Bill Text: IA HSB646 | 2019-2020 | 88th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-21 - Committee report, recommending amendment and passage. H.J. 328. [HSB646 Detail]
Download: Iowa-2019-HSB646-Introduced.html
House
Study
Bill
646
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR’S
OFFICE
OF
DRUG
CONTROL
POLICY
BILL)
A
BILL
FOR
An
Act
relating
to
the
regulation
of
hemp,
including
by
1
providing
for
testing
methods
and
the
regulation
of
hemp
2
products,
providing
penalties,
making
penalties
applicable,
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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H.F.
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DIVISION
I
1
PRINCIPAL
PROVISIONS
2
Section
1.
Section
204.2,
Code
2020,
is
amended
by
adding
3
the
following
new
subsections:
4
NEW
SUBSECTION
.
01.
“Consumable
hemp
product”
means
a
5
hemp
product
that
includes
a
substance
that
is
metabolized
6
or
is
otherwise
subject
to
a
biotransformative
process
when
7
introduced
into
a
human
or
animal
body.
8
a.
A
consumable
hemp
product
may
be
introduced
into
a
human
9
or
animal
body
by
ingestion,
absorption,
or
inhalation
by
any
10
device
including
but
not
limited
to
an
electronic
device.
11
b.
A
consumable
hemp
product
may
exist
in
a
solid,
liquid,
12
or
gaseous
state.
13
c.
A
hemp
product
is
deemed
to
be
a
consumable
hemp
product
14
if
it
is
any
of
the
following:
15
(1)
Designed
by
the
processor,
including
the
manufacturer,
16
to
be
introduced
into
a
human
or
animal
body.
17
(2)
Advertised
as
an
item
to
be
introduced
into
a
human
or
18
animal
body.
19
(3)
Distributed,
exported,
or
imported
for
sale
or
20
distribution
to
be
introduced
into
a
human
or
animal
body.
21
d.
“Consumable
hemp
product”
includes
but
is
not
limited
to
22
any
of
the
following:
23
(1)
(a)
A
combustible
or
noncombustible
form
of
hemp
that
24
may
be
inhaled
when
used
as
part
of
a
device
including
but
not
25
limited
to
any
type
of
cigarette,
cigarillo,
cigar,
or
pipe.
26
(b)
A
noncombustible
form
of
hemp
that
may
be
digested,
27
such
as
food;
internally
absorbed,
such
as
chew
or
snuff;
or
28
absorbed
through
the
skin,
such
as
a
topical
application.
29
(2)
Hemp
processed
or
otherwise
manufactured,
marketed,
30
sold,
or
distributed
as
human
or
animal
food,
a
human
or
animal
31
food
additive,
a
human
or
animal
dietary
supplement,
or
a
human
32
or
animal
drug.
33
NEW
SUBSECTION
.
4A.
“Federal
Food,
Drug,
and
Cosmetic
Act”
34
means
the
Act
so
entitled
as
codified
in
21
U.S.C.
§301
et
35
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seq.,
including
regulations
adopted
pursuant
to
that
Act
by
the
1
United
States
food
and
drug
administration
under
the
Code
of
2
Federal
Regulations,
Title
21.
3
NEW
SUBSECTION
.
13.
“Total
delta-9
tetrahydrocannabinol
4
concentration”
means
the
sum
of
the
delta-9
tetrahydrocannabinol
5
and
delta-9
tetrahydrocannabinolic
acid
content
expressed
as
6
a
percentage
and
reported
on
a
dry
weight
basis
as
determined
7
according
to
a
test
as
provided
in
section
204.8.
8
Sec.
2.
Section
204.2,
subsections
5,
6,
and
8,
Code
2020,
9
are
amended
to
read
as
follows:
10
5.
a.
“Federal
hemp
law”
means
that
part
of
Tit.
X
of
the
11
Agriculture
Improvement
Act
of
2018,
Pub.
L.
No.
115-334,
that
12
authorizes
hemp
production
according
to
a
state
plan
approved
13
by
the
United
States
department
of
agriculture,
as
provided
in
14
§10113
of
that
Act,
amending
the
Agricultural
Marketing
Act
of
15
1946,
7
U.S.C.
§1621
et
seq.,
including
by
adding
§297A
through
16
297E.
17
b.
“Federal
hemp
law”
includes
rules
adopted
by
the
United
18
States
department
of
agriculture
pursuant
to
the
provisions
19
described
in
paragraph
“a”
,
including
regulations
provided
in
20
7
C.F.R.
pt.
990.
21
6.
a.
“Hemp”
means
the
plant
cannabis
sativa
L.
and
any
22
part
of
that
plant,
including
the
seeds
thereof,
and
all
23
derivatives,
extracts,
cannabinoids,
isomers,
acids,
salts,
24
and
salts
of
isomers,
whether
growing
or
not,
with
a
total
25
delta-9
tetrahydrocannabinol
concentration
of
not
more
than
not
26
exceeding
three-tenths
of
one
percent
on
a
dry
weight
basis
.
27
b.
“Hemp”
also
means
a
plant
of
the
genus
cannabis
28
other
than
cannabis
sativa
L.,
with
a
total
delta-9
29
tetrahydrocannabinol
concentration
of
not
more
than
not
30
exceeding
three-tenths
of
one
percent
on
a
dry
weight
basis
,
31
but
only
to
the
extent
allowed
by
the
department
in
accordance
32
with
applicable
federal
law,
including
the
federal
hemp
law.
33
8.
a.
“Hemp
product”
means
an
item
derived
from
or
made
34
by
processing
hemp
or
parts
of
hemp,
including
but
not
limited
35
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_____
H.F.
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to
any
item
manufactured
from
hemp,
including
but
not
limited
1
to
such
as
cloth,
cordage,
fiber,
food,
fuel,
paint,
paper,
2
particle
board,
plastic,
hemp
seed,
seed
meal,
or
seed
oil.
3
b.
“Hemp
product”
does
not
include
any
of
the
following:
4
(1)
An
item
or
part
of
an
item
with
a
maximum
total
delta-9
5
tetrahydrocannabinol
concentration
that
exceeds
exceeding
6
three-tenths
of
one
percent
on
a
dry
weight
basis
.
7
(2)
Hemp
seed
that
is
capable
of
germination.
8
Sec.
3.
NEW
SECTION
.
204.2A
Applicability
——
other
state
9
law.
10
This
chapter
does
not
limit
the
regulation
of
articles
under
11
other
provisions
of
state
law,
including
title
IV
and
this
12
title.
13
Sec.
4.
Section
204.7,
subsection
9,
Code
2020,
is
amended
14
to
read
as
follows:
15
9.
a.
Except
as
otherwise
provided
in
section
204.14A,
all
16
of
the
following
apply:
17
(1)
A
person
may
engage
in
the
retail
sale
of
a
hemp
product
18
if
the
all
of
the
following
apply:
19
(a)
The
hemp
was
produced
in
this
state
or
another
state
20
in
compliance
with
the
federal
hemp
law
or
other
applicable
21
federal
law.
A
person
may
engage
in
the
retail
sale
of
a
hemp
22
product
if
the
hemp
was
produced
in
another
jurisdiction
in
23
compliance
with
applicable
federal
law
and
the
laws
of
the
24
other
jurisdiction,
if
such
law
is
substantially
the
same
as
25
applicable
federal
law.
26
(b)
The
hemp
product
is
sold
in
compliance
with
the
federal
27
Food,
Drug,
and
Cosmetic
Act
and
other
applicable
federal
law.
28
b.
(2)
To
the
extent
consistent
with
the
federal
Food,
29
Drug,
and
Cosmetic
Act
and
other
applicable
federal
law,
a
30
derivative
of
hemp,
including
hemp-derived
cannabidiol,
may
31
be
added
to
cosmetics,
personal
care
products,
and
products
32
intended
for
human
or
animal
consumption.
The
addition
of
such
33
a
derivative
shall
not
be
considered
an
adulteration
of
the
34
product,
unless
otherwise
provided
in
the
federal
Food,
Drug,
35
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H.F.
_____
and
Cosmetic
Act
and
other
applicable
federal
law.
1
c.
(3)
A
person
may
transport
a
hemp
product
within
and
2
through
this
state
and
may
export
a
hemp
product
to
any
foreign
3
nation,
in
accordance
with
applicable
federal
law
and
the
law
4
of
the
foreign
nation.
5
d.
b.
A
hemp
product
complying
with
this
subsection
6
paragraph
“a”
is
not
a
controlled
substance
under
chapter
124
7
or
453B
.
8
Sec.
5.
Section
204.8,
subsection
1,
paragraph
c,
Code
2020,
9
is
amended
to
read
as
follows:
10
c.
The
department
shall
provide
the
department
of
public
11
safety
any
official
test
results
of
a
sample
that
indicate
12
a
sample
exceeds
the
maximum
concentration
of
total
delta-9
13
tetrahydrocannabinol
in
excess
of
concentration
exceeding
two
14
percent
on
a
dry
weight
basis
.
15
Sec.
6.
Section
204.8,
subsection
3,
Code
2020,
is
amended
16
to
read
as
follows:
17
3.
The
official
test
shall
be
a
composite
test
of
the
18
plants
obtained
by
the
department
from
a
licensee’s
crop
site
19
during
the
annual
inspection
and
shall
be
conducted
by
a
20
laboratory
designated
by
the
department.
The
sample
must
have
21
a
maximum
concentration
of
test
must
indicate
a
total
delta-9
22
tetrahydrocannabinol
that
does
not
exceed
concentration
not
23
exceeding
three-tenths
of
one
percent
on
a
dry
weight
basis
.
24
Sec.
7.
Section
204.8,
Code
2020,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
5.
A
test
conducted
pursuant
to
this
27
section
must
use
decarboxylation
or
another
similarly
reliable
28
analytical
method
as
specified
or
approved
by
the
United
States
29
department
of
agriculture,
including
as
provided
in
7
C.F.R.
30
pt.
990.
31
Sec.
8.
Section
204.9,
subsection
2,
paragraph
b,
Code
2020,
32
is
amended
to
read
as
follows:
33
b.
The
department
of
public
safety
or
a
local
law
34
enforcement
agency
may
obtain
a
sample
of
plants
that
are
part
35
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H.F.
_____
of
the
crop
and
provide
for
a
test
of
that
sample
as
provided
in
1
section
204.8
.
The
department
of
public
safety
or
a
local
law
2
enforcement
agency
shall
not
impose,
assess,
or
collect
a
fee
3
for
conducting
an
inspection
or
test
under
this
section
.
4
Sec.
9.
Section
204.10,
subsection
1,
Code
2020,
is
amended
5
to
read
as
follows:
6
1.
If
a
sample
of
a
crop
that
is
produced
at
a
licensee’s
7
crop
site
does
not
qualify
as
hemp
indicates
a
total
delta-9
8
tetrahydrocannabinol
concentration
exceeding
three-tenths
9
of
one
percent,
but
not
exceeding
two
percent,
according
to
10
an
official
test
conducted
pursuant
to
section
204.8
,
the
11
department,
in
consultation
with
the
department
of
public
12
safety,
shall
order
the
disposal
of
the
crop
by
destruction
13
at
the
site
or
if
necessary
require
the
crop
to
be
removed
to
14
another
location
for
destruction.
15
Sec.
10.
NEW
SECTION
.
204.14A
Consumable
hemp
products
——
16
criminal
offense.
17
1.
Except
as
provided
in
subsection
3,
a
person
shall
not
18
process
or
otherwise
manufacture,
transport,
deliver,
market,
19
sell,
distribute,
possess,
or
use
a
consumable
hemp
product.
20
2.
A
person
who
violates
subsection
1
is
guilty
of
a
serious
21
misdemeanor.
22
3.
Subsection
1
does
not
apply
to
the
extent
that
the
23
federal
Food,
Drug,
and
Cosmetic
Act
or
other
applicable
24
federal
law
authorizes
or
recognizes
the
processing
or
25
manufacturing,
transportation,
delivery,
marketing,
sale,
or
26
distribution,
possession,
or
use
of
a
consumable
hemp
product
27
for
its
intended
use
by
a
method
for
introduction
into
the
body
28
of
a
human
or
animal.
29
Sec.
11.
NEW
SECTION
.
204.14B
Consumable
hemp
products
——
30
notice.
31
A
person
shall
not
sell
a
consumable
hemp
product
on
a
32
retail
basis
unless
the
sale
is
authorized
or
recognized
by
33
the
federal
Food,
Drug,
and
Cosmetic
Act
or
other
applicable
34
federal
law,
and
the
person
notifies
retail
purchasers
of
the
35
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consumable
hemp
product’s
intended
use.
The
notice
shall
be
1
posted
in
a
manner
and
format
required
by
rules
adopted
by
2
the
department.
However,
the
notice
shall
be
posted
in
a
3
conspicuous
place
where
the
consumable
hemp
product
is
offered
4
for
sale.
5
Sec.
12.
Section
204.15,
subsection
1,
paragraph
a,
6
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
7
(3)
Producing
a
crop
on
the
licensee’s
crop
site
with
a
8
maximum
concentration
of
total
delta-9
tetrahydrocannabinol
9
that
exceeds
concentration
exceeding
three-tenths
of
one
10
percent
according
to
the
results
of
an
official
test
of
a
11
sample
obtained
from
the
licensed
crop
site
pursuant
to
an
12
inspection
conducted
under
section
204.8
.
13
Sec.
13.
Section
204.15,
subsection
1,
paragraph
b,
Code
14
2020,
is
amended
to
read
as
follows:
15
b.
It
is
conclusively
presumed
that
a
licensee
acted
16
with
a
culpable
mental
state
greater
than
negligence,
if
17
the
department
obtains
a
sample
of
a
crop
produced
on
the
18
licensee’s
crop
site
and
the
official
test
results
of
the
19
sample
conducted
pursuant
to
section
204.8
indicate
a
maximum
20
concentration
of
total
delta-9
tetrahydrocannabinol
in
excess
21
of
concentration
exceeding
two
percent
on
a
dry
weight
basis
.
22
Sec.
14.
Section
204.15,
subsection
3,
Code
2020,
is
amended
23
to
read
as
follows:
24
3.
A
licensee
shall
not
participate
in
the
negligent
25
violation
program,
if
a
official
test
results
of
a
sample
of
26
plants
that
are
part
of
a
crop
produced
on
the
licensee’s
crop
27
site
exceeds
a
maximum
concentration
of
two
percent
indicate
28
a
total
delta-9
tetrahydrocannabinol
on
a
dry
weight
basis
29
concentration
exceeding
two
percent
.
30
Sec.
15.
Section
718.6,
Code
2020,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
4.
A
person
who
knowingly
identifies
a
33
controlled
substance,
as
defined
in
section
124.101,
as
hemp
or
34
a
hemp
product,
as
those
terms
are
defined
in
section
204.2,
35
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S.F.
_____
H.F.
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to
a
law
enforcement
officer,
commits
a
simple
misdemeanor.
1
However,
if
the
controlled
substance
is
an
element
or
part
of
2
an
element
in
the
criminal
offense
for
which
the
person
may
be
3
charged,
and
that
criminal
offense
is
punishable
as
a
serious
4
or
aggravated
misdemeanor
or
a
felony,
the
person
commits
a
5
serious
misdemeanor.
6
DIVISION
II
7
COORDINATING
PROVISIONS
8
Sec.
16.
Section
124.101,
Code
2020,
is
amended
by
adding
9
the
following
new
subsections:
10
NEW
SUBSECTION
.
15A.
“Hemp”
means
the
same
as
defined
in
11
section
204.2.
12
NEW
SUBSECTION
.
15B.
“Hemp
product”
means
the
same
as
13
defined
in
section
204.2.
14
NEW
SUBSECTION
.
30A.
“Total
delta-9
tetrahydrocannabinol
15
concentration”
means
the
same
as
defined
in
section
204.2.
16
Sec.
17.
Section
124.204,
subsection
7,
paragraph
b,
as
17
enacted
by
2019
Iowa
Acts,
chapter
130,
section
23,
is
amended
18
to
read
as
follows:
19
b.
(1)
Hemp
as
defined
in
section
204.2
that
is
or
was
20
produced
in
this
state,
or
was
produced
in
another
state,
in
21
accordance
with
the
provisions
of
chapter
204
with
a
maximum
22
total
delta-9
tetrahydrocannabinol
concentration
that
does
not
23
exceed
exceeding
three-tenths
of
one
percent
on
a
dry
weight
24
basis
.
25
(2)
A
hemp
product
as
provided
in
chapter
204
with
a
maximum
26
total
delta-9
tetrahydrocannabinol
concentration
that
does
not
27
exceed
exceeding
three-tenths
of
one
percent
on
a
dry
weight
28
basis
.
29
Sec.
18.
Section
124.401H,
subsection
3,
as
enacted
by
30
2019
Iowa
Acts,
chapter
130,
section
25,
is
amended
to
read
as
31
follows:
32
3.
The
offense
arises
out
of
a
test
of
a
sample
of
plants
33
that
are
part
of
a
crop
produced
on
the
licensee’s
crop
34
site
,
and
the
test
indicates
that
the
sample
does
not
qualify
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as
hemp
under
section
204.8
,
and
does
not
exceed
a
maximum
1
concentration
of
two
percent
the
test
result
indicates
that
the
2
crop
has
a
total
delta-9
tetrahydrocannabinol
on
a
dry
weight
3
basis
concentration
not
exceeding
two
percent
.
4
Sec.
19.
Section
124.506,
Code
2020,
is
amended
by
adding
5
the
following
new
subsection:
6
NEW
SUBSECTION
.
4A.
According
to
an
order
for
the
disposal
7
of
a
crop
that
does
not
qualify
as
hemp
as
provided
in
section
8
204.10.
9
Sec.
20.
Section
453B.1,
Code
2020,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
10A.
“Total
delta-9
tetrahydrocannabinol
12
concentration”
means
the
same
as
defined
in
section
204.2.
13
Sec.
21.
Section
453B.18,
subsection
3,
as
enacted
by
2019
14
Iowa
Acts,
chapter
130,
section
32,
is
amended
to
read
as
15
follows:
16
3.
The
offense
arises
out
of
a
test
of
a
sample
of
plants
17
that
are
part
of
a
crop
produced
on
the
licensee’s
crop
site
,
18
and
the
test
indicates
that
the
sample
does
not
qualify
as
19
hemp
under
section
204.8
,
and
it
does
not
exceed
a
maximum
20
concentration
of
two
percent
the
test
indicates
that
the
crop
21
has
a
total
delta-9
tetrahydrocannabinol
on
a
dry
weight
basis
22
concentration
not
exceeding
two
percent
.
23
DIVISION
III
24
CONTINGENT
EFFECTIVE
DATE
25
Sec.
22.
CONTINGENT
EFFECTIVE
DATE.
26
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
27
on
the
date
that
chapter
204
is
implemented
as
provided
in
2019
28
Iowa
Acts,
chapter
130,
section
18,
subsection
1.
29
2.
a.
If
the
department
of
agriculture
and
land
30
stewardship,
in
cooperation
with
the
department
of
public
31
safety,
determines
that
the
United
States
department
of
32
agriculture
must
approve
any
amendment
to
an
existing
provision
33
or
new
provision
enacted
in
this
Act
as
part
of
a
state
plan
34
pursuant
to
section
204.3,
the
secretary
of
agriculture
shall
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publish
a
notice
of
that
fact
in
the
Iowa
administrative
1
bulletin.
The
department
of
agriculture
and
land
stewardship
2
shall
forward
a
copy
of
the
statement
to
the
Code
editor
prior
3
to
publication.
4
b.
If
a
determination
is
made
as
provided
in
paragraph
5
“a”,
the
amendment
or
new
provision
enacted
in
this
Act
takes
6
effect
on
the
publication
date
of
the
edition
of
the
Iowa
7
administrative
bulletin
that
includes
a
statement
by
the
8
secretary
of
agriculture
of
the
department
of
agriculture
and
9
land
stewardship
certifying
that
the
United
States
department
10
of
agriculture
has
approved
the
amendment
or
provision.
The
11
department
of
agriculture
and
land
stewardship
shall
forward
a
12
copy
of
the
statement
to
the
Code
editor
prior
to
publication.
13
3.
This
section
does
not
affect
the
implementation
of
14
provisions
amended
or
enacted
in
2019
Iowa
Acts,
chapter
130.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
BACKGROUND
——
GENERAL.
This
bill
amends
a
number
of
19
provisions
enacted
in
2019
Iowa
Acts,
chapter
130
(Iowa’s
2019
20
Act).
Division
I
of
that
Act
creates
Code
chapter
204,
the
21
“Iowa
Hemp
Act”
(IHA)
(see
Code
section
204.1),
authorizing
the
22
production
of
a
certain
type
of
cannabis
(sativa
L.).
Division
23
II
of
that
Act
includes
a
number
of
coordinating
provisions,
24
including
amendments
that
remove
hemp
from
the
list
of
schedule
25
I
controlled
substances
(see
Code
chapters
124
and
453B).
26
BACKGROUND
——
JURISDICTION
OF
THE
UNITED
STATES
DEPARTMENT
27
OF
AGRICULTURE.
Iowa’s
2019
Act
was
enacted
after
the
28
enactment
of
the
federal
Agriculture
Improvement
Act
of
2018,
29
commonly
known
as
the
2018
farm
bill,
including
provisions
30
allowing
the
production
of
hemp
(7
U.S.C.
§1639o
et
seq.).
The
31
IHA
refers
to
these
provisions
as
the
“federal
hemp
law”
(Code
32
section
204.2).
The
federal
hemp
law
allows
states
and
tribes
33
to
assume
primary
regulatory
authority
over
the
production
of
34
hemp
by
submitting
a
plan
for
approval
by
the
United
States
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department
of
agriculture
(USDA).
The
IHA
assigns
principal
1
regulatory
authority
over
hemp
production
to
the
department
2
of
agriculture
and
land
stewardship
(DALS),
which
must
act
in
3
cooperation
with
the
department
of
public
safety
(DPS).
The
4
USDA
has
published
its
interim
rules
to
implement
the
federal
5
hemp
law
(7
C.F.R.
pt.
990).
The
USDA
has
neither
approved
nor
6
disapproved
Iowa’s
state
plan.
7
BACKGROUND
——
JURISDICTION
OF
THE
UNITED
STATES
FOOD
AND
8
DRUG
ADMINISTRATION.
By
its
own
terms,
the
federal
hemp
9
law
does
not
affect
or
modify
the
federal
Food,
Drug,
and
10
Cosmetic
Act
(FDCA)
(21
U.S.C.
§301
et
seq.),
and
therefore
the
11
authority
of
the
United
States
food
and
drug
administration
12
(FDA)
to
regulate
human
and
animal
foods
and
additives,
dietary
13
supplements,
human
and
veterinary
drugs,
and
cosmetics
is
14
preserved
(see
7
U.S.C.
§1639r).
15
BACKGROUND
——
IMPLEMENTATION
AND
EFFECTIVE
DATES.
The
16
provisions
of
Iowa’s
2019
Act
that
enacted
the
IHA
took
effect
17
May
13,
2019,
but
will
be
implemented
only
if
the
USDA
approves
18
Iowa’s
state
plan.
The
implementation
date
is
the
publication
19
date
of
the
edition
of
the
Iowa
administrative
bulletin
20
(IAB)
that
includes
a
statement
by
DALS
certifying
approval
21
(2019
Iowa
Acts,
chapter
130,
section
18).
The
coordinating
22
amendments
will
take
effect
on
the
IAB’s
publication
date
and
23
are
therefore
contingent
on
the
IHA’s
implementation
(2019
Iowa
24
Acts,
chapter
130,
section
33).
25
DIVISION
I
——
PRINCIPAL
PROVISIONS.
The
IHA
follows
the
26
federal
hemp
law
by
defining
hemp
as
a
species
of
cannabis
27
(e.g.,
sativa
L.)
having
a
maximum
concentration
of
delta-9
28
tetrahydrocannabinol
(THC)
not
exceeding
three-tenths
of
1
29
percent
as
calculated
on
a
dry
weight
basis.
The
bill
modifies
30
the
testing
methodology
in
accordance
with
the
USDA
interim
31
regulations.
The
bill
requires
testing
that
calculates
a
value
32
produced
from
a
process
referred
to
as
decarboxylation
that
33
determines
the
“total”
potential
delta-9
tetrahydrocannabinol
34
which
equals
the
sum
of
the
THC
and
a
related
compound,
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tetrahydrocannabinolic
acid
(THC-A),
reported
on
a
dry
weight
1
basis
(Code
sections
204.2
and
204.8).
2
DIVISION
I
——
REGULATION
OF
HEMP
PRODUCTS.
The
IHA
defines
3
a
hemp
product
as
derived
from
or
made
by
processing
hemp
or
4
parts
of
hemp.
Generally,
the
IHA
allows
a
person
to
engage
5
in
the
retail
sale
of
a
hemp
product
so
long
as
the
hemp
was
6
produced
in
this
state
or
another
state
in
compliance
with
the
7
federal
hemp
law
(Code
section
204.7(9)).
The
bill
provides
8
that
the
sale
of
a
hemp
product
is
authorized
if
allowed
by
the
9
FDCA
or
other
applicable
federal
law.
10
DIVISION
I
——
SPECIAL
REGULATIONS
APPLICABLE
TO
CONSUMABLE
11
HEMP
PRODUCTS.
The
bill
amends
the
IHA
by
defining
a
12
consumable
hemp
product
as
a
hemp
product
that
may
be
13
introduced
into
a
human
or
animal
body
either
directly
or
14
via
a
device
(e.g.,
a
skin
patch,
pipe,
cigarette,
cigar,
or
15
cigarillo)
(Code
section
204.2).
The
bill
prohibits
a
person
16
from
processing
or
otherwise
manufacturing,
transporting,
17
delivering,
marketing,
selling,
distributing,
possessing,
18
or
using
a
consumable
hemp
product.
A
person
violating
19
the
prohibition
is
guilty
of
a
serious
misdemeanor.
This
20
prohibition
does
not
apply
to
the
extent
that
the
FDCA
or
other
21
applicable
federal
law
authorizes
or
recognizes
the
processing,
22
manufacture,
transportation,
delivery,
marketing,
sale,
23
distribution,
possession,
or
use
of
a
consumable
hemp
product
24
for
its
intended
use
by
a
method
for
introduction
into
the
body
25
of
a
human
or
animal.
The
bill
also
requires
a
person
who
sells
26
a
consumable
hemp
product
on
a
retail
basis
as
authorized
by
27
the
FDCA
to
notify
retail
purchasers
of
the
consumable
hemp
28
product’s
intended
use.
The
notice
must
be
posted
in
a
manner
29
and
format
required
by
rules
adopted
by
DALS.
30
DIVISION
I
——
WRONGFULLY
IDENTIFYING
HEMP.
The
bill
31
amends
Code
section
718.6
to
prohibit
a
person
from
knowingly
32
identifying
a
controlled
substance
as
hemp
or
a
hemp
product
to
33
a
law
enforcement
officer.
Generally,
the
person
who
commits
34
the
offense
is
guilty
of
a
simple
misdemeanor.
However,
that
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person
commits
a
serious
misdemeanor
if
the
criminal
offense
1
relating
to
the
controlled
substance
for
which
the
person
may
2
be
charged
is
punishable
as
a
serious
or
aggravated
misdemeanor
3
or
a
felony.
4
DIVISION
II
——
COORDINATING
PROVISIONS.
The
bill
makes
5
changes
to
provisions
in
division
II
of
the
2019
Iowa
Act.
6
Specifically,
it
includes
provisions
that
account
for
the
IHA’s
7
new
method
of
testing
hemp
based
on
the
total
sum
of
THC
and
8
THC-A
compounds.
It
also
provides
for
the
disposal
of
a
crop
9
according
to
an
order
issued
by
DALS.
10
APPLICABLE
CIVIL
PENALTIES.
A
person
who
violates
a
11
provision
of
the
IHA
is
subject
to
a
civil
penalty
of
not
12
less
than
$500
and
not
more
than
$2,000
with
each
day
of
a
13
continuing
offense
considered
as
a
separate
offense
(Code
14
section
204.12).
DALS
or
the
attorney
general
may
seek
15
injunctive
relief
by
petitioning
a
court
(Code
section
204.13).
16
CRIMINAL
PENALTIES.
A
simple
misdemeanor
is
punishable
by
17
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
18
but
not
more
than
$625
or
by
both.
A
serious
misdemeanor
is
19
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
20
of
at
least
$315
but
not
more
than
$1,875.
21
DIVISION
III
——
CONTINGENT
EFFECTIVE
DATE.
The
bill
takes
22
effect
on
the
implementation
date
of
Code
chapter
204,
unless
23
DALS,
acting
in
coordination
with
DPS,
determines
that
the
24
provisions
must
be
submitted
to
the
USDA
for
approval.
In
that
25
case,
the
provisions
take
effect
when
DALS
publishes
a
notice
26
of
the
USDA’s
approval
in
the
IAB.
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