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Amendments › HF 2641

Amendment H-8280 to HF 2641

Relating to agriculture, by providing for the administration of programs and regulations, making appropriations, providing penalties, and including effective date provisions

Adopted · April 10, 2024

Filed April 8, 2024 in the House by

What it changes

  1. Page 8, after line 16 by inserting: “DIVISION ___ HEMP PART A HEMP REGULATIONS Sec. ___. Section 204.2, subsections 1, 4, 5, 10, 12, 14, 15, and 16, Code 2024, are amended by striking the subsections. Sec. ___. Section 204.2, subsection 6, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following:
  2. “Department of health and human services” or “department” means the principal central department established in section 7E.5, subsection 1, paragraph “i” . Sec. ___. Section 204.2, subsection 9, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following:
  3. “Hemp” means the same as defined in section 204A.2. Sec. ___. Section 204.7, subsections 1, 2, 3, 4, 5, 6, and 7, Code 2024, are amended by striking the subsections. Sec. ___. Section 204.8, Code 2024, is amended by striking the section and inserting in lieu thereof the following: 204.8 Hemp —— testing requirements and certificate of analysis. For purposes of this chapter, requirements for testing hemp and the issuance of a certificate of analysis for hemp are governed by chapter 204A. Sec. ___. Section 204.12, subsection 2, Code 2024, is amended by striking the subsection. Sec. ___. Section 204.14, subsections 2 and 3, Code 2024, are amended to read as follows:
  4. a. Except as provided in paragraph “b” , the The person is required to hold a certificate of analysis to possess, handle, use, manufacture, market, transport, deliver, or distribute hemp that has been harvested under this chapter . b. The person is required to hold a temporary harvest and transportation permit to possess, harvest, or move hemp.
  5. The person knowingly or intentionally does any of the following: a. Falsifies the temporary harvest and transportation permit or a certificate of analysis. b. Acquires the temporary harvest and transportation permit or a certificate of analysis that the person knows has been falsified. Sec. ___. Section 204.15, Code 2024, is amended by striking the section and inserting in lieu thereof the following: 204.15 Negligent violation program. A USDA licensee who is participating in or has successfully completed the program for negligent violations as provided in 7 C.F.R. §990.29 shall not be subject to a criminal offense under chapter 124 or 453B for committing an act that otherwise would constitute the offense. Sec. ___. Section 204.17, subsection 1, Code 2024, is amended by striking the subsection. Sec. ___. Section 204.17, subsection 6, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following:
  6. Nothing in this chapter shall be construed or applied to affect a statute or rule which applies to an article under this chapter, if it would apply in the same manner as to other articles subject to the same general regulation in other chapters. Sec. ___. NEW SECTION . 204A.2 Definitions. As used in this chapter, unless the context otherwise requires:
  7. “Acceptable hemp THC level” means the same as defined in 7 C.F.R. §990.1.
  8. “Cannabis” means the same as defined in 7 C.F.R. §990.1.
  9. “Controlled substance” means the same as defined in section 124.101.
  10. “Delta-9 tetrahydrocannabinol” or “THC” means the same as defined in 7 C.F.R. §990.1.
  11. “Department” means the department of agriculture and land stewardship.
  12. “Federal hemp law” means 7 U.S.C. §1639o, 1639q, and 1639r, together with the domestic hemp production program as provided in 7 C.F.R. pt.
  14. “Hemp” means the same as defined in 7 C.F.R. §990.1.
  15. “Local law enforcement agency” means an office of county sheriff or a municipal police department.
  16. “Lot” means the same as defined in 7 C.F.R. §990.1.
  17. “Total THC” means the same as defined in 7 C.F.R. §990.1.
  18. “USDA licensee” means the same as defined in 7 C.F.R. §990.1. Sec. ___. NEW SECTION . 204A.3 Administration —— rules. The department may adopt rules that it deems necessary to administer and enforce this chapter. The rules shall comply with the federal hemp law, or requirements of the United States department of agriculture acting under the federal hemp law. Sec. ___. NEW SECTION . 204A.4 Criminal offenses. A criminal offense involving hemp includes but is not limited to production, use, harvest, transportation, delivery, distribution, or sale of cannabis as a controlled substance except as otherwise provided in this chapter and chapter
  19. Sec. ___. NEW SECTION . 204A.5 Hemp production.
  20. Except to the extent otherwise provided in the federal hemp law, or by the United States department of agriculture acting under the federal hemp law, this chapter does not affect the powers and duties of the state, including the department of public safety or a local law enforcement agency, to investigate or prosecute a person for a violation of a criminal offense, including an act in violation of chapter 124 or 453B.
  21. a. Except to the extent otherwise provided in the federal hemp law, or by the United States department of agriculture acting under the federal hemp law, the department of public safety may require a USDA licensee to submit to the department of public safety any of the following: (1) A notice that the United States department of agriculture’s lot includes cannabis that exceeds the acceptable hemp THC level and a description of the noncompliant plant’s disposal as required in 7 C.F.R. §990.27. (2) A corrective action plan filed with the United States department of agriculture to cure the negligent violation as required in 7 C.F.R. §990.27. (3) A notice of the United States department of agriculture’s license suspension under 7 C.F.R. §990.30 or United States department of agriculture’s license revocation under 7 C.F.R. §990.31. (4) A report or record required to be submitted to the United States department of agriculture as part of participation in the domestic hemp program as provided in 7 C.F.R. §990.32. b. Any data or business information designated as confidential by the United States department of agriculture under this subsection and received by a government body as defined in section 22.1 shall be a confidential record under chapter 22 and subject to any restrictions imposed by the United States department of agriculture. Sec. ___. NEW SECTION . 204A.6 Hemp transportation. Except to the extent otherwise provided in the federal hemp law, including 7 C.F.R. §990.25, or by the United States department of agriculture acting under the federal hemp law, a person transporting hemp seed or harvested hemp in this state, on an intrastate or interstate basis, is subject to all of the following public safety requirements:
  22. If the person is licensed under 7 C.F.R. ch. 990, subpt. B or C, the person must carry a copy of that license.
  23. The person must carry a certificate of analysis.
  24. The person must carry a bill of lading under all of the following circumstances: a. The person is in possession of the hemp in transit to transfer ownership. b. The person is delivering cannabis seed for planting and the seed is not of the licensee’s own production. c. A person brings hemp produced in another state into or through this state. Sec. ___. NEW SECTION . 204A.9 Statutory construction.
  25. Nothing in this chapter shall be construed or applied to be less stringent than required under the federal hemp law.
  26. Nothing in this chapter shall be construed or applied to be in conflict with applicable federal law and related regulations.
  27. Nothing in this chapter shall be construed or applied to infringe upon the ability of the department of public safety or a local law enforcement agency to obtain a search warrant issued by a court, or enter onto any premises in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.
  28. Nothing in this chapter shall be construed or applied to affect a statute or rule which applies to an article under this chapter, if it would apply in the same manner as to other articles subject to the same general regulation in other chapters. Sec. ___. REPEAL. Sections 204.3, 204.4, 204.5, 204.6, 204.9, 204.10, 204.11, 204.13, and 204.16, Code 2024, are repealed. Sec. ___. CODE EDITOR DIRECTIVE.
  29. The Code editor is directed to make the following transfers: a. Section 204.1 to section 204A.1. b. Section 204.14 to section 204A.7. c. Section 204.15 to section 204A.8.
  30. The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section. PART B CORRESPONDING CHANGES Sec. ___. Section 124.201A, subsection 4, Code 2024, is amended to read as follows:
  31. Any cannabis-derived investigational product or cannabis-derived product approved as a prescription drug medication by the United States food and drug administration shall not be considered marijuana or cannabimimetic agents, both as defined in section 124.204 , tetrahydrocannabinols as used in section 124.204, subsection 4 , paragraph “u” , unnumbered paragraph 1, or hemp as defined in section 204.2 204A.2 . Sec. ___. Section 124.204, subsection 7, paragraph a, Code 2024, is amended to read as follows: a. Hemp as defined in section 204.2 204A.2, including hemp that is or was produced in this state, or was produced in another state , in accordance with the provisions of chapter 204 the federal hemp law as defined in chapter 204A, with a maximum delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis. Sec. ___. Section 124.401, subsection 6, paragraph a, Code 2024, is amended by striking the paragraph and inserting in lieu thereof the following: a. Hemp that is hemp seed, including hemp seed delivered for planting at a lot by a USDA licensee or hemp that is or was produced at a lot by a USDA licensee, in accordance with the provisions of the federal hemp law, as those terms are defined in chapter 204A. Sec. ___. Section 124.401G, Code 2024, is amended by striking the section and inserting in lieu thereof the following: 124.401G Iowa hemp Act — negligent violation program. Notwithstanding any provision of this chapter to the contrary, a person shall not be guilty of an offense under this chapter, including under section 124.401 or 124.410, for producing, possessing, using, harvesting, handling, manufacturing, marketing, transporting, delivering, or distributing the plant cannabis, to the extent that the person is a USDA licensee acting in accordance with the federal hemp law, as those terms are defined in chapter 204A. Sec. ___. Section 124.506, subsection 5, Code 2024, is amended by striking the subsection. Sec. ___. Section 317.1D, Code 2024, is amended to read as follows: 317.1D Exemption —— Iowa hemp Act. This chapter does not apply to a plant or any part of the plant qualifying as hemp, if the hemp is produced on a crop site regulated under chapter 204 on the USDA licensee’s lot in accordance with the federal hemp law, as those terms are defined in chapter 204A . Sec. ___. Section 453B.17, subsection 1, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following:
  32. Hemp as defined in section 204A.2, including hemp seed delivered for planting at a lot by a USDA licensee or hemp that is or was produced at a lot by a USDA licensee, in accordance with the provisions of the federal hemp law, as those terms are defined in chapter 204A. Sec. ___. Section 453B.18, Code 2024, is amended by striking the section and inserting in lieu thereof the following: 453B.18 Exemption —— Iowa hemp Act —— negligent violation program. Notwithstanding any provision of this chapter to the contrary, a person shall not be guilty of an offense under this chapter for producing or possessing the plant cannabis, to the extent that the person is a USDA licensee acting in accordance with the federal hemp law, as those terms are defined in chapter 204A. Sec. ___. Section 716.14, subsection 1, paragraph b, Code 2024, is amended to read as follows: b. “Agricultural crop” means a plant produced for food, animal feed, fiber, oil, or fuel if the plant is classified as a forage or cereal plant, including but not limited to alfalfa, barley, buckwheat, corn, flax, forage, hemp as defined in section 204.2 204A.2 , millet, oats, popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses used for forage or silage. A plant which is a noxious weed pursuant to section 317.1A shall not be considered an agricultural crop unless the plant is produced as a research crop. PART C EFFECTIVE DATE Sec. ___. EFFECTIVE DATE. This division of this Act takes effect December 31,
  33. ”
  34. Title page, line 3, after “appropriations,” by inserting “providing penalties,”
  35. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book