Religious Exception for Cannabis

Proposed Legislation

124.401(5)(g) Religious exceptions.  A provision of this chapter shall not be construed to substantially burden a person’s exercise of religion if the person is an adherent or member of a church or religious denomination and in accordance with the tenets or principles of the person’s church or religious denomination the person uses cannabis.  However, persons supplying the product to a church shall register, maintain appropriate records of receipts and disbursements, and otherwise comply with all applicable requirements of this chapter and rules adopted pursuant thereto.  For purposes of this paragraph, “exercise of religion” means the same as defined in section 675.3(2) and “substantially burden” means the same as defined in section 675.3(5).  The department shall issue a registration card similar to the registration card in section 124E.4.  For purposes of this paragraph, “person” means the same as defined in section 675.3(3).

Existing Exceptions in the Iowa Code

Religious Exception for Peyote (1971): Iowa Code § 124.204(4)(p) references a statutory religious exception in Iowa Code § 124.204(8).
Secular Exception for Cannabis (2017): Iowa Code § 124.401(5)(c) references a statutory secular exception in Iowa Code Chapter 124E.
Secular Exception for Cannabis (2019): Iowa Code § 124.204(4)(m) references a statutory secular exception in Iowa Code § 124.204(7) referencing statutory secular exceptions in Iowa Code Chapter 204 and Iowa Code Chapter 204A.
Religious Exception for Vaccines (2020): Iowa Code § 139A.39 creates a statutory religious exception in Iowa Code Chapter 139A.
Religious Freedom Restoration Act (2024): Iowa Code Chapter 675 creates a statutory religious exception to every law and regulation, but the only means of enforcement is a private cause of action in an Iowa district court (not exactly easy to do).
Jamaica (2015) Dangerous Drugs Act Amendment added exception for possession of ganja for religious purposes as a sacrament in adherence to the Rastafarian faith.

Text of Existing Exceptions

Peyote, § 124.204(8): Nothing in this chapter shall apply to peyote when used in bona fide religious ceremonies of the Native American Church;  however, persons supplying the product to the church shall register, maintain appropriate records of receipts and disbursements of peyote, and otherwise comply with all applicable requirements of this chapter and rules adopted pursuant thereto.
Cannabis, § 124.401(5)(c): A person may knowingly or intentionally recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with the provisions of chapter 124E.  For purposes of this paragraph, “cannabidiol” means the same as defined in section 124E.2.
Cannabis, § 124.204(7): This section does not apply to any of the following:  a. Hemp as defined in section 204A.2, including hemp that is or was produced in this state, or was produced in another state in accordance with the provisions of the federal hemp law as defined in chapter 204A, with a maximum delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis.  b. A hemp product as provided in chapter 204 with a maximum tetrahydrocannabinol concentration, inclusive of any isomers, derivatives, and analogs, whether naturally occurring or synthesized, that does not exceed three-tenths of one percent on a dry weight basis.
Vaccines, § 139A.39: A provision of this chapter shall not be construed to require or compel any person to take or follow a course of medical treatment prescribed by law or a health care provider if the person is an adherent or member of a church or religious denomination and in accordance with the tenets or principles of the person’s church or religious denomination the person opposes the specific course of medical treatment.  However, such person while in an infectious stage of disease shall be subject to isolation and such other measures appropriate for the prevention of the spread of the disease to other persons.
RFRA, § 675.3(2):Exercise of religion” means the practice or observance of religion.  “Exercise of religion” includes but is not limited to the ability to act or refuse to act in a manner substantially motivated by one’s sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
RFRA, § 675.3(3):Person” means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.
RFRA, § 675.3(5):Substantially burden” means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion and includes but is not limited to withholding of benefits; assessment of criminal, civil, or administrative penalties; or exclusion from governmental programs or access to governmental facilities.