
felony
under
9
Code
section
124.401(1)(d),
the
person
is
sentenced
for
a
10
misdemeanor
in
violation
of
Code
section
124.401(5).
The
bill
11
makes
conforming
changes
to
Code
sections
124.401G
(Iowa
hemp
12
Act)
and
124.413
(mandatory
minimum
sentences
——
controlled
13
substances).
14
SECOND
OR
SUBSEQUENT
OFFENSES.
Currently,
a
person
15
convicted
of
a
second
or
subsequent
offense
under
Code
chapter
16
124
may
be
punished
by
imprisonment
for
a
period
not
to
exceed
17
three
times
the
term
otherwise
authorized,
or
fined
not
more
18
than
three
times
the
amount
otherwise
authorized.
The
bill
19
strikes
the
provision
that
allows
for
the
use
of
a
previous
20
marijuana
conviction
in
determining
if
a
person
has
been
21
convicted
of
a
second
or
subsequent
offense
under
Code
chapter
22
124.
23
MARIJUANA
IN
MOTOR
VEHICLES.
The
bill
prohibits
a
driver
24
of
a
motor
vehicle
upon
a
public
street
or
highway
from
using
25
marijuana
in
the
passenger
area
of
the
motor
vehicle.
The
bill
26
also
prohibits
a
driver
or
passenger
of
or
in
a
motor
vehicle
27
upon
a
public
street
or
highway
from
possessing
marijuana
in
28
the
passenger
area
of
a
motor
vehicle
except
in
a
sealed,
odor
29
proof,
child
resistant
container.
The
bill
defines
“passenger
30
area”
as
the
area
designed
to
seat
the
driver
and
passengers
31
while
the
motor
vehicle
is
in
operation
and
any
area
that
is
32
readily
accessible
to
the
driver
or
a
passenger
while
in
their
33
seating
positions,
including
the
glove
compartment.
A
person
34
who
knowingly
violates
this
provision
of
the
bill
is
guilty
of
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a
simple
misdemeanor.
A
simple
misdemeanor
is
punishable
by
1
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
$105
2
but
not
more
than
$855.
3
The
bill
prohibits
a
person
from
operating
a
motor
4
vehicle
with
50
or
more
nanograms
of
tetrahydrocannabinol
5
in
the
person,
as
measured
in
the
person’s
blood.
A
person
6
who
operates
a
motor
vehicle
with
50
or
more
nanograms
of
7
tetrahydrocannabinol
in
the
person
shall
have
that
person’s
8
driver’s
license
suspended
for
180
days
for
a
first
offense
and
9
one
year
for
each
subsequent
offense.
A
person
who
refuses
10
to
submit
to
chemical
testing
for
tetrahydrocannabinol
shall
11
have
the
person’s
driver’s
license
suspended
for
one
year
for
a
12
first
offense,
and
two
years
for
each
subsequent
offense.
13
EXPUNGEMENT.
The
bill
provides
that
upon
application
by
a
14
defendant
convicted
of
a
felony
offense
under
Code
chapter
124
15
(controlled
substances)
related
to
the
possession
or
transfer
16
of
marijuana
prior
to
January
1,
2027,
the
court
shall
enter
an
17
order
expunging
the
record
of
such
a
criminal
case.
A
person
18
may
only
seek
an
expungement
once,
but
an
application
may
19
request
the
expungement
of
multiple
nonviolent
offenses
if
the
20
offenses
arose
from
the
same
transaction
or
occurrence.
Under
21
current
law,
misdemeanor
marijuana
offenses
may
be
expunged
22
pursuant
to
Code
section
901C.3
(misdemeanor
expungement).
The
23
bill
requires
each
court,
on
the
effective
date
of
the
bill,
to
24
review
its
records
to
identify
persons
convicted
of
marijuana
25
offenses
that
would
have
been
legal
under
the
bill
and
to
26
automatically
expunge
each
such
conviction.
27
DIVISION
II
——
RETAIL
MARIJUANA.
Division
II
of
the
28
bill
relates
to
the
regulation
of
retail
marijuana
in
29
Iowa.
The
bill
grants
the
division
of
the
department
of
30
revenue
responsible
for
issuing
alcohol
licenses
(division)
31
the
authority
to
regulate
the
cultivation,
production,
32
transportation,
testing,
and
sale
of
retail
marijuana
and
33
retail
marijuana
products,
including
by
issuing
appropriate
34
licenses
and
promulgating
rules.
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The
bill
requires
the
division
to
transfer
half
of
any
1
application
fee
collected
to
the
local
jurisdiction
in
which
2
the
retail
marijuana
establishment
will
be
located.
The
3
bill
allows
local
jurisdictions
to
impose
limitations
on
the
4
operation
of
retail
marijuana
establishments,
including
by
5
prohibiting
their
operation.
6
The
bill
directs
the
division
to
develop
and
maintain
a
7
seed-to-sale
tracking
system
to
track
retail
marijuana
from
the
8
seed
or
immature
plant
stage
until
it
is
sold
to
a
consumer
at
a
9
retail
marijuana
establishment.
10
The
bill
requires
the
division
to
prioritize
applicants
11
for
state
licenses
who
currently
hold
a
license
pursuant
to
12
Code
chapter
124E
(medical
cannabidiol)
or
that
are
businesses
13
majority-owned
by
women,
citizens
or
permanent
legal
residents
14
of
Iowa,
or
disabled
veterans.
The
bill
requires
the
division
15
to
issue
licenses
to
businesses
that
are
majority-owned
by
16
persons
who
are
racial
minorities
in
a
proportion
that
meets
or
17
exceeds
the
percentage
of
persons
in
this
state
who
are
racial
18
minorities
according
to
the
most
recent
federal
decennial
19
census.
20
The
bill
prohibits
the
owner
of
a
retail
marijuana
21
establishment
from
interfering
with
activities
of
employees
22
relating
to
labor
organizations.
23
LOCAL
LICENSES.
The
bill
requires
the
division
to
transmit
24
any
application
for
a
retail
marijuana
establishment
it
25
receives
to
the
local
jurisdiction
where
the
establishment
26
will
be
located
within
seven
days
of
receipt
unless
the
27
local
jurisdiction
has
prohibited
the
operation
of
retail
28
marijuana
establishments.
The
local
jurisdiction
must
then
29
inform
the
division
whether
the
application
complies
with
30
any
local
restrictions
on
the
operation
of
retail
marijuana
31
establishments
it
may
have
imposed.
The
bill
requires
a
person
32
to
receive
approval
from
both
the
division
and
the
local
33
jurisdiction
before
operating
a
retail
marijuana
establishment.
34
A
person
whose
application
for
a
license
is
denied
is
entitled
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to
a
hearing
and
judicial
review
pursuant
to
Code
chapter
17A.
1
RETAIL
MARIJUANA
LICENSES.
Ninety
days
prior
to
the
2
expiration
date
of
an
existing
license,
the
division
shall
3
notify
the
licensee
of
the
expiration
date
by
first
class
4
mail
at
the
licensee’s
address
of
record
with
the
division.
5
A
licensee
may
apply
for
the
renewal
of
an
existing
license
6
to
the
division
not
less
than
30
days
prior
to
the
date
of
7
expiration.
8
RETAIL
MARIJUANA
STORES.
The
bill
allows
a
retail
marijuana
9
store
to
purchase
retail
marijuana
from
a
retail
marijuana
10
cultivation
facility.
A
retail
marijuana
store
may
also
11
sell
prepackaged
and
labeled
retail
marijuana
products.
A
12
retail
marijuana
store
must
track
all
of
its
retail
marijuana
13
and
retail
marijuana
products
from
the
point
that
they
are
14
transferred
to
the
retail
marijuana
store
to
the
point
of
15
sale.
The
bill
prohibits
a
retail
marijuana
store
from
selling
16
more
than
one
ounce
of
retail
marijuana
or
its
equivalent
17
to
a
person
in
a
single
transaction,
excluding
nonedible,
18
nonpsychoactive
retail
marijuana
products.
19
Prior
to
initiating
a
sale,
the
bill
requires
a
retail
20
marijuana
store
employee
to
verify
that
purchaser
has
a
valid
21
identification
card
showing
that
the
person
is
21
years
of
age
22
or
older.
If
a
purchaser
presents
a
retail
marijuana
store
23
employee
with
fraudulent
proof
of
age,
any
action
taken
in
24
reliance
on
that
proof
of
age
shall
not
be
grounds
for
the
25
revocation
or
suspension
of
a
license.
26
The
bill
allows
a
retail
marijuana
store
to
provide
to
the
27
state
hygienic
laboratory
a
sample
of
its
products
for
testing
28
and
research
purposes.
The
retail
marijuana
store
shall
29
maintain
a
record
of
what
was
provided
to
the
laboratory
and
30
the
results
of
the
testing.
31
The
bill
prohibits
a
retail
marijuana
store
from
selling
32
any
products
other
than
retail
marijuana,
retail
marijuana
33
products,
marijuana
accessories,
nonconsumable
products
such
as
34
apparel,
and
marijuana
products
such
as
childproof
packaging
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containers.
1
The
bill
prohibits
the
division
from
issuing
more
than
one
2
retail
marijuana
store
license
per
county,
except
that
the
3
division
may,
upon
receipt
of
a
petition,
issue
one
additional
4
retail
marijuana
store
license
per
100,000
population
in
the
5
county.
The
bill
allows
a
location
licensed
as
a
retail
6
marijuana
store
to
also
be
licensed
as
a
medical
cannabis
7
dispensary,
pursuant
to
rules
adopted
by
the
division
in
8
consultation
with
the
Iowa
department
of
public
health.
9
RETAIL
MARIJUANA
CULTIVATION.
The
bill
allows
the
division
10
to
issue
retail
marijuana
cultivation
facility
licenses
11
to
persons
who
cultivate
retail
marijuana
for
sale
and
12
distribution
to
retail
marijuana
stores,
manufacturers,
or
13
other
cultivation
facilities.
The
bill
requires
a
retail
14
marijuana
cultivation
facility
to
remit
any
applicable
tax
due.
15
The
bill
also
requires
a
retail
marijuana
cultivation
facility
16
to
track
the
marijuana
it
cultivates
from
seed
or
immature
17
plant
to
wholesale
purchase.
18
RETAIL
MARIJUANA
PRODUCTS
MANUFACTURING
LICENSES.
The
19
bill
allows
the
division
to
issue
retail
marijuana
products
20
manufacturing
licenses
to
persons
who
manufacture
retail
21
marijuana
products.
The
bill
requires
a
retail
marijuana
22
products
manufacturer
to
track
all
of
its
retail
marijuana
from
23
the
point
it
is
either
transferred
from
its
retail
marijuana
24
cultivation
facility
or
the
point
when
it
is
delivered
to
the
25
retail
marijuana
products
manufacturer
from
a
retail
marijuana
26
cultivation
facility
to
the
point
of
transfer
to
a
retail
27
marijuana
store.
28
The
bill
requires
retail
marijuana
products
to
be
29
manufactured
and
prepared
in
a
facility
that
only
manufactures
30
retail
marijuana
products,
except
that
premises
may
be
shared
31
with
a
medical
cannabis-infused
products
manufacturer
so
long
32
as
a
virtual
or
physical
separation
of
inventory
is
maintained.
33
RETAIL
MARIJUANA
USE
——
PROTECTIONS.
The
bill
prohibits
34
the
state
and
its
political
subdivisions
from
taking
certain
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actions
against
a
person
on
the
basis
that
the
person
has
1
engaged
in
conduct
allowed
by
the
bill.
The
state
and
its
2
political
subdivisions
shall
not
prosecute
a
person,
deny
a
3
person
a
professional
license,
deny
a
person
a
benefit
or
4
entitlement,
deny
a
person
custody
or
visitation
of
a
child,
5
deny
a
person
employment
or
a
contract,
or
deny
a
person
6
medical
care
on
the
basis
that
the
person
has
engaged
in
7
conduct
allowed
by
the
bill.
The
bill
also
prohibits
the
8
state
or
a
political
subdivision
from
denying
employment
9
or
a
contract
to
a
person
on
the
basis
of
a
person’s
prior
10
conviction
of
a
nonviolent
marijuana
offense
that
does
not
11
involve
distribution
to
a
minor.
The
bill
excludes
engaging
12
in
conduct
allowed
by
the
bill
from
being
classified
as
a
13
violation
of
a
condition
of
parole,
probation,
or
pretrial
14
release
unless
there
is
a
specific
finding
that
the
conduct
15
could
create
a
danger
to
the
individual
or
another
person.
16
The
bill
does
not
prohibit
a
governmental
employer
from
17
disciplining
an
employee
or
contractor
for
ingesting
marijuana
18
at
work
or
working
while
under
the
influence
of
marijuana,
nor
19
does
it
prohibit
a
licensing
board
from
imposing
a
penalty
on
a
20
person
for
engaging
in
conduct
that
would
constitute
negligence
21
or
professional
malpractice.
The
protections
of
the
bill
do
22
not
apply
to
the
extent
that
they
conflict
with
a
governmental
23
employer’s
obligations
under
federal
law
or
would
disqualify
24
a
governmental
employer
from
a
monetary
or
licensing-related
25
benefit
under
federal
law.
26
FEES.
The
bill
allows
the
division
to
collect
and
charge
27
fees.
The
bill
sets
the
application
fee
for
a
person
applying
28
for
a
new
retail
marijuana
establishment
license
at
$5,000,
29
which
shall
be
divided
evenly
between
the
division
and
the
30
local
jurisdiction
where
the
license
is
proposed
to
be
issued.
31
The
bill
permits
a
local
jurisdiction
to
impose
operating
fees
32
on
retail
marijuana
establishments
to
which
it
has
granted
a
33
license.
34
LICENSE
DISCIPLINE.
The
bill
permits
the
division,
on
its
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own
motion
or
complaint,
and
after
investigation,
notice,
1
a
public
hearing,
and
opportunity
to
be
heard,
to
suspend
2
or
revoke
a
license
if
the
licensee
or
any
of
its
agents
or
3
employees
violate
a
provision
of
the
bill
or
a
rule
promulgated
4
by
the
division.
The
division
may
administer
oaths
and
issue
5
subpoenas
to
require
the
presence
of
persons
and
the
production
6
of
documents.
The
division
may
impose
discipline
pursuant
to
7
rules
and
Code
chapter
17A.
8
INSPECTION.
The
bill
requires
a
licensee
to
keep
a
complete
9
set
of
all
records
necessary
to
show
fully
the
business
10
transactions
of
the
licensee,
all
of
which
shall
be
open
at
all
11
times
during
business
hours
for
the
inspection
and
examination
12
by
the
division
or
its
duly
authorized
representatives.
13
The
bill
requires
the
licensed
premises
of
a
retail
14
marijuana
establishment,
including
any
places
of
storage
15
where
retail
marijuana
or
retail
marijuana
products
are
16
stored,
cultivated,
sold,
dispensed,
or
tested
to
be
subject
17
to
inspection
by
the
state
or
local
jurisdictions
and
their
18
investigators,
during
all
business
hours
and
other
times
19
of
apparent
activity,
for
the
purpose
of
inspection
or
20
investigation.
21
STATE
MARIJUANA
EXCISE
TAX.
The
bill
imposes
an
excise
tax
22
on
consumers
at
the
rate
of
10
percent
of
the
sale
price
on
23
each
sale
of
retail
marijuana.
The
tax
shall
be
paid
by
the
24
consumer
to
the
retail
marijuana
establishment
at
the
time
25
of
sale,
and
each
retail
marijuana
establishment
shall
remit
26
the
tax
collected
to
the
division
on
the
15th
day
of
each
27
month.
Revenues
generated
by
the
excise
tax
shall
be
deposited
28
in
the
community
reinvestment
fund,
mental
health
services
29
and
substance
use
disorder
prevention
fund,
and
local
public
30
safety
fund
created
in
the
bill.
Moneys
in
the
community
31
reinvestment
fund,
mental
health
services
and
substance
use
32
disorder
prevention
fund,
and
local
public
safety
fund
shall
be
33
appropriated
by
the
general
assembly
for
purposes
enumerated
34
in
the
bill.
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OCCUPATIONAL
LICENSING
PROTECTIONS.
The
bill
prohibits
a
1
professional
or
occupational
licensing
board
from
imposing
2
discipline
on
a
licensee
for
providing
services
related
to
3
retail
marijuana
establishments.
The
bill
also
prohibits
a
4
professional
or
occupational
licensing
board
from
denying
a
5
license
to
a
person
based
on
a
person’s
past
employment
with
a
6
retail
marijuana
establishment.
7
RULEMAKING.
The
bill
requires
the
division
to
adopt
rules
8
within
one
year
of
the
effective
date
of
the
bill
to
adopt
9
rules
for
the
implementation
of
the
bill.
The
rules
shall
10
not
prohibit
the
operation
of
retail
marijuana
establishments
11
or
make
the
operation
of
retail
marijuana
establishments
so
12
costly
as
to
be
impractical.
Required
rules
include
but
are
13
not
limited
to
rules
relating
to
applications,
fees,
licensure,
14
security
requirements,
labeling
requirements,
health
and
15
safety
requirements,
restrictions
on
advertising,
cultivation,
16
testing,
and
penalties.
The
division
shall
also
develop
and
17
regularly
update
safety
materials
to
be
distributed
upon
the
18
sale
of
retail
marijuana.
19
ACTS
PROHIBITED.
The
bill
does
not
allow
the
transfer
of
20
marijuana
to
a
person
under
21
years
of
age
or
the
possession
21
of
marijuana
by
a
person
under
21
years
of
age.
22
PROPERTY
RIGHTS.
The
bill
does
not
require
the
owner
of
23
a
property
to
allow
the
consumption,
cultivation,
display,
24
sale,
or
transfer
of
marijuana
at
that
property.
However,
in
25
the
case
of
a
residential
dwelling,
a
landlord
or
property
26
manager
shall
not
prohibit
the
possession
of
retail
marijuana
27
or
medical
cannabis
or
the
consumption
of
retail
marijuana
28
or
medical
cannabis
by
means
other
than
smoking
except
under
29
certain
circumstances.
The
bill
allows
a
landlord
to
take
30
action
against
a
tenant
after
a
warning
if
the
tenant’s
use
of
31
marijuana
creates
an
odor
that
interferes
with
the
peaceful
32
enjoyment
of
property
by
other
tenants.
The
bill
prohibits
33
a
landlord
from
discriminating
against
a
tenant
or
applicant
34
on
the
basis
of
a
past
conviction
of
a
marijuana
offense
that
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would
have
been
legal
under
the
bill.
1
LAW
ENFORCEMENT.
The
bill
prohibits
law
enforcement
2
agencies
from
expending
resources
on
the
investigation
of
or
3
arrest
for
activity
related
to
marijuana
that
is
in
violation
4
of
federal
law
if
the
officer
performing
the
investigation
5
or
arrest
has
reason
to
believe
that
the
activity
complies
6
with
the
requirements
of
the
bill.
The
bill
also
prohibits
7
an
agency
or
political
subdivision
of
the
state
from
taking
8
an
adverse
action
against
a
person
on
the
sole
basis
that
the
9
person
has
violated
a
federal
law
related
to
marijuana.
10
SURCHARGE.
The
bill
allows
a
county
that
has
not
prohibited
11
the
sale
of
retail
marijuana
to
impose
a
1
percent
surcharge
12
on
the
retail
sales
price
of
retail
marijuana.
The
surcharge
13
shall
be
administered
by
the
department
of
revenue
and
funds
14
collected
by
the
department
of
revenue
shall
be
remitted
to
15
the
county
on
a
quarterly
basis.
The
bill
includes
additional
16
provisions
regarding
the
implementation
and
operation
of
retail
17
marijuana
surcharges.
18
DIVISION
III
——
EFFECTIVE
DATE.
The
bill
takes
effect
19
upon
enactment,
except
that
the
division
of
the
department
of
20
revenue
responsible
for
issuing
alcohol
licenses
shall
not
21
issue
a
license
to
operate
a
retail
marijuana
establishment
22
prior
to
January
1,
2027.
23
DIVISION
IV
——
CODE
EDITOR
DIRECTIVE.
The
bill
directs
24
the
Code
editor
to
create
two
subchapters
in
new
Code
chapter
25
124F.
The
first
subchapter
shall
be
designated
“criminal
26
penalties”
and
the
second
subchapter
shall
be
designated
27
“retail
marijuana”.
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