HR Alert

Iowa: Medical Cannabidiol Law Provides Additional Employer Protection

Law Currently in Effect

An amended law in Iowa regarding medical cannabidiol provides an additional protection for employers who have established policies and initiated drug/alcohol testing programs in accordance with state law.

Amended Law
The amended law establishes the state Medical Cannabidiol Act, which authorizes the issuance of a medical cannabidiol registration card to certain patients with debilitating medical conditions. Under the amended law, a cause of action may not arise against an employer who has established a policy and initiated a testing program in accordance with the testing and policy safeguards provided for under state law (section: 730.5), for testing or taking action against an individual with a confirmed positive test result due to the individual's use of medical cannabidiol as authorized under the state Medical Cannabidiol Act.

Background
State law also provides additional employer protections. Under current law, a cause of action may not arise against an employer who has established a policy and initiated a testing program in accordance with the testing and policy safeguards provided for under state law (section: 730.5), for any of the following:

  • Testing or taking action based on the results of a positive drug or alcohol test result, indicating the presence of drugs or alcohol, in good faith, or on the refusal of an employee or prospective employee to submit to a drug or alcohol test.
  • Failure to test for drugs or alcohol, or failure to test for a specific drug or controlled substance.
  • Failure to test for, or if tested for, failure to detect, any specific drug or other controlled substance.
  • Termination or suspension of any substance abuse prevention or testing program or policy.
  • Any action taken related to a false negative drug or alcohol test result.

The amended law is now effective. Click here (section: 22) to read the text of the amended law. Additional drug testing provisions are available by clicking here.


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