Bill Text: IA HSB187 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act providing for the regulation of hemp, including by creating an affirmative defense in cases of criminal prosecution, and making penalties applicable.(See HF 548.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-02-16 - Committee report approving bill, renumbered as HF 548. [HSB187 Detail]

Download: Iowa-2021-HSB187-Introduced.html
House Study Bill 187 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act providing for the regulation of hemp, including by 1 creating an affirmative defense in cases of criminal 2 prosecution, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1347XD (8) 89 da/ns
S.F. _____ H.F. _____ Section 1. Section 124.204, subsection 7, Code 2021, is 1 amended to read as follows: 2 7. Exclusions. Schedule I does not consist of the plant 3 cannabis if it is any of the following: 4 a. Hemp as defined in section 204.2 that is or was produced 5 in this state, or was produced in another state, in accordance 6 with the provisions of chapter 204 with a maximum delta-9 7 tetrahydrocannabinol concentration that does not exceed 8 three-tenths of one percent on a dry weight basis . 9 b. A hemp product as provided in chapter 204 with a maximum 10 delta-9 tetrahydrocannabinol concentration that does not exceed 11 three-tenths of one percent on a dry weight basis defined in 12 section 204.2 . 13 Sec. 2. Section 124.401, subsection 6, unnumbered paragraph 14 1, Code 2021, is amended to read as follows: 15 Notwithstanding any other provision in this section to 16 the contrary, and subject to section 124.401G, a person may 17 produce, possess, use, harvest, handle, manufacture, market, 18 transport, deliver, or distribute any of the following: 19 Sec. 3. Section 124.401G, Code 2021, is amended to read as 20 follows: 21 124.401G Iowa hemp Act —— negligent violation program 22 compliance —— affirmative defenses . 23 1. Notwithstanding any provision of this chapter to the 24 contrary, a person shall not be guilty of an offense under 25 this chapter , including under section 124.401 or 124.410 , for 26 if the person proves by a preponderance of the evidence an 27 affirmative defense of compliance with chapter 204 as provided 28 in an applicable subsection of this section. 29 2. It is an affirmative defense to a prosecution 30 for producing, possessing, using, harvesting, handling, 31 manufacturing, marketing, transporting, delivering, or 32 distributing the plant cannabis that the person complied with 33 section 204.7, subsection 5 or 6. 34 3. It is an affirmative defense to a prosecution 35 -1- LSB 1347XD (8) 89 da/ns 1/ 6
S.F. _____ H.F. _____ for producing, possessing, using, harvesting, handling , 1 manufacturing, marketing, transporting, delivering, or 2 distributing the plant cannabis pursuant to the results of a 3 test conducted pursuant to section 204.8 , if that all of the 4 following apply: 5 1. a. The person holds a valid hemp license issued is a 6 licensee under the negligent violation program administered by 7 the department of agriculture and land stewardship as provided 8 in chapter 204 section 204.15 . 9 2. b. The plant is or was produced on the licensee’s crop 10 site as provided in chapter 204 . 11 3. c. The offense arises out of a test of a sample of 12 plants that are part of a crop produced on the licensee’s crop 13 site and the test indicates that the sample does not qualify 14 as hemp under section 204.8 and does not exceed a maximum 15 concentration of two percent delta-9 tetrahydrocannabinol on a 16 dry weight basis. 17 4. d. The licensee is participating in or has successfully 18 completed the negligent violation program that applies to the 19 licensee’s crop site described in subsection 3 if such program 20 is established by the department of agriculture and land 21 stewardship pursuant to section 204.15 paragraph “c” . 22 4. a. It is an affirmative defense to a prosecution for 23 possessing, using, handling, manufacturing, selling, marketing, 24 transporting, delivering, or distributing an item derived from 25 or made by processing the plant cannabis that the product meets 26 the definition of a hemp product as defined in section 204.2. 27 b. It is an affirmative defense to a prosecution for 28 manufacturing, selling, or consuming a consumable hemp product 29 as defined in section 204.2 that the consumable hemp product 30 was manufactured, sold, or consumed in compliance with section 31 204.7, subsection 8. 32 Sec. 4. Section 453B.5, Code 2021, is amended to read as 33 follows: 34 453B.5 Defense or immunity. 35 -2- LSB 1347XD (8) 89 da/ns 2/ 6
S.F. _____ H.F. _____ This Except as provided in section 453B.18, this chapter 1 does not provide in any manner a defense or affirmative defense 2 to or immunity for a dealer from criminal prosecution pursuant 3 to Iowa law. 4 Sec. 5. Section 453B.18, Code 2021, is amended by striking 5 the section and inserting in lieu thereof the following: 6 453B.18 Iowa hemp Act —— affirmative defense. 7 1. Notwithstanding any provision of this chapter to the 8 contrary, a person shall not be guilty of an offense under 9 this chapter if the person proves by a preponderance of the 10 evidence an affirmative defense of compliance with chapter 204 11 as provided in an applicable subsection of this section. 12 2. It is an affirmative defense to a prosecution for 13 manufacturing, producing, acquiring, purchasing, possessing, 14 distributing, or offering for sale the plant cannabis that the 15 person complied with section 204.7, subsection 5 or 6. 16 3. It is an affirmative defense to a prosecution for 17 producing, possessing, using, harvesting, handling, or 18 distributing the plant cannabis pursuant to the results of 19 a test conducted pursuant to section 204.8 that all of the 20 following apply: 21 a. The person is a licensee under the negligent violation 22 program administered by the department of agriculture and land 23 stewardship as provided in section 204.15. 24 b. The plant is or was produced on the licensee’s crop site 25 as provided in chapter 204. 26 c. The offense arises out of a test of a sample of plants 27 that are part of a crop produced on the licensee’s crop site 28 and the test indicates that the sample does not qualify as hemp 29 under section 204.8 and does not exceed a maximum concentration 30 of two percent delta-9 tetrahydrocannabinol on a dry weight 31 basis. 32 d. The licensee is participating in or has successfully 33 completed the negligent violation program that applies to the 34 licensee’s crop site described in paragraph “c” . 35 -3- LSB 1347XD (8) 89 da/ns 3/ 6
S.F. _____ H.F. _____ 4. a. It is an affirmative defense to a prosecution for 1 manufacturing, producing, acquiring, purchasing, possessing, 2 distributing, or offering for sale an item derived from or made 3 by processing the plant cannabis that the product meets the 4 definition of a hemp product as defined in section 204.2. 5 b. It is an affirmative defense to a prosecution for 6 manufacturing, selling, or consuming a consumable hemp product 7 as defined in section 204.2 that the consumable hemp product 8 was manufactured, sold, or consumed in compliance with section 9 204.7, subsection 8. 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 GENERAL. This bill relates to criminal offenses involving 14 hemp, which is a type of cannabis (sativa L.) plant that 15 meets the legal threshold of having a maximum delta-9 16 tetrahydrocannabinol (THC) concentration of not more than 17 three-tenths of one percent. Specifically, the bill provides 18 an affirmative defense may be pled and proven by a person 19 accused of committing the criminal offense, based on the 20 defendant’s compliance with certain requirements associated 21 with the legal production of hemp as provided in the Iowa 22 hemp Act (IHA) codified in Code chapter 204. This includes 23 having obtained a number of documents including a license to 24 produce hemp (Code section 204.4), a certificate of analysis 25 testing the hemp’s THC concentration, a temporary harvest and 26 transportation permit, and a bill of lading when transporting 27 hemp (Code section 204.7(5)). A person other than a licensee 28 may also plead and prove an affirmative defense if the person 29 is authorized to be on the licensee’s crop site by the licensee 30 (Code section 204.7(6)). For certain prosecutions, the 31 affirmative defense must include participation in the negligent 32 violation program in which a qualified person required to be 33 licensed by the department of agriculture and land stewardship 34 (DALS) is not subject to criminal liability by complying with a 35 -4- LSB 1347XD (8) 89 da/ns 4/ 6
S.F. _____ H.F. _____ corrective plan approved by DALS (Code section 204.15). The 1 licensee cannot participate in the program if the results of 2 a test of the licensee’s crop exceeds 2 percent THC. The 3 affirmative defense may also be pled and proven for a criminal 4 offense involving an item derived from or made by processing 5 the plant cannabis. In that case it must be proven that the 6 item qualifies as a hemp product, meaning that it meets the 7 minimum legal threshold (Code section 204.2(11)). If the hemp 8 product is a consumable hemp product, an additional burden 9 is placed on the defendant to plead and prove that the item 10 was manufactured in this state, it derives from hemp, was 11 produced in compliance with Code chapter 204, it complies with 12 packaging and labeling requirements adopted by the department 13 of inspections and appeals, and the manufacturer is registered 14 with the department of inspections and appeals (Code section 15 204.7(8)). The affirmative defense applies to prosecutions 16 brought under Code chapter 124 regulating controlled substances 17 and Code chapter 453B imposing an excise tax on the unlawful 18 possession and dealing of certain substances. 19 BACKGROUND —— IOWA HEMP ACT. DALS administers and 20 enforces the IHA in cooperation with the department of public 21 safety (Code section 204.3). Regulation of hemp products is 22 administered and enforced by the department of inspections and 23 appeals (Code section 204.7). The original law included a 24 number of coordinating provisions, including amendments that 25 removed hemp from the list of schedule I controlled substances 26 (Code chapter 124) and eliminated the associated excise tax 27 imposed on controlled substances (Code chapter 453B). The 28 law was amended last year, which in part changed compliance 29 requirements (2020 Iowa Acts, chapters 1065 and 1121). 30 CRIMINAL PENALTIES. A number of criminal penalties apply to 31 a criminal conviction involving cannabis, including possession, 32 manufacture, and distribution. These include a serious and 33 aggravated misdemeanor (Code sections 124.401 and 124.410) and 34 class “D”, class “C”, and class “B” felonies (Code sections 35 -5- LSB 1347XD (8) 89 da/ns 5/ 6
S.F. _____ H.F. _____ 124.401, 124.410, and 453B.12). A serious misdemeanor is 1 punishable by confinement for no more than one year and a fine 2 of at least $430 but not more than $2,560. An aggravated 3 misdemeanor is punishable by confinement for no more than two 4 years and a fine of at least $855 but not more than $8,540. A 5 class “D” felony is punishable by confinement for no more than 6 five years and a fine of at least $1,025 but not more than 7 $10,245. A class “C” felony is punishable by confinement for 8 no more than 10 years and a fine of at least $1,370 but not 9 more than $13,660. And a class “B” felony is punishable by 10 confinement for no more than 25 years. 11 -6- LSB 1347XD (8) 89 da/ns 6/ 6
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