Iowa Marijuana Laws

Marijuana is a controlled substance by Iowa law. Its legal use is only allowed within the state's limited medical marijuana program. Despite expanding the parameters of the program somewhat in 2020, Iowa's medical cannabis accessibility and approved products lag behind most other states.

Marijuana, also known as cannabis, remains illegal for recreational use in Iowa. Harsh penalties with jail time are in place for all cannabis-based offenses, even ones that involve small amounts of marijuana. There are no provisions or leniency for first-time offenders.

Republican lawmakers, who hold the majority in Des Moines, have opposed bills that pursue a complete medical cannabis program, legalization, or decriminalization. They cite threats to public safety.

The decision to use marijuana in Iowa by anyone other than qualified medical marijuana patients can be dangerous. In this article, we'll go over how the medical marijuana program in Iowa operates and how patients can use it. You'll learn about the strict penalties for marijuana offenses, including special DUI conditions.

History of Marijuana Laws in Iowa

In 2014, Iowa became one the earliest states to legalize the possession and use of cannabidiol with Senate File 2360. Cannabidiol or CBD oil comes from the cannabis plant but contains only low doses of THC (tetrahydrocannabinol), the psychoactive ingredient that causes the "high" from marijuana use. Iowa originally approved the use of CBD oil for the treatment of epilepsy.

Since then, HF 2589 expanded the program to allow slightly more powerful doses of THC. The bill also included a wider range of qualifying medical conditions.

By keeping marijuana as a Schedule I drug, Iowa matches the federal classification found in the Controlled Substances Act. While the federal government was making efforts to reduce the severity of marijuana's treatment in the drug schedules, Iowa does not seem inclined to follow suit.

Consumable hemp products have been legal since the passage of the 2018 Farm Bill that removed these cannabis-based items from the definition of marijuana under the Controlled Substances Act. Iowa also passed an initial Hemp Act in 2021. To be legal, hemp-infused products had to have less than 0.3% THC by weight.

On May 17, 2024, HF 2605 became the newest Iowa law on cannabis. It limits consumable hemp-based products to a maximum of 4 milligrams of THC per serving and 10 milligrams per container. The law also bans distributing or selling these items to anyone under 21. The law was to give appropriate regulation to the hemp market, including hemp-based infused drinks and edibles, like gummies. There has been some controversy over the roll-out of the new law. As a result, many businesses are not clear on the legality of their products.

Medical Marijuana Laws in Iowa

The Iowa Department of Health and Human Services oversees the medical cannabis program. To be eligible to buy legal medical cannabis, patients must fill out an online application to become registered and get an Iowa Medical Cannabidiol Card. The patient must have a physician's certification that they are suffering from one or more of the following conditions:

  • Multiple sclerosis (MS)
  • AIDS/HIV
  • Amyotrophic lateral sclerosis (ALS)
  • Post-traumatic stress disorder (PTSD)
  • Pediatric autism accompanied by self-injurious or aggressive behavior
  • Intractable epilepsy
  • Cancer or cancer-related chronic pain, nausea, or cachexia
  • Ulcerative colitis
  • Chronic pain
  • Crohn's disease
  • Seizures
  • Parkinson's disease
  • Terminal illness
  • Corticobasal degeneration

Under Iowa law, qualified patients with an Iowa Medical Cannabidiol Card can buy up to 4.5 grams of THC-infused products over 90 days. Once in the program, applying for a waiver of this limit is possible.

Due to Iowa law, medical marijuana patients can only buy products made with extracted THC and CBD. CBD oil without THC is also available. Smokable marijuana is illegal in Iowa for any purpose.

The types of cannabis products Iowa Medical Cannabinoid Card carriers can buy in Iowa include:

Oral forms including:

  • Tablets
  • Capsules
  • Liquids
  • Tinctures
  • Sublingual products (under the tongue)

Transdermal patches

Rectal/vaginal forms, including but not limited to suppositories

Topical forms including but not limited to:

  • Gels
  • Ointments
  • Creams
  • Lotions

Inhaled forms limited to:

  • Nebulizable
  • Vaporizable Rectal/vaginal forms, including but not limited to suppository

In certain cases, a doctor can apply to increase the amount of THC products a patient can have in 90 days. Either of these conditions must apply:

  • The patient has a terminal illness and an expected lifespan of less than 12 months.
  • The patient has been receiving medical cannabis but the physician has concluded that 4.5 grams is insufficient to provide relief.

As of May 2024, there are five licensed dispensaries to serve the needs of Iowans. They are in:

  • Iowa City
  • Council Bluffs
  • Waterloo
  • Sioux City
  • Windsor Heights

A bill passed by the Iowa Senate in April 2024 seeks to raise the number of legal retailers to 10. But, the Iowa House did not take up the matter. Delivery service for medical marijuana is not allowed.

Out-of-state medical marijuana patients can have the marijuana products they bring with them, but they can't buy any in Iowa.

Iowa Cannabis Law Penalties

A charge with even a tiny amount of marijuana involved can lead to fines and even prison time. Driving under the influence of cannabis carries the same penalties as an alcohol-caused OWI but with no measurable legal limit. Law enforcement could arrest and charge you even if you showed no impairment.

The table below summarizes what you've learned in this article, along with the penalties you might face for violating Iowa marijuana laws.

Relevant Iowa marijuana laws

Iowa Code

Title IV — Public Health, Chapter 124 — Controlled Substances

Title IV — Public Health, Chapter 124E — Medical Cannabidiol Act

Title V — Agriculture, Chapter 204 — Iowa Hemp Act
Is recreational marijuana legal in Iowa? No. Marijuana is a Schedule I controlled substance under Iowa law.
Is medicinal marijuana legal in Iowa?

Yes. Patients with qualifying conditions can have 4.5 grams of THC-infused marijuana products every 90 days. They are not allowed to grow cannabis plants.

Sale, cultivation, and distribution of marijuana penalties

Any sale, cultivation, or distribution offense is a felony, no matter how small the amount.

  • 50 kg. or less (class D felony): Up to five years imprisonment and a fine between $1,025 to $10,245
  • More than 50 kg up to 100 kg. (class C felony): Up to 10 years imprisonment and a fine between $1,000 to $50,000
  • More than 100 kg up to 1,000 kg. (class B felony): Up to 25 years imprisonment and a fine between $5,000 to $100,000
  • More than 1,000 kg. (class B felony): Up to 50 years imprisonment and a fine of up to $1,000,000

Sentencing gets enhanced for distribution to minors.

Possession of marijuana penalties The state of Iowa considers marijuana possession of any amount (outside use qualified under the medical marijuana program) to be a misdemeanor offense. There is no first-offense leniency program in place.
  • Any amount (first offense) — up to $1,000 fine
  • Any amount (second offense) — serious misdemeanor: up to one year incarceration and up to $2,560 fine
  • Any amount (third or later offense) — aggravated misdemeanor: up to two years incarceration and up to $8,540 fine

Chronic marijuana "abusers" may be ordered into a rehabilitation program.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any particular state laws you are reviewing.

Iowa Marijuana Laws: More Research

Facing Marijuana Charges in Iowa? An Attorney Can Help

Iowa drug charges carry serious, life-altering penalties. The state has strict consequences for the possession, growing, or selling of non-medical marijuana. If you face marijuana charges in Iowa, contact an Iowa drug crimes attorney. Having a legal expert on your side can make a huge difference.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex drug crimes usually require a lawyer
  • Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
  • Drug crime laws involve many specifics that can quickly change a case

Get tailored legal advice and ask a lawyer questions. Many Iowa attorneys offer free consultations for Drug Crime.

 

If you need an attorney, find one right now.