Bill Text: IA HF2581 | 2019-2020 | 88th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
House
File
2581
-
Introduced
HOUSE
FILE
2581
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
646)
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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Section
1.
Section
124.506,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
According
to
an
order
for
the
disposal
3
of
a
crop
that
does
not
qualify
as
hemp
as
provided
in
section
4
204.10.
5
Sec.
2.
Section
204.2,
Code
2020,
is
amended
by
adding
the
6
following
new
subsections:
7
NEW
SUBSECTION
.
01.
“Certificate
of
analysis”
means
proof
8
that
a
crop
produced
on
a
licensee’s
crop
site
qualifies
as
9
hemp
as
provided
in
section
204.8.
10
NEW
SUBSECTION
.
001.
“Consumable
hemp
product”
means
a
11
hemp
product
that
includes
a
substance
that
is
metabolized
12
or
is
otherwise
subject
to
a
biotransformative
process
when
13
introduced
into
a
human
or
animal
body.
14
a.
A
consumable
hemp
product
may
be
introduced
into
a
15
human
or
animal
body
by
ingestion
or
absorption
by
any
device
16
including
but
not
limited
to
an
electronic
device.
17
b.
A
consumable
hemp
product
may
exist
in
a
solid
or
liquid
18
state.
19
c.
A
hemp
product
is
deemed
to
be
a
consumable
hemp
product
20
if
it
is
any
of
the
following:
21
(1)
Designed
by
the
processor,
including
the
manufacturer,
22
to
be
introduced
into
a
human
or
animal
body.
23
(2)
Advertised
as
an
item
to
be
introduced
into
a
human
or
24
animal
body.
25
(3)
Distributed,
exported,
or
imported
for
sale
or
26
distribution
to
be
introduced
into
a
human
or
animal
body.
27
d.
“Consumable
hemp
product”
includes
but
is
not
limited
to
28
any
of
the
following:
29
(1)
A
noncombustible
form
of
hemp
that
may
be
digested,
30
such
as
food;
internally
absorbed,
such
as
chew
or
snuff;
or
31
absorbed
through
the
skin,
such
as
a
topical
application.
32
(2)
Hemp
processed
or
otherwise
manufactured,
marketed,
33
sold,
or
distributed
as
human
or
animal
food,
a
human
or
animal
34
food
additive,
a
human
or
animal
dietary
supplement,
or
a
human
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or
animal
drug.
1
e.
“Consumable
hemp
product”
does
not
include
a
hemp
product
2
if
the
intended
use
of
the
hemp
product
is
introduction
into
3
the
body
of
a
human
or
animal
by
any
method
of
inhalation,
as
4
prohibited
under
section
204.14A.
5
NEW
SUBSECTION
.
4A.
“Federal
Food,
Drug,
and
Cosmetic
Act”
6
means
the
Act
so
entitled
as
codified
in
21
U.S.C.
§301
et
7
seq.,
including
regulations
adopted
pursuant
to
that
Act
by
the
8
United
States
food
and
drug
administration
under
the
Code
of
9
Federal
Regulations,
Title
21.
10
NEW
SUBSECTION
.
13.
“Temporary
harvest
and
transportation
11
permit”
means
a
document
allowing
the
harvesting
of
a
crop
12
produced
on
a
licensee’s
crop
site
and
the
temporary
movement
13
of
that
crop
subject
to
limitations
provided
in
section
204.8.
14
Sec.
3.
Section
204.3,
subsection
4,
Code
2020,
is
amended
15
to
read
as
follows:
16
4.
The
department
may
provide
for
the
receipt,
filing,
17
processing,
and
return
of
documents
described
in
this
chapter
18
in
an
electronic
format,
including
but
not
limited
to
the
19
transmission
of
documents
by
the
internet.
The
department
20
shall
provide
for
the
authentication
of
official
forms
in
an
21
electronic
format
that
may
include
electronic
signatures
as
22
provided
in
chapter
554D
.
An
official
form
in
an
electronic
23
format
shall
have
the
same
validity
and
is
discoverable
and
24
admissible
in
evidence
if
given
under
penalty
of
perjury
in
the
25
same
manner
as
an
original
printed
form.
The
department
shall
26
provide
for
the
issuance
of
certificates
of
crop
inspection
27
analysis
in
an
electronic
format
as
provided
in
section
204.8
.
28
Sec.
4.
Section
204.7,
subsection
4,
Code
2020,
is
amended
29
to
read
as
follows:
30
4.
The
department
shall
adopt
rules
regulating
the
31
production
of
hemp,
including
but
not
limited
to
inspection
32
and
testing
requirements
under
section
204.8
or
204.9
,
and
the
33
issuance
of
a
temporary
harvest
and
transportation
permit
or
34
certificate
of
crop
inspection
analysis
under
section
204.8
.
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The
department
shall
adopt
rules
as
necessary
to
administer
the
1
negligent
violation
program.
The
department
may
adopt
other
2
rules
as
necessary
or
desirable
to
administer
and
enforce
the
3
provisions
of
this
chapter
relating
to
hemp
or
hemp
products.
4
Sec.
5.
Section
204.7,
subsection
5,
Code
2020,
is
amended
5
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
6
following:
7
5.
a.
A
person
is
not
subject
to
a
criminal
offense
8
involving
hemp
as
otherwise
prohibited
in
chapter
124
or
453B,
9
if
all
of
the
following
apply:
10
(1)
If
the
person
is
a
licensee,
the
person
carries
the
11
person’s
hemp
license
when
possessing
hemp.
12
(2)
The
person
carries
a
certificate
of
analysis,
or
a
13
temporary
harvest
and
transportation
permit,
if
the
person
is
14
in
possession
of
harvested
hemp.
If
the
person
is
transporting
15
harvested
hemp
into
or
through
this
state,
the
person
must
16
carry
a
certificate
of
analysis
or
an
equivalent
document
17
issued
to
the
person
by
the
state
of
the
hemp’s
origin.
18
(3)
The
person
carries
a
certificate
of
analysis,
if
the
19
person
is
delivering
hemp
seed
for
planting.
20
(4)
The
person
carries
a
bill
of
lading
under
all
of
the
21
following
circumstances:
22
(a)
The
person
is
in
possession
of
hemp
in
transit
to
23
transfer
ownership.
24
(b)
The
person
is
delivering
hemp
seed
for
planting
and
the
25
seed
is
not
of
the
licensee’s
own
production.
26
(c)
A
person
brings
hemp
produced
in
another
state
into
or
27
through
this
state.
28
b.
For
purposes
of
paragraph
“a”
,
a
criminal
offense
29
involving
hemp
includes
but
is
not
limited
to
production,
use,
30
harvest,
transportation,
delivery,
distribution,
or
sale.
31
Sec.
6.
Section
204.7,
subsection
6,
Code
2020,
is
amended
32
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
33
following:
34
6.
A
person
other
than
a
licensee
is
not
subject
to
a
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criminal
offense
involving
hemp
as
described
in
subsection
5
if
1
the
person
is
authorized
to
be
on
the
licensee’s
crop
site
by
2
the
licensee.
3
Sec.
7.
Section
204.7,
subsections
7
and
8,
Code
2020,
are
4
amended
by
striking
the
subsections.
5
Sec.
8.
Section
204.7,
subsection
9,
paragraph
a,
Code
2020,
6
is
amended
to
read
as
follows:
7
a.
A
Except
as
provided
in
subsection
10,
and
section
8
204.14A,
a
person
may
engage
in
the
retail
sale
of
a
hemp
9
product
if
the
hemp
was
produced
in
this
state
or
another
state
10
in
compliance
with
the
federal
hemp
law
or
other
applicable
11
federal
law.
A
person
may
engage
in
the
retail
sale
of
a
hemp
12
product
if
the
hemp
was
produced
in
another
jurisdiction
in
13
compliance
with
applicable
federal
law
and
the
laws
of
the
14
other
jurisdiction,
if
such
law
is
substantially
the
same
as
15
applicable
federal
law.
16
Sec.
9.
Section
204.7,
subsection
9,
paragraph
b,
Code
2020,
17
is
amended
by
striking
the
paragraph.
18
Sec.
10.
Section
204.7,
Code
2020,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
10.
a.
Except
as
provided
in
paragraph
21
“e”
,
a
consumable
hemp
product
shall
not
be
manufactured,
22
sold,
or
consumed
in
this
state
unless
all
of
the
following
23
conditions
are
met:
24
(1)
The
consumable
hemp
product
is
manufactured
in
this
25
state
in
compliance
with
this
chapter.
26
(2)
The
hemp
contained
in
the
consumable
hemp
product
was
27
produced
exclusively
in
this
state
in
compliance
with
this
28
chapter.
29
(3)
The
consumable
hemp
product
complies
with
packaging
30
and
labeling
requirements,
which
shall
be
established
by
the
31
department
of
inspections
and
appeals
by
rule.
32
b.
A
person
manufacturing
a
consumable
hemp
product
in
this
33
state
shall
register
with
the
department
on
a
form
prescribed
34
by
the
department
by
rule.
The
department
may
impose
a
fee,
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established
by
the
department
by
rule,
on
a
registrant
not
to
1
exceed
the
cost
of
processing
the
registration.
The
department
2
shall
adopt
rules
for
the
revocation
of
a
registration
issued
3
to
a
manufacturer
who
manufactures
a
consumable
hemp
product
4
not
in
compliance
with
this
chapter.
5
c.
A
person
selling
a
consumable
hemp
product
in
this
6
state
shall
register
with
the
department
of
inspections
and
7
appeals
on
a
form
prescribed
by
the
department
of
inspections
8
and
appeals
by
rule
and
shall
keep
on
the
premises
of
the
9
person’s
business
a
copy
of
the
certificate
of
crop
inspection
10
issued
pursuant
to
section
204.8
for
the
hemp
contained
in
the
11
consumable
hemp
products
sold
by
the
person.
The
department
of
12
inspections
and
appeals
may
impose
a
fee,
established
by
the
13
department
of
inspections
and
appeals
by
rule,
on
a
registrant
14
not
to
exceed
the
cost
of
processing
the
registration.
The
15
department
of
inspections
and
appeals
shall
adopt
rules
for
the
16
revocation
of
a
registration
issued
to
a
person
who
sells
a
17
consumable
hemp
product
not
in
compliance
with
this
section.
18
d.
Except
as
otherwise
provided
in
this
subsection,
19
a
political
subdivision
of
the
state
shall
not
adopt
any
20
ordinance,
rule,
or
regulation
regarding
the
manufacture,
sale,
21
or
consumption
of
a
consumable
hemp
product.
22
e.
A
consumable
hemp
product
manufactured
in
another
23
state
pursuant
to
a
state
plan
approved
by
the
United
24
States
secretary
of
agriculture
may
be
imported
for
use
by
a
25
consumer
or
sale
by
a
retailer
to
a
consumer
if
the
state
has
26
substantially
similar
testing
requirements
as
those
provided
27
in
section
204.8.
28
f.
A
consumable
hemp
product
manufactured,
sold,
or
29
consumed
in
compliance
with
this
subsection
is
not
a
controlled
30
substance
under
chapter
124
or
453B
regardless
of
whether
the
31
consumable
hemp
product
has
been
approved
by
the
United
States
32
food
and
drug
administration.
33
Sec.
11.
Section
204.8,
subsection
1,
paragraph
d,
Code
34
2020,
is
amended
to
read
as
follows:
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d.
A
licensee
shall
not
harvest
any
portion
of
a
crop
1
produced
at
the
licensee’s
crop
site
unless
the
department
has
2
obtained
a
sample
of
plants
to
conduct
a
test
as
provided
in
3
this
section
and
has
issued
the
licensee
a
temporary
harvest
4
and
transportation
permit
or
certificate
of
crop
inspection
5
analysis
.
The
department
may
adopt
rules
that
it
determines
6
necessary
or
desirable
to
administer
and
enforce
the
terms
and
7
conditions
of
a
permit.
The
department
shall
have
unrestricted
8
access
to
a
crop
site
subject
to
a
permit.
A
licensee
subject
9
to
a
permit
shall
receive
permission
from
the
department
prior
10
to
moving
the
hemp,
shall
not
commingle
the
hemp,
and
shall
not
11
transfer
the
hemp
to
another
person.
12
e.
The
department
shall
issue
a
verified
copy
of
the
13
temporary
harvest
and
transportation
permit
or
certificate
of
14
analysis
to
any
other
person
upon
request
of
the
licensee.
The
15
permit
or
certificate
shall
be
published
by
the
department
as
16
an
official
form.
17
f.
To
the
extent
allowed
by
the
federal
hemp
law,
the
18
certificate
of
analysis
shall
be
proof
that
the
harvested
crop
19
described
on
the
form
qualifies
as
hemp
pursuant
to
the
results
20
of
an
official
test.
21
g.
A
temporary
harvest
and
transportation
permit
expires
22
when
the
department
issues
the
licensee
a
certificate
of
23
analysis.
A
permit
or
certificate
of
analysis
terminates
upon
24
the
issuance
of
an
order
of
disposal
of
the
licensee’s
crop
25
as
provided
in
section
204.10
or
upon
the
revocation
of
the
26
licensee’s
hemp
license
as
provided
in
section
204.11.
27
Sec.
12.
Section
204.8,
subsection
3,
Code
2020,
is
amended
28
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
29
following:
30
3.
The
official
test
shall
be
a
composite
test
of
the
31
plants
obtained
by
the
department
from
a
licensee’s
crop
32
site
during
the
annual
inspection
and
shall
be
conducted
by
33
a
laboratory
designated
by
the
department.
The
sample
must
34
have
an
acceptable
delta-9
tetrahydrocannabinol
concentration,
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resulting
from
a
post
decarboxylation
analysis,
that
does
not
1
exceed
three-tenths
of
one
percent
on
a
dry
weight
basis.
2
a.
The
laboratory
shall
report
delta-9
tetrahydrocannabinol
3
concentration
on
a
dry
weight
basis
that
accounts
for
a
4
measurement
uncertainty
associated
with
the
result
of
a
5
measurement.
The
measurement
uncertainty
shall
characterize
6
the
dispersion
of
the
values
that
could
be
reasonably
7
attributed
to
the
particular
quantity
subject
to
measurement.
8
The
acceptable
delta-9
tetrahydrocannabinol
concentration
9
occurs
when
the
application
of
the
measurement
uncertainty
to
10
the
reported
delta-9
tetrahydrocannabinol
concentration
on
a
11
dry
weight
basis
produces
a
distribution
or
range
that
includes
12
three-tenths
of
one
percent
or
less.
13
b.
The
post
decarboxylation
value
is
the
result
14
of
an
analysis
determined
after
the
process
of
15
decarboxylation
that
determines
the
total
potential
16
delta-9
tetrahydrocannabinol
content
derived
from
the
sum
of
17
the
delta-9
tetrahydrocannabinol
concentration
and
delta-9
18
tetrahydrocannabinolic
acid
content
and
reported
on
a
dry
19
weight
basis.
The
post
decarboxylation
value
may
be
determined
20
by
using
a
chromatographic
technique
using
heat
and
gas
21
chromatography,
through
which
the
tetrahydrocannabinolic
22
acid
content
is
converted
from
its
acid
form
to
its
neutral
23
form.
The
post
decarboxylation
value
may
also
be
calculated
24
by
using
a
high-performance
liquid
chromatograph
technique,
25
which
keeps
the
tetrahydrocannabinolic
acid
intact
and
requires
26
a
conversion
calculation
of
that
tetrahydrocannabinolic
acid
27
to
determine
the
total
potential
delta-9
tetrahydrocannabinol
28
content
in
a
given
sample.
29
Sec.
13.
Section
204.9,
subsection
2,
paragraph
b,
Code
30
2020,
is
amended
to
read
as
follows:
31
b.
The
department
of
public
safety
or
a
local
law
32
enforcement
agency
may
obtain
a
sample
of
plants
that
are
part
33
of
the
crop
and
provide
for
a
test
of
that
sample
as
provided
in
34
section
204.8
.
The
department
of
public
safety
or
a
local
law
35
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enforcement
agency
shall
not
impose,
assess,
or
collect
a
fee
1
for
conducting
an
inspection
or
test
under
this
section
.
2
Sec.
14.
Section
204.10,
subsection
1,
Code
2020,
is
amended
3
to
read
as
follows:
4
1.
If
a
crop
that
is
produced
at
a
licensee’s
crop
site
does
5
not
qualify
as
hemp
according
to
an
official
test
conducted
6
pursuant
to
section
204.8
,
but
has
a
maximum
concentration
7
not
in
excess
of
two
percent
delta-9
tetrahydrocannabinol
on
8
a
dry
weight
basis,
the
department,
in
consultation
with
the
9
department
of
public
safety,
shall
order
the
disposal
of
the
10
crop
by
destruction
at
the
site
or
if
necessary
require
the
11
crop
to
be
removed
to
another
location
for
destruction.
12
Sec.
15.
Section
204.14,
subsections
2
and
3,
Code
2020,
are
13
amended
to
read
as
follows:
14
2.
a.
The
Except
as
provided
in
paragraph
“b”
,
the
person
15
is
required
to
hold
a
certificate
of
crop
inspection
under
16
section
204.8
analysis
to
possess,
handle,
use,
manufacture,
17
market,
transport,
deliver,
or
distribute
hemp
that
has
been
18
harvested
under
this
chapter
.
19
b.
The
person
holds
a
temporary
harvest
and
transportation
20
permit
to
process,
handle,
or
transport
hemp.
21
3.
The
person
knowingly
or
intentionally
does
any
of
the
22
following:
23
a.
Falsifies
the
temporary
harvest
and
transportation
permit
24
or
certificate
of
crop
inspection
analysis
.
25
b.
Acquires
the
temporary
harvest
and
transportation
permit
26
or
certificate
of
crop
inspection
analysis
that
the
person
27
knows
has
been
falsified.
28
Sec.
16.
NEW
SECTION
.
204.14A
Criminal
offense
——
29
inhalation.
30
1.
A
person
shall
not
possess,
use,
manufacture,
market,
31
transport,
deliver,
or
distribute
harvested
hemp
or
a
hemp
32
product
if
the
intended
use
of
the
harvested
hemp
or
hemp
33
product
is
introduction
into
the
body
of
a
human
or
animal
by
34
any
method
of
inhalation,
including
any
of
the
following:
35
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a.
Smoke
produced
from
combustion.
1
b.
A
type
of
article
that
uses
a
heating
element,
power
2
source,
electronic
circuit,
or
other
electronic,
chemical,
or
3
mechanical
process.
4
c.
A
device,
including
but
not
limited
to
a
cigarette,
5
cigar,
cigarillo,
or
pipe,
regardless
of
whether
such
device
6
produces
smoke
or
vapor.
7
2.
A
person
who
violates
subsection
1
is
guilty
of
a
serious
8
misdemeanor.
9
3.
This
section
does
not
apply
to
the
extent
that
federal
10
law,
including
the
federal
Food,
Drug,
and
Cosmetic
Act,
11
authorizes
as
its
intended
use
the
introduction
of
harvested
12
hemp
or
a
hemp
product
into
the
body
of
a
human
or
animal
by
a
13
method
of
inhalation.
14
Sec.
17.
Section
204.17,
subsection
2,
paragraph
c,
Code
15
2020,
is
amended
to
read
as
follows:
16
c.
Local
law
relating
to
product
development,
product
17
manufacturing,
consumer
safety,
or
public
health
so
long
as
the
18
local
law
is
consistent
with
federal
and
state
law
,
except
as
19
provided
in
section
204.7,
subsection
10
.
20
Sec.
18.
CONTINGENT
EFFECTIVE
DATE.
21
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
22
on
the
date
that
chapter
204
is
implemented
as
provided
in
2019
23
Iowa
Acts,
chapter
130,
section
18,
subsection
1.
24
2.
a.
If
the
department
of
agriculture
and
land
25
stewardship,
in
cooperation
with
the
department
of
public
26
safety,
determines
that
the
United
States
department
of
27
agriculture
must
approve
any
amendment
to
an
existing
provision
28
or
new
provision
enacted
in
this
Act
as
part
of
a
state
plan
29
pursuant
to
section
204.3,
the
secretary
of
agriculture
shall
30
publish
a
notice
of
that
fact
in
the
Iowa
administrative
31
bulletin.
The
department
of
agriculture
and
land
stewardship
32
shall
forward
a
copy
of
the
statement
to
the
Code
editor
prior
33
to
publication.
34
b.
If
a
determination
is
made
as
provided
in
paragraph
35
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“a”,
the
amendment
or
new
provision
enacted
in
this
Act
takes
1
effect
on
the
publication
date
of
the
edition
of
the
Iowa
2
administrative
bulletin
that
includes
a
statement
by
the
3
secretary
of
agriculture
of
the
department
of
agriculture
and
4
land
stewardship
certifying
that
the
United
States
department
5
of
agriculture
has
approved
the
amendment
or
provision.
The
6
department
of
agriculture
and
land
stewardship
shall
forward
a
7
copy
of
the
statement
to
the
Code
editor
prior
to
publication.
8
3.
This
section
does
not
affect
the
implementation
of
9
provisions
amended
or
enacted
in
2019
Iowa
Acts,
chapter
130.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
BACKGROUND
——
GENERAL.
This
bill
amends
a
number
of
14
provisions
enacted
in
2019
Iowa
Acts,
chapter
130
(Iowa’s
2019
15
Act).
Division
I
of
that
Act
creates
Code
chapter
204,
the
16
“Iowa
Hemp
Act”
(IHA)
(see
Code
section
204.1),
authorizing
the
17
production
of
a
certain
type
of
cannabis
(sativa
L.).
Division
18
II
of
that
Act
includes
a
number
of
coordinating
provisions,
19
including
amendments
that
remove
hemp
from
the
list
of
schedule
20
I
controlled
substances
(see
Code
chapters
124
and
453B).
21
BACKGROUND
——
JURISDICTION
OF
THE
UNITED
STATES
DEPARTMENT
22
OF
AGRICULTURE.
Iowa’s
2019
Act
was
enacted
after
the
23
enactment
of
the
federal
Agriculture
Improvement
Act
of
2018,
24
commonly
known
as
the
2018
farm
bill,
including
provisions
25
allowing
the
production
of
hemp
(7
U.S.C.
§1639o
et
seq.).
The
26
IHA
refers
to
these
provisions
as
the
“federal
hemp
law”
(Code
27
section
204.2).
The
federal
hemp
law
allows
states
and
tribes
28
to
assume
primary
regulatory
authority
over
the
production
of
29
hemp
by
submitting
a
plan
for
approval
by
the
United
States
30
department
of
agriculture
(USDA).
The
IHA
assigns
principal
31
regulatory
authority
over
hemp
production
to
the
department
32
of
agriculture
and
land
stewardship
(DALS),
which
must
act
in
33
cooperation
with
the
department
of
public
safety
(DPS)
(Code
34
section
204.3).
The
USDA
has
published
its
interim
rules
to
35
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implement
the
federal
hemp
law
(7
C.F.R.
pt.
990).
The
USDA
1
has
neither
approved
nor
disapproved
Iowa’s
state
plan.
2
BACKGROUND
——
FEDERAL
FOOD,
DRUG,
AND
COSMETIC
ACT.
By
3
its
own
terms,
the
federal
hemp
law
is
not
to
be
construed
to
4
affect
or
modify
certain
federal
laws,
including
the
federal
5
Food,
Drug,
and
Cosmetic
Act
(FDCA)
(21
U.S.C.
§301
et
seq.).
6
Generally,
the
United
States
food
and
drug
administration
7
regulates
human
and
animal
foods
and
additives,
dietary
8
supplements,
human
and
veterinary
drugs,
and
cosmetics
(see
7
9
U.S.C.
§1639r).
10
BACKGROUND
——
REGULATION
OF
HEMP
PRODUCTS.
The
IHA
defines
11
a
hemp
product
as
derived
from
or
made
by
processing
hemp
or
12
parts
of
hemp.
Generally,
the
IHA
allows
a
person
to
engage
13
in
the
retail
sale
of
a
hemp
product
so
long
as
the
hemp
was
14
produced
in
this
state
or
another
state
in
compliance
with
the
15
federal
hemp
law
(Code
section
204.7(9)).
16
BACKGROUND
——
IMPLEMENTATION
AND
EFFECTIVE
DATES.
The
17
provisions
of
Iowa’s
2019
Act
that
enacted
the
IHA
took
effect
18
May
13,
2019,
but
will
be
implemented
only
if
the
USDA
approves
19
Iowa’s
state
plan.
The
implementation
date
is
the
publication
20
date
of
the
edition
of
the
Iowa
administrative
bulletin
21
(IAB)
that
includes
a
statement
by
DALS
certifying
approval
22
(2019
Iowa
Acts,
chapter
130,
section
18).
The
coordinating
23
amendments
will
take
effect
on
the
IAB’s
publication
date
and
24
are
therefore
contingent
on
the
IHA’s
implementation
(2019
Iowa
25
Acts,
chapter
130,
section
33).
26
DISPOSAL.
The
bill
provides
for
the
disposal
of
a
crop
that
27
does
not
qualify
as
hemp
according
to
an
order
issued
by
DALS
28
in
consultation
with
DPS.
29
TESTING.
The
IHA
follows
the
federal
hemp
law
by
defining
30
hemp
as
a
species
of
cannabis
(e.g.,
sativa
L.)
having
a
31
maximum
concentration
of
delta-9
tetrahydrocannabinol
(THC)
32
not
exceeding
three-tenths
of
1
percent
as
calculated
on
a
dry
33
weight
basis.
The
bill
modifies
the
testing
requirements
by
34
requiring
a
designated
laboratory
to
determine
whether
the
35
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sample
has
an
acceptable
THC
concentration,
resulting
from
a
1
post
decarboxylation
analysis.
The
laboratory
must
report
a
2
concentration
that
accounts
for
a
measurement
of
uncertainty
3
associated
with
the
result.
It
must
also
account
for
a
4
post
decarboxylation
value
that
is
the
result
of
an
analysis
5
determined
after
the
process
of
decarboxylation
that
determines
6
the
total
potential
delta-9
tetrahydrocannabinol
content
7
derived
from
the
sum
of
the
delta-9
tetrahydrocannabinol
8
concentration
and
delta-9
tetrahydrocannabinolic
acid
content
9
and
reported
on
a
dry
weight.
10
DOCUMENTATION.
The
bill
provides
that
a
person
is
not
11
exempt
from
applicable
criminal
offenses
unless
the
person
12
carries
the
required
documentation
which
includes
a
license,
a
13
certificate
of
analysis
formally
referred
to
as
a
certificate
14
of
crop
inspection
(certificate),
or
a
temporary
harvest
and
15
transportation
permit
(permit).
The
permit
is
issued
on
a
16
temporary
basis
until
DALS
issues
the
licensee
a
certificate
17
and
allows
the
movement
of
hemp
subject
to
a
number
of
18
restrictions.
A
person
transporting
hemp
may
also
be
required
19
to
carry
a
bill
of
lading.
20
CONSUMABLE
HEMP
PRODUCTS.
The
bill
eliminates
a
provision
21
that
allows
a
derivative
of
hemp
to
be
added
to
cosmetics,
22
personal
care
products,
and
products
intended
for
human
or
23
animal
consumption,
unless
otherwise
provided
by
federal
law.
24
The
bill
provides
for
the
manufacture,
sale,
and
consumption
25
of
consumable
hemp
products
in
this
state.
The
bill
defines
26
“consumable
hemp
product”
as
a
hemp
product
that
includes
a
27
substance
that
is
metabolized
or
is
otherwise
subject
to
a
28
biotransformative
process
when
introduced
into
a
human
or
29
animal
body.
A
consumable
hemp
product
does
not
include
a
hemp
30
product
if
its
intended
use
is
by
inhalation.
31
The
bill
allows
a
person
to
manufacture,
sell,
or
consume
a
32
consumable
hemp
product
only
if
the
consumable
hemp
product
is
33
manufactured
in
Iowa
in
compliance
with
Code
chapter
204,
the
34
hemp
in
the
consumable
hemp
product
was
produced
exclusively
in
35
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Iowa
in
compliance
with
Code
chapter
204,
and
the
consumable
1
hemp
product
complies
with
packaging
and
labeling
requirements
2
established
by
the
department
of
inspections
and
appeals
by
3
rule.
The
bill
also
allows
a
consumable
hemp
product
to
be
4
imported
for
use
by
a
consumer
if
the
state
from
which
the
5
consumable
hemp
product
is
being
imported
has
a
state
hemp
plan
6
approved
by
the
United
States
secretary
of
agriculture
and
7
testing
requirements
substantially
similar
to
those
of
this
8
state.
9
The
bill
requires
a
person
manufacturing
consumable
hemp
10
products
to
register
with
DALS,
which
may
impose
a
fee
to
11
recoup
the
cost
of
registration.
A
person
selling
consumable
12
hemp
products
must
register
with
the
department
of
inspections
13
of
appeals,
which
may
also
impose
a
fee
to
recoup
the
cost
of
14
registration.
15
The
bill
prohibits
political
subdivisions
of
the
state
16
from
adopting
any
ordinance,
rule,
or
regulation
regarding
17
the
manufacture,
sale,
or
consumption
of
a
consumable
hemp
18
product,
and
exempts
consumable
hemp
products
that
comply
with
19
the
provisions
of
the
bill
from
classification
as
a
controlled
20
substance.
21
INHALATION.
This
bill
prohibits
a
person
from
possessing,
22
using,
manufacturing,
marketing,
transporting,
delivering,
or
23
distributing
harvested
hemp
or
a
hemp
product
if
the
intended
24
use
of
the
harvested
hemp
or
hemp
product
is
introduction
into
25
the
body
of
a
human
or
animal
by
any
method
of
inhalation
26
(e.g.,
cigarette,
cigar,
cigarillo,
or
pipe).
The
prohibition
27
does
not
apply
to
the
extent
that
federal
law,
including
the
28
FDCA,
authorizes
as
its
intended
use
the
introduction
of
29
harvested
hemp
or
a
hemp
product
by
a
method
of
inhalation.
30
PENALTIES.
The
bill
provides
that
a
person
who
violates
31
the
bill’s
provisions
prohibiting
the
use
of
hemp
products
32
for
inhalation
is
guilty
of
a
serious
misdemeanor
which
is
33
punishable
by
confinement
for
no
more
than
one
year
and
a
34
fine
of
at
least
$315
but
not
more
than
$1,875.
A
person
who
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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).
DALS
or
the
attorney
general
may
4
seek
injunctive
relief
by
petitioning
a
court
(Code
section
5
204.13).
6
CONTINGENT
EFFECTIVE
DATE.
The
bill
takes
effect
on
the
7
implementation
date
of
Code
chapter
204,
unless
DALS,
acting
8
in
coordination
with
DPS,
determines
that
the
provisions
must
9
be
submitted
to
the
USDA
for
approval.
In
that
case,
the
10
provisions
take
effect
when
DALS
publishes
a
notice
of
the
11
USDA’s
approval
in
the
IAB.
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