Bill Text: IA HF2237 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act prohibiting hemp and hemp products intended for inhalation, providing penalties, making penalties applicable, and including implementation and effective date provisions. (Formerly HSB 572.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-24 - Fiscal note. [HF2237 Detail]
Download: Iowa-2019-HF2237-Introduced.html
House
File
2237
-
Introduced
HOUSE
FILE
2237
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
572)
A
BILL
FOR
An
Act
prohibiting
hemp
and
hemp
products
intended
for
1
inhalation,
providing
penalties,
making
penalties
2
applicable,
and
including
implementation
and
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
204.2,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
“Federal
Food,
Drug,
and
Cosmetic
Act”
3
means
the
Act
so
entitled
as
codified
in
21
U.S.C.
§301
et
4
seq.,
including
regulations
adopted
pursuant
to
that
Act
by
the
5
United
States
food
and
drug
administration
under
the
Code
of
6
Federal
Regulations,
Title
21.
7
Sec.
2.
Section
204.7,
subsection
9,
Code
2020,
is
amended
8
to
read
as
follows:
9
9.
a.
Except
as
otherwise
provided
in
section
204.14A,
all
10
of
the
following
apply:
11
(1)
A
person
may
engage
in
the
retail
sale
of
a
hemp
12
product
if
the
hemp
was
produced
in
this
state
or
another
state
13
in
compliance
with
the
federal
hemp
law
or
other
applicable
14
federal
law.
A
person
may
engage
in
the
retail
sale
of
a
hemp
15
product
if
the
hemp
was
produced
in
another
jurisdiction
in
16
compliance
with
applicable
federal
law
and
the
laws
of
the
17
other
jurisdiction,
if
such
law
is
substantially
the
same
as
18
applicable
federal
law.
19
b.
(2)
To
the
extent
consistent
with
applicable
federal
20
law,
a
derivative
of
hemp,
including
hemp-derived
cannabidiol,
21
may
be
added
to
cosmetics,
personal
care
products,
and
products
22
intended
for
human
or
animal
consumption.
The
addition
of
such
23
a
derivative
shall
not
be
considered
an
adulteration
of
the
24
product,
unless
otherwise
provided
in
applicable
federal
law.
25
c.
(3)
A
person
may
transport
a
hemp
product
within
and
26
through
this
state
and
may
export
a
hemp
product
to
any
foreign
27
nation,
in
accordance
with
applicable
federal
law
and
the
law
28
of
the
foreign
nation.
29
d.
b.
A
hemp
product
complying
with
this
subsection
30
paragraph
“a”
is
not
a
controlled
substance
under
chapter
124
31
or
453B
.
32
Sec.
3.
NEW
SECTION
.
204.14A
Criminal
offense
——
33
inhalation.
34
1.
A
person
shall
not
possess,
use,
manufacture,
market,
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transport,
deliver,
or
distribute
harvested
hemp
or
a
hemp
1
product
if
the
intended
use
of
the
harvested
hemp
or
hemp
2
product
is
introduction
into
the
body
of
a
human
or
animal
by
3
any
method
of
inhalation,
including
any
of
the
following:
4
a.
Smoke
produced
from
combustion.
5
b.
A
type
of
article
that
uses
a
heating
element,
power
6
source,
electronic
circuit,
or
other
electronic,
chemical,
or
7
mechanical
process.
8
c.
A
device,
including
but
not
limited
to
a
cigarette,
9
cigar,
cigarillo,
or
pipe,
regardless
of
whether
such
device
10
produces
smoke
or
vapor.
11
2.
A
person
who
violates
subsection
1
is
guilty
of
a
serious
12
misdemeanor.
13
3.
This
section
does
not
apply
to
the
extent
that
federal
14
law,
including
the
federal
Food,
Drug,
and
Cosmetic
Act,
15
authorizes
as
its
intended
use
the
introduction
of
harvested
16
hemp
or
a
hemp
product
into
the
body
of
a
human
or
animal
by
a
17
method
of
inhalation.
18
Sec.
4.
CONTINGENT
IMPLEMENTATION.
19
This
Act
shall
be
implemented,
including
administered
20
and
enforced,
by
the
department
of
agriculture
and
land
21
stewardship,
the
department
of
public
safety,
and
local
law
22
enforcement
agencies,
beginning
on
the
date
that
the
provisions
23
of
chapter
204
are
implemented
as
provided
in
2019
Iowa
Acts,
24
chapter
130,
section
18,
subsection
1.
25
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
26
importance,
takes
effect
upon
enactment.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
INHALATION.
This
bill
prohibits
a
person
from
possessing,
31
using,
manufacturing,
marketing,
transporting,
delivering,
or
32
distributing
harvested
hemp
or
a
hemp
product
if
the
intended
33
use
of
the
harvested
hemp
or
hemp
product
is
introduction
into
34
the
body
of
a
human
or
animal
by
any
method
of
inhalation
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(e.g.,
cigarette,
cigar,
cigarillo,
or
pipe).
The
prohibition
1
does
not
apply
to
the
extent
that
federal
law,
including
2
the
federal
Food,
Drug,
and
Cosmetic
Act,
authorizes
as
its
3
intended
use
the
introduction
of
harvested
hemp
or
a
hemp
4
product
by
a
method
of
inhalation.
5
BACKGROUND.
The
bill
amends
provisions
enacted
in
2019
Iowa
6
Acts,
chapter
130
(Iowa’s
2019
Act),
including
new
Code
chapter
7
204,
the
“Iowa
Hemp
Act”
(IHA)
(see
Code
section
204.1),
8
authorizing
the
production
of
a
certain
type
of
cannabis
9
(sativa
L.)
and
providing
for
the
manufacture,
sale,
and
10
transportation
of
hemp
products,
if
the
hemp
or
hemp
product
11
has
a
delta-9
tetrahydrocannabinol
(THC)
concentration
of
not
12
more
than
0.3
percent
on
a
dry
weight
basis
(Code
section
13
204.2).
Iowa’s
2019
Act
was
enacted
after
the
enactment
of
14
the
federal
Agriculture
Improvement
Act
of
2018,
commonly
15
known
as
the
2018
farm
bill,
including
provisions
allowing
the
16
production
of
hemp
(7
U.S.C.
§1639o
et
seq.).
The
federal
17
hemp
law
allows
states
and
tribes
to
assume
primary
regulatory
18
authority
over
the
production
of
hemp
by
submitting
a
plan
19
for
approval
by
the
United
States
department
of
agriculture
20
(USDA).
The
USDA
has
neither
approved
nor
disapproved
Iowa’s
21
state
plan.
By
its
own
terms,
the
federal
hemp
law
does
22
not
affect
or
modify
the
federal
Food,
Drug,
and
Cosmetic
23
Act
(21
U.S.C.
§301
et
seq.),
and
therefore
it
preserves
the
24
authority
of
the
United
States
food
and
drug
administration
25
to
regulate
articles
that
may
be
introduced
in
the
body
of
a
26
human
or
animal
(see
7
U.S.C.
§1639r).
Generally,
the
IHA
is
27
to
be
implemented
on
the
publication
date
of
that
edition
of
28
the
Iowa
administrative
bulletin
that
includes
a
statement
29
by
the
department
of
agriculture
and
land
stewardship
(DALS)
30
certifying
USDA
approval
of
the
state
plan.
31
PENALTIES.
The
bill
provides
that
a
person
who
violates
32
the
bill’s
provisions
is
guilty
of
a
serious
misdemeanor
which
33
is
punishable
by
confinement
for
no
more
than
one
year
and
34
a
fine
of
at
least
$315
but
not
more
than
$1,875.
A
person
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who
violates
the
bill’s
provisions
is
also
subject
to
a
civil
1
penalty
of
not
less
than
$500
and
not
more
than
$2,500
that
2
DALS
may
impose,
assess,
and
collect
for
any
violation
of
the
3
IHA
(Code
section
204.12).
4
IMPLEMENTATION
DATE.
The
bill
is
to
be
implemented
on
the
5
same
date
as
the
IHA.
6
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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