Photo Credit: Steffen Geyer (Flickr CC)
Wisconsin is often worse off than its neighbors when it comes to cannabis legislation, but Iowa is a serious contender in the race to the bottom. Recreational and medical marijuana are both absolutely illegal in Iowa. Possession of any amount of cannabis, however trivial, is a misdemeanor punishable by up to six months in jail and a $1,000 fine under Iowa law. Cultivating or selling any amount is a felony that is punishable by a prison sentence no matter the amount sold.
However, even with these harsh laws, Iowa is still relatively more progressive than Wisconsin. In Iowa, possession of cannabis is never considered a felony, and the punishment when selling is lighter—selling 50 kilograms in Iowa is punishable by a maximum of five years in jail, while selling only 10 kilograms can net you a 15-year sentence in Wisconsin.
Surprisingly, Iowa lawmakers have been repeatedly attempting to pass progressive legislation on cannabis going back to the 1970s. Recently, a 2014 House File suggested to lighten punishment for possession of 42.5 grams or less by turning it into a $300 fine, but it was rejected. That same year, cannabidiol (CBD) was legalized by way of the Medical Cannabidiol Act, signed into law by then-governor Terry Branstad. CBD is a cannabis component that doesn’t make you feel high, unlike its psychoactive component, THC, while retaining medical applications—this is what justified its legalization in Iowa under the condition that CBD products contain “less than 3% of THC.” Just before leaving office, Gov. Branstad extended the number of medical conditions qualifying individuals for CBD use, including cancer, seizures, AIDS, untreatable pain and any illness with a life expectancy of less than one year.
However, the CBD legislation has been heavily criticized, as only licensed manufacturers can produce cannabidiol in Iowa, and it is illegal to transport it across state lines. The state also imposes heavy fees and regulations on the production and sale of cannabinoids, while very few people—fewer than 1,200 as of Friday, Jan. 11, 2019—have been given registration cards qualifying them to obtain CBD-derived medical treatment. As such, many consider that CBD is not really legal in Iowa because it is too strictly regulated to be widely accessible.
Things are unlikely to look up in Iowa in the foreseeable future. Despite attempts by the legislature to expand the CBD laws—specially to remove the current 3% THC cap—none of them have been successful. Recently reelected Gov. Kim Reynolds has been very quiet on the subject, replying with just one word when asked if she’d support marijuana reform: “No.”
