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
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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
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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.
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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”
.
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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
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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
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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.
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