Bill Text: IA HF2581 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to the regulation of hemp, including by providing for testing methods and the regulation of hemp products, providing penalties, making penalties applicable, and including effective date provisions. (Formerly HSB 646.)
Spectrum: Committee Bill
Status: (Passed) 2020-06-17 - Signed by Governor. H.J. 791. [HF2581 Detail]
Download: Iowa-2019-HF2581-Enrolled.html
House
File
2581
-
Enrolled
House
File
2581
AN
ACT
RELATING
TO
THE
REGULATION
OF
HEMP,
INCLUDING
BY
PROVIDING
FOR
TESTING
METHODS
AND
THE
REGULATION
OF
HEMP
PRODUCTS,
PROVIDING
PENALTIES,
MAKING
PENALTIES
APPLICABLE,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
124.506,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
According
to
an
order
for
the
disposal
of
a
crop
that
does
not
qualify
as
hemp
as
provided
in
section
204.10.
Sec.
2.
Section
204.2,
Code
2020,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
01.
“Certificate
of
analysis”
means
proof
that
a
crop
produced
on
a
licensee’s
crop
site
qualifies
as
hemp
as
provided
in
section
204.8.
NEW
SUBSECTION
.
001.
“Consumable
hemp
product”
means
a
hemp
product
that
includes
a
substance
that
is
metabolized
or
is
otherwise
subject
to
a
biotransformative
process
when
introduced
into
the
human
body.
a.
A
consumable
hemp
product
may
be
introduced
into
the
human
body
by
ingestion
or
absorption
by
any
device
including
but
not
limited
to
an
electronic
device.
b.
A
consumable
hemp
product
may
exist
in
a
solid
or
liquid
state.
c.
A
hemp
product
is
deemed
to
be
a
consumable
hemp
product
House
File
2581,
p.
2
if
it
is
any
of
the
following:
(1)
Designed
by
the
processor,
including
the
manufacturer,
to
be
introduced
into
the
human
body.
(2)
Advertised
as
an
item
to
be
introduced
into
the
human
body.
(3)
Distributed,
exported,
or
imported
for
sale
or
distribution
to
be
introduced
into
the
human
body.
d.
“Consumable
hemp
product”
includes
but
is
not
limited
to
any
of
the
following:
(1)
A
noncombustible
form
of
hemp
that
may
be
digested,
such
as
food;
internally
absorbed,
such
as
chew
or
snuff;
or
absorbed
through
the
skin,
such
as
a
topical
application.
(2)
Hemp
processed
or
otherwise
manufactured,
marketed,
sold,
or
distributed
as
food,
a
food
additive,
a
dietary
supplement,
or
a
drug.
e.
“Consumable
hemp
product”
does
not
include
a
hemp
product
if
the
intended
use
of
the
hemp
product
is
introduction
into
the
human
body
by
any
method
of
inhalation,
as
prohibited
under
section
204.14A.
NEW
SUBSECTION
.
4A.
“Federal
Food,
Drug,
and
Cosmetic
Act”
means
the
Act
so
entitled
as
codified
in
21
U.S.C.
§301
et
seq.,
including
regulations
adopted
pursuant
to
that
Act
by
the
United
States
food
and
drug
administration
under
the
Code
of
Federal
Regulations,
Title
21.
NEW
SUBSECTION
.
13.
“Temporary
harvest
and
transportation
permit”
means
a
document
allowing
the
harvesting
of
a
crop
produced
on
a
licensee’s
crop
site
and
the
temporary
movement
of
that
crop
subject
to
limitations
provided
in
section
204.8.
Sec.
3.
Section
204.2,
subsection
6,
Code
2020,
is
amended
to
read
as
follows:
6.
a.
“Hemp”
means
the
plant
cannabis
sativa
L.
and
any
part
of
that
plant,
including
the
seeds
thereof,
and
all
derivatives,
extracts,
cannabinoids,
isomers,
acids,
salts,
and
salts
of
isomers,
whether
growing
or
not,
with
a
maximum
delta-9
tetrahydrocannabinol
concentration
of
not
more
than
three-tenths
of
one
percent
on
a
dry
weight
basis
as
calculated
pursuant
to
an
official
test
as
provided
in
section
204.8
.
b.
“Hemp”
also
means
a
plant
of
the
genus
cannabis
other
than
cannabis
sativa
L.,
with
a
maximum
delta-9
House
File
2581,
p.
3
tetrahydrocannabinol
concentration
of
not
more
than
three-tenths
of
one
percent
on
a
dry
weight
basis
as
calculated
pursuant
to
an
official
test
as
provided
in
section
204.8
,
but
only
to
the
extent
allowed
by
the
department
in
accordance
with
applicable
federal
law,
including
the
federal
hemp
law.
Sec.
4.
Section
204.3,
subsection
4,
Code
2020,
is
amended
to
read
as
follows:
4.
The
department
may
provide
for
the
receipt,
filing,
processing,
and
return
of
documents
described
in
this
chapter
in
an
electronic
format,
including
but
not
limited
to
the
transmission
of
documents
by
the
internet.
The
department
shall
provide
for
the
authentication
of
official
forms
in
an
electronic
format
that
may
include
electronic
signatures
as
provided
in
chapter
554D
.
An
official
form
in
an
electronic
format
shall
have
the
same
validity
and
is
discoverable
and
admissible
in
evidence
if
given
under
penalty
of
perjury
in
the
same
manner
as
an
original
printed
form.
The
department
shall
provide
for
the
issuance
of
certificates
of
crop
inspection
analysis
in
an
electronic
format
as
provided
in
section
204.8
.
Sec.
5.
Section
204.7,
subsection
4,
Code
2020,
is
amended
to
read
as
follows:
4.
The
department
shall
adopt
rules
regulating
the
production
of
hemp,
including
but
not
limited
to
inspection
and
testing
requirements
under
section
204.8
or
204.9
,
and
the
issuance
of
a
temporary
harvest
and
transportation
permit
or
certificate
of
crop
inspection
analysis
under
section
204.8
.
The
department
shall
adopt
rules
as
necessary
to
administer
the
negligent
violation
program.
The
department
may
adopt
other
rules
as
necessary
or
desirable
to
administer
and
enforce
the
provisions
of
this
chapter
relating
to
hemp
or
hemp
products.
Sec.
6.
Section
204.7,
subsection
5,
Code
2020,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
5.
a.
A
person
is
not
subject
to
a
criminal
offense
involving
hemp
as
otherwise
prohibited
in
chapter
124
or
453B,
if
all
of
the
following
apply:
(1)
If
the
person
is
a
licensee,
the
person
carries
the
person’s
hemp
license
when
possessing
hemp.
(2)
The
person
carries
a
certificate
of
analysis,
or
a
House
File
2581,
p.
4
temporary
harvest
and
transportation
permit,
if
the
person
is
in
possession
of
harvested
hemp.
If
the
person
is
transporting
harvested
hemp
into
or
through
this
state,
the
person
must
carry
a
certificate
of
analysis
or
an
equivalent
document
issued
to
the
person
by
the
jurisdiction
where
the
hemp
was
produced.
(3)
The
person
carries
a
certificate
of
analysis,
if
the
person
is
delivering
hemp
seed
for
planting.
(4)
The
person
carries
a
bill
of
lading
under
all
of
the
following
circumstances:
(a)
The
person
is
in
possession
of
hemp
in
transit
to
transfer
ownership.
(b)
The
person
is
delivering
hemp
seed
for
planting
and
the
seed
is
not
of
the
licensee’s
own
production.
(c)
A
person
brings
hemp
produced
in
another
state
into
or
through
this
state.
b.
For
purposes
of
paragraph
“a”
,
a
criminal
offense
involving
hemp
includes
but
is
not
limited
to
production,
use,
harvest,
transportation,
delivery,
distribution,
or
sale.
Sec.
7.
Section
204.7,
subsection
6,
Code
2020,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
6.
A
person
other
than
a
licensee
is
not
subject
to
a
criminal
offense
involving
hemp
as
described
in
subsection
5
if
the
person
is
authorized
to
be
on
the
licensee’s
crop
site
by
the
licensee.
Sec.
8.
Section
204.7,
subsections
7
and
8,
Code
2020,
are
amended
by
striking
the
subsections.
Sec.
9.
Section
204.7,
subsection
9,
paragraph
a,
Code
2020,
is
amended
to
read
as
follows:
a.
A
Except
as
provided
in
subsection
10,
and
section
204.14A,
a
person
may
engage
in
the
retail
sale
of
a
hemp
product
if
the
hemp
was
produced
in
this
state
or
another
state
in
compliance
with
the
federal
hemp
law
or
other
applicable
federal
law.
A
person
may
engage
in
the
retail
sale
of
a
hemp
product
if
the
hemp
was
produced
in
another
jurisdiction
in
compliance
with
applicable
federal
law
and
the
laws
of
the
other
jurisdiction,
if
such
law
is
substantially
the
same
as
applicable
federal
law.
House
File
2581,
p.
5
Sec.
10.
Section
204.7,
subsection
9,
paragraph
b,
Code
2020,
is
amended
by
striking
the
paragraph.
Sec.
11.
Section
204.7,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
10.
a.
Except
as
provided
in
paragraph
“e”
,
a
consumable
hemp
product
shall
not
be
manufactured,
sold,
or
consumed
in
this
state
unless
all
of
the
following
conditions
are
met:
(1)
The
consumable
hemp
product
is
manufactured
in
this
state
in
compliance
with
this
chapter.
(2)
The
hemp
contained
in
the
consumable
hemp
product
was
produced
exclusively
in
this
state
in
compliance
with
this
chapter.
(3)
The
consumable
hemp
product
complies
with
packaging
and
labeling
requirements,
which
shall
be
established
by
the
department
of
inspections
and
appeals
by
rule.
b.
A
person
manufacturing
a
consumable
hemp
product
in
this
state
shall
register
with
the
department
of
inspections
and
appeals
on
a
form
prescribed
by
the
department
of
inspections
and
appeals
by
rule.
The
department
of
inspections
and
appeals
may
impose
a
fee,
established
by
the
department
of
inspections
and
appeals
by
rule,
on
a
registrant
not
to
exceed
the
cost
of
processing
the
registration.
The
department
of
inspections
and
appeals
shall
adopt
rules
for
the
revocation
of
a
registration
issued
to
a
manufacturer
who
manufactures
a
consumable
hemp
product
not
in
compliance
with
this
chapter.
c.
A
person
selling
a
consumable
hemp
product
in
this
state
shall
register
with
the
department
of
inspections
and
appeals
on
a
form
prescribed
by
the
department
of
inspections
and
appeals
by
rule
and
shall
keep
on
the
premises
of
the
person’s
business
a
copy
of
the
certificate
of
analysis
issued
pursuant
to
section
204.8
for
the
hemp
contained
in
the
consumable
hemp
products
sold
by
the
person.
The
department
of
inspections
and
appeals
may
impose
a
fee,
established
by
the
department
of
inspections
and
appeals
by
rule,
on
a
registrant
not
to
exceed
the
cost
of
processing
the
registration.
The
department
of
inspections
and
appeals
shall
adopt
rules
for
the
revocation
of
a
registration
issued
to
a
person
who
sells
a
consumable
hemp
product
not
in
compliance
with
this
section.
House
File
2581,
p.
6
d.
Except
as
otherwise
provided
in
this
subsection,
a
political
subdivision
of
the
state
shall
not
adopt
any
ordinance,
rule,
or
regulation
regarding
the
manufacture,
sale,
or
consumption
of
a
consumable
hemp
product.
e.
A
consumable
hemp
product
manufactured
in
another
jurisdiction
pursuant
to
a
state
or
tribal
plan
approved
by
the
United
States
department
of
agriculture
pursuant
to
the
federal
hemp
law
may
be
imported
for
use
by
a
consumer
or
sale
by
a
retailer
to
a
consumer
if
the
state
has
substantially
similar
testing
requirements
as
those
provided
in
section
204.8.
f.
A
consumable
hemp
product
manufactured,
sold,
or
consumed
in
compliance
with
this
subsection
is
not
a
controlled
substance
under
chapter
124
or
453B
regardless
of
whether
the
consumable
hemp
product
has
been
approved
by
the
United
States
food
and
drug
administration.
Sec.
12.
Section
204.8,
subsection
1,
paragraph
d,
Code
2020,
is
amended
to
read
as
follows:
d.
A
licensee
shall
not
harvest
any
portion
of
a
crop
produced
at
the
licensee’s
crop
site
unless
the
department
has
obtained
a
sample
of
plants
to
conduct
a
test
as
provided
in
this
section
and
has
issued
the
licensee
a
temporary
harvest
and
transportation
permit
or
certificate
of
crop
inspection
analysis
.
The
department
may
adopt
rules
that
it
determines
necessary
or
desirable
to
administer
and
enforce
the
terms
and
conditions
of
a
permit.
The
department
shall
have
unrestricted
access
to
a
crop
site
subject
to
a
permit.
A
licensee
subject
to
a
permit
shall
receive
permission
from
the
department
prior
to
moving
the
hemp,
shall
not
commingle
the
hemp,
and
shall
not
transfer
the
hemp
to
another
person.
e.
The
department
shall
issue
a
verified
copy
of
the
temporary
harvest
and
transportation
permit
or
certificate
of
analysis
to
any
other
person
upon
request
of
the
licensee.
The
permit
or
certificate
shall
be
published
by
the
department
as
an
official
form.
f.
To
the
extent
allowed
by
the
federal
hemp
law,
the
certificate
of
analysis
shall
be
proof
that
the
harvested
crop
described
on
the
form
qualifies
as
hemp
pursuant
to
the
results
of
an
official
test.
g.
A
temporary
harvest
and
transportation
permit
expires
House
File
2581,
p.
7
when
the
department
issues
the
licensee
a
certificate
of
analysis.
A
permit
or
certificate
of
analysis
terminates
upon
the
issuance
of
an
order
of
disposal
of
the
licensee’s
crop
as
provided
in
section
204.10
or
upon
the
revocation
of
the
licensee’s
hemp
license
as
provided
in
section
204.11.
Sec.
13.
Section
204.8,
subsection
3,
Code
2020,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
3.
The
official
test
shall
be
a
composite
test
of
the
plants
obtained
by
the
department
from
a
licensee’s
crop
site
during
the
annual
inspection
and
shall
be
conducted
by
a
laboratory
designated
by
the
department.
The
sample
must
have
an
acceptable
delta-9
tetrahydrocannabinol
concentration,
resulting
from
a
post
decarboxylation
analysis,
that
does
not
exceed
three-tenths
of
one
percent
on
a
dry
weight
basis.
a.
The
laboratory
shall
report
delta-9
tetrahydrocannabinol
concentration
on
a
dry
weight
basis
that
accounts
for
a
measurement
uncertainty
associated
with
the
result
of
a
measurement.
The
measurement
uncertainty
shall
characterize
the
dispersion
of
the
values
that
could
be
reasonably
attributed
to
the
particular
quantity
subject
to
measurement.
The
acceptable
delta-9
tetrahydrocannabinol
concentration
occurs
when
the
application
of
the
measurement
uncertainty
to
the
reported
delta-9
tetrahydrocannabinol
concentration
on
a
dry
weight
basis
produces
a
distribution
or
range
that
includes
three-tenths
of
one
percent
or
less.
b.
The
post
decarboxylation
value
is
the
result
of
an
analysis
determined
after
the
process
of
decarboxylation
that
determines
the
total
potential
delta-9
tetrahydrocannabinol
content
derived
from
the
sum
of
the
delta-9
tetrahydrocannabinol
concentration
and
delta-9
tetrahydrocannabinolic
acid
content
and
reported
on
a
dry
weight
basis.
The
post
decarboxylation
value
may
be
determined
by
using
a
chromatographic
technique
using
heat
and
gas
chromatography,
through
which
the
tetrahydrocannabinolic
acid
content
is
converted
from
its
acid
form
to
its
neutral
form.
The
post
decarboxylation
value
may
also
be
calculated
by
using
a
high-performance
liquid
chromatograph
technique,
which
keeps
the
tetrahydrocannabinolic
acid
intact
and
requires
House
File
2581,
p.
8
a
conversion
calculation
of
that
tetrahydrocannabinolic
acid
to
determine
the
total
potential
delta-9
tetrahydrocannabinol
content
in
a
given
sample.
Sec.
14.
Section
204.9,
subsection
2,
paragraph
b,
Code
2020,
is
amended
to
read
as
follows:
b.
The
department
of
public
safety
or
a
local
law
enforcement
agency
may
obtain
a
sample
of
plants
that
are
part
of
the
crop
and
provide
for
a
test
of
that
sample
as
provided
in
section
204.8
.
The
department
of
public
safety
or
a
local
law
enforcement
agency
shall
not
impose,
assess,
or
collect
a
fee
for
conducting
an
inspection
or
test
under
this
section
.
Sec.
15.
Section
204.10,
subsection
1,
Code
2020,
is
amended
to
read
as
follows:
1.
If
a
crop
that
is
produced
at
a
licensee’s
crop
site
does
not
qualify
as
hemp
according
to
an
official
test
conducted
pursuant
to
section
204.8
,
but
has
a
maximum
concentration
not
in
excess
of
two
percent
delta-9
tetrahydrocannabinol
on
a
dry
weight
basis,
the
department,
in
consultation
with
the
department
of
public
safety,
shall
order
the
disposal
of
the
crop
by
destruction
at
the
site
or
if
necessary
require
the
crop
to
be
removed
to
another
location
for
destruction.
Sec.
16.
Section
204.14,
subsections
2
and
3,
Code
2020,
are
amended
to
read
as
follows:
2.
a.
The
Except
as
provided
in
paragraph
“b”
,
the
person
is
required
to
hold
a
certificate
of
crop
inspection
under
section
204.8
analysis
to
possess,
handle,
use,
manufacture,
market,
transport,
deliver,
or
distribute
hemp
that
has
been
harvested
under
this
chapter
.
b.
The
person
is
required
to
hold
a
temporary
harvest
and
transportation
permit
to
possess,
harvest,
or
move
hemp.
3.
The
person
knowingly
or
intentionally
does
any
of
the
following:
a.
Falsifies
the
temporary
harvest
and
transportation
permit
or
certificate
of
crop
inspection
analysis
.
b.
Acquires
the
temporary
harvest
and
transportation
permit
or
certificate
of
crop
inspection
analysis
that
the
person
knows
has
been
falsified.
Sec.
17.
NEW
SECTION
.
204.14A
Criminal
offense
——
inhalation.
House
File
2581,
p.
9
1.
A
person
shall
not
possess,
use,
manufacture,
market,
transport,
deliver,
or
distribute
harvested
hemp
or
a
hemp
product
if
the
intended
use
of
the
harvested
hemp
or
hemp
product
is
introduction
into
the
body
of
a
human
by
any
method
of
inhalation,
including
any
of
the
following:
a.
Smoke
produced
from
combustion.
b.
A
type
of
article
that
uses
a
heating
element,
power
source,
electronic
circuit,
or
other
electronic,
chemical,
or
mechanical
process.
c.
A
device,
including
but
not
limited
to
a
cigarette,
cigar,
cigarillo,
or
pipe,
regardless
of
whether
such
device
produces
smoke
or
vapor.
2.
A
person
who
violates
subsection
1
is
guilty
of
a
serious
misdemeanor.
3.
This
section
does
not
apply
to
the
extent
that
federal
law,
including
the
federal
Food,
Drug,
and
Cosmetic
Act,
authorizes
as
its
intended
use
the
introduction
of
harvested
hemp
or
a
hemp
product
into
the
body
of
a
human
by
a
method
of
inhalation.
Sec.
18.
Section
204.17,
subsection
2,
paragraph
c,
Code
2020,
is
amended
to
read
as
follows:
c.
Local
law
relating
to
product
development,
product
manufacturing,
consumer
safety,
or
public
health
so
long
as
the
local
law
is
consistent
with
federal
and
state
law
,
except
as
provided
in
section
204.7,
subsection
10
.
Sec.
19.
CONTINGENT
EFFECTIVE
DATE.
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
on
the
date
that
chapter
204
is
implemented
as
provided
in
2019
Iowa
Acts,
chapter
130,
section
18,
subsection
1.
2.
a.
If
the
department
of
agriculture
and
land
stewardship,
in
cooperation
with
the
department
of
public
safety,
determines
that
the
United
States
department
of
agriculture
must
approve
any
amendment
to
an
existing
provision
or
new
provision
enacted
in
this
Act
as
part
of
a
state
plan
pursuant
to
section
204.3,
the
secretary
of
agriculture
shall
publish
a
notice
of
that
fact
in
the
Iowa
administrative
bulletin.
The
department
of
agriculture
and
land
stewardship
shall
forward
a
copy
of
the
statement
to
the
Code
editor
prior
to
publication.
House
File
2581,
p.
10
b.
If
a
determination
is
made
as
provided
in
paragraph
“a”,
the
amendment
or
new
provision
enacted
in
this
Act
takes
effect
on
the
publication
date
of
the
edition
of
the
Iowa
administrative
bulletin
that
includes
a
statement
by
the
secretary
of
agriculture
of
the
department
of
agriculture
and
land
stewardship
certifying
that
the
United
States
department
of
agriculture
has
approved
the
amendment
or
provision.
The
department
of
agriculture
and
land
stewardship
shall
forward
a
copy
of
the
statement
to
the
Code
editor
prior
to
publication.
3.
This
section
does
not
affect
the
implementation
of
provisions
amended
or
enacted
in
2019
Iowa
Acts,
chapter
130.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2581,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
