Bill Text: IA SSB3159 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for the regulation of hemp and hemp products, providing penalties, and making penalties applicable.(See SF 2352.)
Spectrum: Committee Bill
Status: (Introduced) 2024-02-13 - Committee report approving bill, renumbered as SF 2352. [SSB3159 Detail]
Download: Iowa-2023-SSB3159-Introduced.html
Senate
Study
Bill
3159
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
providing
for
the
regulation
of
hemp
and
hemp
products,
1
providing
penalties,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
H.F.
_____
DIVISION
I
1
IOWA
HEMP
ACT
2
Section
1.
Section
204.2,
Code
2024,
is
amended
by
adding
3
the
following
new
subsections:
4
NEW
SUBSECTION
.
01.
“Advertise”
means
to
present
a
5
commercial
message
in
any
medium,
including
but
not
limited
6
to
print,
radio,
television,
sign,
display,
label,
tag,
or
7
articulation.
8
NEW
SUBSECTION
.
6A.
“Distribute”
means
to
transfer
9
possession.
10
NEW
SUBSECTION
.
15A.
“Registrant”
means
a
person
who
is
11
registered
with
the
department
of
health
and
human
services
12
pursuant
to
section
204.7.
13
Sec.
2.
Section
204.2,
subsection
2,
paragraph
c,
Code
2024,
14
is
amended
to
read
as
follows:
15
c.
A
hemp
product
is
deemed
to
be
a
consumable
hemp
product
16
if
it
is
any
of
the
following
all
of
the
following
apply
:
17
(1)
It
is
any
of
the
following:
18
(a)
Designed
by
the
processor,
including
the
manufacturer,
19
to
be
introduced
into
the
human
body.
20
(2)
(b)
Advertised
as
an
item
to
be
introduced
into
the
21
human
body.
22
(3)
(c)
Distributed,
exported,
or
imported
,
offered
for
23
sale
,
or
distribution
sold
to
be
introduced
into
the
human
24
body.
25
(2)
Its
maximum
tetrahydrocannabinol
concentration
is
less
26
than
or
equal
to
the
maximum
tetrahydrocannabinol
concentration
27
allowed
under
section
124.204,
subsection
7.
28
Sec.
3.
Section
204.2,
subsection
14,
Code
2024,
is
amended
29
by
striking
the
subsection.
30
Sec.
4.
Section
204.4,
subsection
10,
paragraph
b,
Code
31
2024,
is
amended
to
read
as
follows:
32
b.
A
third
violation
of
a
provision
of
this
chapter
in
33
a
five-year
period.
The
department
shall
disapprove
any
34
application
of
a
person
for
a
five-year
period
following
the
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date
of
the
person’s
last
violation
in
the
same
manner
as
1
provided
in
section
204.15
.
2
Sec.
5.
Section
204.7,
subsection
4,
Code
2024,
is
amended
3
to
read
as
follows:
4
4.
The
department
shall
adopt
rules
regulating
the
5
production
of
hemp,
including
but
not
limited
to
inspection
6
and
testing
requirements
under
section
204.8
or
204.9
,
and
the
7
issuance
of
a
temporary
harvest
and
transportation
permit
or
8
certificate
of
analysis
under
section
204.8
.
The
department
9
shall
adopt
rules
as
necessary
to
administer
the
negligent
10
violation
program.
The
department
may
adopt
other
rules
as
11
necessary
or
desirable
to
administer
and
enforce
the
provisions
12
of
this
chapter
relating
to
hemp
or
hemp
products.
13
Sec.
6.
Section
204.7,
subsection
8,
paragraph
a,
14
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
15
(3)
The
consumable
hemp
product
complies
with
packaging
16
and
labeling
requirements,
which
shall
be
established
by
rules
17
adopted
by
the
department
of
health
and
human
services
by
rule
.
18
Sec.
7.
Section
204.7,
subsection
8,
paragraph
a,
Code
2024,
19
is
amended
by
adding
the
following
new
subparagraphs:
20
NEW
SUBPARAGRAPH
.
(4)
The
consumable
hemp
product
complies
21
with
restrictions
upon
the
sale
or
other
distribution
of
a
22
consumable
hemp
product
established
by
rules
adopted
by
the
23
department
of
health
and
human
services.
24
NEW
SUBPARAGRAPH
.
(5)
The
consumable
hemp
product
meets
25
requirements
for
total
delta-9
tetrahydrocannabinol
potency
on
26
a
per
serving
and
per
container
basis,
as
set
forth
by
rules
27
adopted
by
the
department
of
health
and
human
services.
28
Sec.
8.
Section
204.7,
subsection
8,
Code
2024,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
0b.
(1)
A
person
is
engaged
in
the
retail
31
sale
of
a
consumable
hemp
product,
if
any
of
the
following
32
apply:
33
(a)
The
person
offers
to
distribute
a
consumable
hemp
34
product
to
a
consumer
in
exchange
for
consideration.
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(b)
The
person
is
an
owner
of
a
business
that
distributes
1
consumable
hemp
products
to
consumers
in
exchange
for
2
consideration.
3
(c)
The
person
is
a
business
that
distributes
consumable
4
hemp
products
to
consumers
in
exchange
for
consideration
and
5
presents
a
consumable
hemp
product
to
a
consumer
in
the
form
6
of
a
gift.
7
(2)
A
person,
including
a
business,
is
engaged
in
the
sale
8
of
a
consumable
hemp
product
regardless
of
whether
the
person
9
is
registered
with
the
department
of
health
and
human
services
10
as
provided
in
this
section.
11
Sec.
9.
Section
204.11,
subsection
3,
Code
2024,
is
amended
12
to
read
as
follows:
13
3.
The
suspension
or
revocation
of
a
hemp
license
is
in
14
addition
to
an
order
of
disposal
under
section
204.10
;
the
15
imposition
of
a
civil
penalty
under
section
204.12
,
subject
16
to
the
provisions
of
section
204.15
;
or
the
imposition
of
any
17
other
civil
or
criminal
penalty
authorized
under
state
law.
18
Sec.
10.
Section
204.12,
Code
2024,
is
amended
to
read
as
19
follows:
20
204.12
Civil
penalties
——
general
.
21
1.
A
Unless
another
civil
penalty
is
otherwise
provided
in
22
this
chapter,
a
person
who
violates
a
provision
of
this
chapter
23
is
subject
to
a
civil
penalty
of
not
less
than
five
hundred
24
dollars
and
not
more
than
two
thousand
five
hundred
dollars.
25
The
department
shall
impose,
assess,
and
collect
the
civil
26
penalty.
Each
day
that
a
continuing
violation
occurs
may
be
27
considered
a
separate
offense.
28
2.
Notwithstanding
subsection
1
,
a
civil
penalty
shall
not
29
be
imposed,
assessed,
or
collected
against
a
licensee
who
is
30
participating
in
or
has
successfully
completed
the
negligent
31
violation
program
pursuant
to
section
204.15
.
32
3.
2.
All
civil
penalties
collected
under
this
section
33
shall
be
deposited
into
the
general
fund
of
the
state.
34
Sec.
11.
Section
204.14A,
Code
2024,
is
amended
by
adding
35
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the
following
new
subsection:
1
NEW
SUBSECTION
.
1A.
A
rebuttable
presumption
exists
that
a
2
raw
or
dried
flower
form
of
a
hemp
product
is
a
consumable
hemp
3
product
intended
for
introduction
into
the
body
of
a
human
by
4
a
method
of
inhalation.
5
Sec.
12.
NEW
SECTION
.
204.14B
Sale
of
consumable
hemp
6
product
——
failure
to
register
——
civil
penalty.
7
1.
A
person
engaged
in
the
retail
sale
of
a
consumable
8
hemp
product
in
this
state
without
being
registered
with
the
9
department
of
health
and
human
services
as
required
in
section
10
204.7
shall
be
subject
to
a
civil
penalty
of
not
more
than
ten
11
thousand
dollars.
The
department
of
health
and
human
services
12
shall
impose,
assess,
and
collect
the
civil
penalty.
Each
day
13
that
a
continuing
violation
occurs
may
be
considered
a
separate
14
offense.
15
2.
All
civil
penalties
collected
under
this
section
shall
be
16
deposited
into
the
general
fund
of
the
state.
17
3.
A
person
in
violation
of
this
section
is
not
also
subject
18
to
a
civil
penalty
as
provided
in
section
204.12.
19
Sec.
13.
NEW
SECTION
.
204.14C
Sale
of
consumable
hemp
20
product
——
failure
to
register
——
criminal
penalty.
21
1.
a.
A
person
engaged
in
the
retail
sale
of
a
consumable
22
hemp
product
who
is
not
registered
with
the
department
of
23
health
and
human
services
as
required
in
section
204.7
commits
24
a
serious
misdemeanor.
25
b.
A
person
engaged
in
the
retail
sale
of
an
item
advertised
26
as
a
consumable
hemp
product
that
is
not
a
consumable
hemp
27
product
commits
a
serious
misdemeanor.
28
2.
This
section
shall
be
presumed
not
to
be
in
conflict
with
29
or
limit
a
prosecution
for
a
violation
of
any
other
provision
30
of
law,
including
but
not
limited
to
chapter
124
or
21
U.S.C.
31
ch.
13.
32
Sec.
14.
NEW
SECTION
.
204.14D
Persons
under
legal
age
——
33
criminal
offense.
34
1.
A
person
shall
not
sell,
give,
or
otherwise
distribute
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a
consumable
hemp
product
to
a
person
under
twenty-one
years
1
of
age.
2
2.
A
person
who
violates
subsection
1
is
guilty
of
a
simple
3
misdemeanor.
4
Sec.
15.
NEW
SECTION
.
204.14E
Persons
under
legal
age
——
5
scheduled
violation
and
community
service.
6
1.
A
person
under
twenty-one
years
of
age
shall
not
consume,
7
possess,
purchase,
or
attempt
to
purchase
a
consumable
hemp
8
product.
9
2.
A
person
who
violates
subsection
1
shall
be
subject
to
a
10
scheduled
violation
in
the
form
of
a
civil
penalty
pursuant
to
11
section
805.8C,
subsection
3,
paragraph
“d”
.
12
3.
In
addition
to
the
imposition
of
a
civil
penalty
as
13
provided
in
subsection
2,
a
person
who
violates
subsection
1
14
shall
be
subject
to
a
court
appearance
as
provided
in
section
15
805.10.
The
court
shall
sentence
the
person
to
perform
a
16
specified
number
of
hours
of
unpaid
community
service
as
deemed
17
appropriate
by
the
court
subject
to
the
following:
18
a.
For
a
first
violation,
eight
hours,
unless
waived
by
the
19
court.
20
b.
For
a
second
offense,
twelve
hours.
21
c.
For
a
third
or
subsequent
offense,
sixteen
hours.
22
4.
A
person
who
violates
this
section
is
not
subject
to
a
23
civil
penalty
as
provided
in
section
204.12.
24
5.
A
person
does
not
violate
subsection
1
by
possessing
25
a
consumable
hemp
product
if
the
person
is
employed
by
a
26
registrant
and
the
person
is
possessing
the
consumable
hemp
27
product
as
part
of
their
employment.
28
Sec.
16.
NEW
SECTION
.
204.14F
Persons
under
legal
age
——
29
exception
——
cooperation
with
department
of
public
safety
or
30
local
law
enforcement
agency.
31
1.
a.
A
person
who
would
otherwise
act
to
commit
an
offense
32
under
section
204.14D
is
not
guilty
of
that
offense
if
the
33
person
acts
under
the
direction
or
consent
of
the
department
34
of
public
safety
or
a
local
law
enforcement
agency
as
part
of
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an
enforcement
investigation.
1
b.
A
person
who
would
otherwise
act
to
commit
a
violation
2
under
section
204.14E
is
not
subject
to
that
offense
if
the
3
person
acts
under
the
direction
or
consent
of
the
department
4
of
public
safety
or
a
local
law
enforcement
agency
as
part
of
5
an
enforcement
investigation.
6
2.
In
enforcing
this
section,
the
department
of
public
7
safety
or
a
local
law
enforcement
agency
shall
take
all
8
measures
necessary
to
ensure
that
a
consumable
hemp
product
9
is
not
introduced
into
the
body
of
a
person
under
the
age
of
10
twenty-one.
11
3.
Notwithstanding
chapter
22,
any
personal
information
12
identifying
the
person
committing
an
offense
or
violation
as
13
described
in
this
section
shall
be
confidential.
14
Sec.
17.
NEW
SECTION
.
204.15A
Hemp
products
——
order
of
15
confiscation
and
disposal.
16
1.
The
department
of
health
and
human
services
may
order
the
17
confiscation
and
disposal
of
a
hemp
product
based
on
any
of
the
18
following:
19
a.
It
is
falsely
advertised,
sold,
or
distributed
as
a
20
consumable
hemp
product.
21
b.
It
exceeds
the
maximum
tetrahydrocannabinol
concentration
22
allowed
under
section
124.204,
subsection
7,
or
this
chapter.
23
c.
It
is
a
consumable
hemp
product
manufactured,
sold,
24
or
distributed
by
a
person
who
is
not
registered
with
the
25
department
of
health
and
human
services
as
is
required
in
26
section
204.7.
27
2.
The
department
of
health
and
human
services
shall
act
28
in
consultation
with
the
department
of
public
safety.
The
29
department
of
health
and
human
services
may
request
assistance
30
from
the
department
of
public
safety
or
a
local
law
enforcement
31
agency
as
necessary
to
carry
out
the
provisions
of
this
32
section.
The
department
of
health
and
human
services,
upon
33
request,
shall
deliver
any
sample
of
the
item
to
the
department
34
of
public
safety
or
a
local
law
enforcement
agency.
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3.
A
person
required
to
be
registered
with
the
department
of
1
health
and
human
services
as
provided
in
section
204.7
shall
2
pay
the
department
of
health
and
human
services
all
actual
3
and
reasonable
costs
of
the
destruction
of
the
item.
If
that
4
department
assumes
any
amount
of
the
costs,
it
may
charge
that
5
amount
to
the
person.
6
Sec.
18.
Section
805.8C,
subsection
3,
Code
2024,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
d.
(1)
For
violations
of
section
204.14E,
9
the
scheduled
fine
is
as
follows:
10
(a)
If
the
violation
is
a
first
offense,
the
scheduled
fine
11
is
seventy
dollars.
12
(b)
If
the
violation
is
a
second
offense,
the
scheduled
fine
13
is
one
hundred
thirty-five
dollars.
14
(c)
If
the
violation
is
a
third
or
subsequent
offense,
the
15
scheduled
fine
is
three
hundred
twenty-five
dollars.
16
(2)
The
fine
shall
be
imposed
as
a
civil
penalty.
17
(3)
The
crime
services
surcharge
under
section
911.1
shall
18
not
be
added
to
the
penalty,
and
the
court
costs
pursuant
to
19
section
805.9,
subsection
6,
shall
not
be
imposed.
20
(4)
Notwithstanding
section
602.8106
or
any
other
21
provision
to
the
contrary,
any
civil
penalty
paid
under
this
22
subsection
shall
be
retained
by
the
city
or
county
enforcing
23
the
violation.
24
Sec.
19.
Section
805.10,
subsection
1,
Code
2024,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
e.
When
a
violation
charged
involves
the
27
consumption,
possession,
purchase,
or
attempt
to
purchase
of
28
a
consumable
hemp
product
as
provided
in
section
204.14E,
for
29
which
there
is
a
community
service
sentence.
30
Sec.
20.
REPEAL.
Sections
124.401G,
204.15,
and
453B.18,
31
Code
2024,
are
repealed.
32
DIVISION
II
33
REGULATION
OF
ALCOHOLIC
BEVERAGES
34
Sec.
21.
Section
123.49,
subsection
2,
Code
2024,
is
amended
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by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
l.
Sell,
give,
or
otherwise
supply
any
2
alcoholic
beverage
containing
tetrahydrocannabinol
as
described
3
in
chapter
124,
including
any
isomers,
derivatives,
or
analogs
4
of
tetrahydrocannabinol,
whether
naturally
occurring
or
5
synthesized,
to
any
person
on
the
licensed
premises.
6
Sec.
22.
NEW
SECTION
.
123.49A
Restriction
on
alcoholic
7
beverages
containing
tetrahydrocannabinol.
8
A
holder
of
a
license,
permit,
or
certificate
of
compliance
9
issued
by
the
department
under
this
chapter
shall
not
10
manufacture,
import,
or
sell
at
wholesale
in
this
state
an
11
alcoholic
beverage
containing
tetrahydrocannabinol
as
described
12
in
chapter
124,
including
any
isomers,
derivatives,
or
analogs
13
of
tetrahydrocannabinol,
whether
naturally
occurring
or
14
synthesized.
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.
This
bill
amends
Code
chapter
204,
the
19
“Iowa
Hemp
Act”
(IHA)
(Code
section
204.1),
authorizing
20
the
production
of
a
certain
type
of
cannabis
(sativa
L.)
21
and
the
sale
of
products
processed
from
hemp
(Code
section
22
204.7).
Hemp
is
defined
as
composed
of
a
species
of
cannabis
23
(sativa
L.)
having
a
maximum
concentration
of
delta-9
24
tetrahydrocannabinol
(THC)
that
does
not
exceed
three-tenths
25
of
1
percent
on
a
dry
weight
basis
(Code
section
204.2).
26
The
IHA
removed
hemp
from
the
list
of
schedule
I
controlled
27
substances
and
the
excise
tax
imposed
on
the
sale
of
controlled
28
substances
(see
Code
chapters
124
and
453B).
The
applicable
29
criminal
penalty
for
an
offense
under
those
Code
chapters
30
ranges
from
imprisonment
for
not
more
than
six
months
or
a
31
fine
of
not
more
than
$1,000
to
50
years
imprisonment
and
a
32
fine
of
not
more
than
$1
million
(see
Code
sections
124.401
33
and
453B.12).
In
order
for
cannabis
to
be
classified
as
hemp
34
and
not
a
controlled
substance,
a
person
must
comply
with
IHA
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requirements.
The
IHA
in
turn
must
satisfy
certification
1
requirements
adopted
by
the
United
States
department
of
2
agriculture
(USDA)
under
the
federal
Agriculture
Improvement
3
Act
of
2018
(federal
hemp
law)
(Pub.
L.
No.
115-334),
which
4
allows
states
and
tribes
to
assume
primary
regulatory
5
authority
over
its
production,
including
harvest,
storage,
6
and
distribution.
The
IHA
and
the
USDA
has
designated
Iowa’s
7
department
of
agriculture
and
land
stewardship
(DALS)
as
8
primarily
responsible
for
regulating
hemp
production
in
9
cooperation
with
the
department
of
public
safety
(DPS).
10
The
IHA
defines
a
hemp
product
as
derived
from
or
made
by
11
processing
hemp
or
parts
of
hemp.
Generally,
the
IHA
allows
a
12
person
to
engage
in
the
retail
sale
of
a
hemp
product
so
long
13
as
the
hemp
was
produced
in
this
state
or
another
state
in
14
compliance
with
the
federal
hemp
law
(Code
section
204.7).
By
15
its
own
terms,
the
federal
hemp
law
is
not
construed
to
affect
16
or
modify
certain
federal
law,
including
the
federal
Food,
17
Drug,
and
Cosmetic
Act
(21
U.S.C.
§301
et
seq.).
Generally,
18
the
United
States
food
and
drug
administration
(FDA)
regulates
19
human
foods
and
additives,
dietary
supplements,
drugs,
and
20
cosmetics
(see
7
U.S.C.
§1639r),
but
the
FDA
has
not
adopted
21
a
comprehensive
regulatory
framework.
In
the
meantime,
22
the
IHA
recognizes
a
consumable
hemp
product
(CHP)
that
is
23
metabolized
when
introduced
into
the
human
body,
including
by
24
ingestion
or
absorption
but
excluding
inhalation
(Code
sections
25
204.2
and
204.14A).
In
this
case,
the
IHA
requires
a
person
26
manufacturing
or
selling
a
CHP
to
register
with
the
department
27
of
health
and
human
services
(HHS)
(Code
section
204.7
and
641
28
IAC
ch.
156).
HHS’s
regulations
include
packaging
and
labeling
29
requirements.
A
person
violating
the
IHA
is
subject
to
a
30
civil
penalty
of
not
less
than
$500
and
not
more
than
$2,000
31
(Code
section
204.12).
DALS
may
impose,
assess,
and
collect
32
the
civil
penalty
(Code
section
204.12).
DALS
in
cooperation
33
with
DPS
or
a
local
law
enforcement
agency
(county
sheriff
or
34
municipal
police
department)
may
also
confiscate
and
destroy
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illegally
produced
hemp.
DALS
or
the
attorney
general
may
seek
1
injunctive
relief
in
order
to
restrain
a
person
violating
the
2
Code
chapter
by
petitioning
the
district
court
(Code
section
3
204.13).
The
injunction
could
address
either
hemp
or
a
hemp
4
product.
5
BILL’S
PROVISIONS
——
CONSUMABLE
HEMP
PRODUCTS
(THC
POTENCY).
6
The
bill
authorizes
HHS
to
adopt
rules
regulating
the
sale
of
7
consumable
hemp
products.
The
bill
also
authorizes
HHS
to
8
adopt
rules
setting
forth
the
THC
potency
of
consumable
hemp
9
products
on
a
per
serving
and
per
container
basis
(amended
Code
10
section
204.7).
11
BILL’S
PROVISIONS
——
CONSUMABLE
HEMP
PRODUCTS
(PRESUMPTION
12
OF
GUILT
FOR
INHALATION
OFFENSE).
The
bill
creates
a
13
rebuttable
presumption
that
a
raw
or
dried
flower
form
of
14
a
hemp
product
is
a
consumable
hemp
product
intended
for
15
inhalation
(amended
Code
section
204.14A)
for
purposes
of
16
the
criminal
offense.
A
person
who
violates
the
provision
17
is
guilty
of
a
serious
misdemeanor,
which
is
punishable
by
18
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
19
$430
but
not
more
than
$2,560
(Code
section
204.14A).
20
BILL’S
PROVISIONS
——
CONSUMABLE
HEMP
PRODUCTS
(CRIMINAL
AND
21
CIVIL
PENALTY
FOR
FAILURE
TO
REGISTER).
The
bill
provides
22
that
a
person
engaged
in
the
retail
sale
of
a
CHP
who
is
not
23
registered
with
HHS
commits
both
a
serious
misdemeanor
and
24
is
subject
to
a
civil
penalty
assessed
as
an
administrative
25
remedy
(new
Code
sections
204.14B
and
204.14C).
The
civil
26
penalty
cannot
exceed
$10,000,
with
each
day
of
a
violation
27
constituting
a
separate
offense.
28
BILL’S
PROVISIONS
——
CONSUMABLE
HEMP
PRODUCTS
(SALE
TO
29
MINORS
——
CRIMINAL
PENALTY
AND
SCHEDULED
VIOLATION).
The
bill
30
provides
that
a
person
who
sells
or
otherwise
distributes
31
a
CHP
to
a
person
under
the
age
of
21
is
guilty
of
a
simple
32
misdemeanor
(new
Code
section
204.14D).
A
simple
misdemeanor
33
is
punishable
by
confinement
for
no
more
than
30
days
and
a
34
fine
of
at
least
$105
but
not
more
than
$855.
The
bill
also
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provides
that
a
person
under
the
age
of
21
is
prohibited
from
1
possessing
or
purchasing
a
CHP
(new
Code
section
204.14E).
The
2
penalty
is
a
scheduled
violation.
The
first
offense
is
subject
3
to
a
scheduled
fine
of
$75,
the
second
offense
is
subject
to
4
a
scheduled
fine
of
$135,
and
the
third
and
each
subsequent
5
offense
is
subject
to
a
scheduled
fine
of
$325.
Each
fine
is
6
a
civil
penalty
(amended
Code
section
805.8C).
In
addition,
7
the
person
subject
to
the
violation
may
also
be
sentenced
to
8
perform
a
number
of
hours
of
community
service;
ranging
from
9
8
to
16
hours
depending
upon
the
number
of
previous
offenses
10
committed.
The
bill
provides
an
exception
for
an
offense
11
committed
by
a
person
under
the
age
of
21
acting
in
cooperation
12
with
the
DPS
or
a
local
law
enforcement
agency
(new
Code
13
section
204.14F).
14
BILL’S
PROVISIONS
——
CONSUMABLE
HEMP
PRODUCTS
(CONFISCATION
15
AND
DISPOSAL).
The
bill
authorizes
HHS
to
order
the
16
confiscation
and
disposal
of
a
hemp
product
under
three
17
circumstances:
it
is
falsely
advertised,
sold,
or
distributed
18
as
a
consumable
hemp
product;
it
exceeds
the
maximum
THC
limit;
19
or
it
is
a
consumable
hemp
product
manufactured,
sold,
or
20
distributed
by
a
person
who
is
not
registered
as
required
(Code
21
section
204.7).
The
person
may
be
assessed
costs
associated
22
with
the
order
(Code
section
204.15A).
23
BILL’S
PROVISIONS
——
CONSUMABLE
HEMP
PRODUCTS
(REGULATION
24
OF
ALCOHOLIC
BEVERAGES).
The
bill
regulates
persons
engaged
25
in
the
business
of
selling
alcoholic
beverages
(wine,
beer,
or
26
spirits)
in
this
state,
including
under
a
license,
permit,
or
27
certificate
issued
by
the
department
of
revenue
(Code
chapter
28
123).
The
bill
prohibits
such
a
person
from
manufacturing,
29
selling,
giving,
importing,
or
otherwise
supplying
any
30
alcoholic
beverage
containing
tetrahydrocannabinol.
By
31
operation
of
law,
a
person
violating
these
provisions
is
32
subject
to
criminal
penalties
set
forth
under
Code
sections
33
123.90
and
123.91.
34
BILL’S
PROVISIONS
——
ELIMINATION
OF
THE
NEGLIGENT
VIOLATION
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PROGRAM.
The
IHA
provides
for
a
negligent
violation
program
1
(NVP)
as
set
forth
in
the
federal
hemp
law.
The
NVP
applies
to
2
a
qualifying
person
issued
a
license
by
DALS
to
produce
hemp
3
but
who
unintentionally
violates
the
provisions
of
the
IHA.
4
The
NVP
allows
a
participating
licensee
to
avoid
a
criminal
5
offense
or
civil
violation
for
producing,
possessing,
using,
6
harvesting,
handling,
or
distributing
the
plant
cannabis.
7
However,
a
person
does
not
qualify
for
the
program
if
the
8
person
produced
hemp
with
a
THC
concentration
of
more
than
2
9
percent
(repealed
Code
section
204.15).
The
bill
eliminates
10
the
program.
The
bill
also
eliminates
certain
provisions
that
11
shielded
from
prosecution
a
producer
who
produced
cannabis
12
in
violation
of
the
IHA
but
who
is
participating
in
or
has
13
successfully
participated
in
the
NVP,
including
Code
chapter
14
124
regulating
controlled
substances
and
Code
chapter
453B
15
providing
for
the
excise
tax
on
controlled
substances
(repealed
16
Code
sections
124.401G
and
453B.18).
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