Government cannot favor religious activity over secular, or visa versa.
The judicial cannon of constitutional avoidance means an unconstitutional statute is only unconstitutional if it is actually applied to someone in an unconstitutional way.
Someone has to be injured by it, or it’s never going to be held unconstitutional.
The problem with the Iowa Controlled Substances Act is that it has no exception statute, like 21 U.S.C. 822(d), or the exception language in the international treaties.
The federal and international exceptions can be for anything, religious or non-religious.
But, since Iowa does not make exceptions, the only way to make them is by enacting a new chapter, like Chapter 124E (medical cannabidiol).
So, to follow along with that pattern, a new Chapter 124F (religious use of cannabis).
It should not be limited to cannabis, but it should not be “religious” either.
The only reason for this is because there is no other way to create exceptions, they can only be created by new statutes.
Iowa should have adopted the administrative regulations in the uniform act, but chose not to.
So, we end up with RFRA and another chapter for religious use of cannabis (both are totally absurd, but Iowa has no due process).
And, we have some regulations we can use for a template.
Also, notice how the regulations are broader that the statute.
The regulations include the sincere beliefs of an “individual”, and do not require membership in some religious organization.
Religious Exceptions for Vaccines
Iowa Code § 139A.8(4)(a)(2) (“… conflicts with the tenets and practices of a recognized religious denomination of which the applicant is an adherent or member”).
Iowa Code § 139A.8(4)(b) (“… exemptions under this subsection do not apply in times of emergency or epidemic as determined and declared by the director”).
7.3(2) A religious exemption may be granted to an applicant if immunization conflicts with a genuine and sincere religious belief. To be valid, a religious certificate of immunization exemption for religious reasons shall contain, at a minimum, the applicant’s last name, first name, and date of birth and shall bear the signature of the applicant or, if the applicant is a minor, of the applicant’s parent or guardian and shall attest that immunization conflicts with a genuine and sincere religious belief and that the belief is in fact religious and not based merely on philosophical, scientific, moral, personal, or medical opposition to immunizations. Language included on the religious certificate of immunization exemption referencing rule 641 — 7.3(139A) cannot be altered. Any edits or alterations to the religious certificate of immunization exemption referencing rule 641 — 7.3(139A) will invalidate the certificate.
7.3(3) Medical and religious exemptions do not apply in times of emergency or epidemic pursuant to Iowa Code section 139A.8.
[ARC 8041C, IAB 5/29/24, effective 7/3/24]
Here is are some sources for a template for a new subsection 124.401(5)(g):
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, “substantially burden” means the same as defined in section 675.3(5).
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