Bills › 88th General Assembly
Relating to hemp, including the regulation of hemp, providing for enforcement and the confiscation and destruction or disposal of certain property, providing for fees, making appropriations, including penalties, and providing implementation and effective date provisions
Sponsored by the House Ways and Means (successor To Hsb 241) Committee
Topics:AgricultureState budget
Same legislation: SF 279, HSB 241, HF 733, SF 599, HF 763, HF 781
Where it is now
- Done: IntroducedFebruary 18, 2019
- Done: SubcommitteeMarch 18, 2019
- Done: House committeeMarch 21, 2019
- Done: Passes the HouseApril 23, 2019
- Skipped: Senate committeeSkipped
- Done: Passes the SenateApril 15, 201949–1
- Done: To the GovernorMay 6, 2019
- Done: Signed into lawMay 13, 2019
SF 599 became law → The same legislation passed as SF 599, so this version was set aside. Go to SF 599 What’s a funnel?
What’s in it
The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. OVERVIEW. This bill creates the “Iowa Hemp Act” under Title V, subtitle 4, of the Code regulating persons operating under licenses issued by the department of agriculture and land stewardship (DALS). The bill creates Code chapter 204 and authorizes the production of hemp under the DALS’ regulatory supervision when acting under the provisions of the Agriculture Improvement Act of 2018, Pub.
Read the full explanation
L. 115-334 (2018 Farm Bill). The 2018 Farm Bill defines hemp as a species of Cannabis having a maximum concentration of delta-9 tetrahydrocannabinol (THC) that does not exceed three-tenths of percent. The 2018 Farm Bill authorizes states to assume primary regulatory authority over the production of hemp by submitting a state plan (plan) for approval by the United States department of agriculture (USDA) which has days to approve, disapprove, or amend the plan. The 2018 Farm Bill provides that state regulations may be more but not less stringent than the federal regulations. The provisions of the bill are also enforced by the department of public safety (DPS) which is designated as the chief criminal enforcement agency and local law enforcement agencies (local law enforcement). HEMP LICENSES AND FEES. DALS is required to accept and approve or disapprove applications for the issuance of a hemp license (license) on a one-year basis subject to renewal. A license covers a crop site which cannot exceed contiguous acres. DALS may issue any number of licenses to a single applicant. However, a person is prohibited from holding more than crop sites under all current licenses issued to the person. DALS must assess and collect hemp fees (fees) for the issuance of a license and for an annual fall inspection until June 30, 2022. After that date, fees are to be established by rule based on the amount required to administer and enforce the provisions of the bill. Moneys collected from the fees are to be deposited into a hemp fund (fund) which are appropriated to DALS for purposes of administering and enforcing these provisions. REGULATIONS. DALS is required to adopt rules regulating the production of hemp, and may adopt rules as necessary or desirable to administer and enforce the Code chapter. The bill allows a person to engage in the retail sale of hemp products produced in another state; the addition of a hemp derivative to cosmetics, personal care products, and products intended for human or animal consumption; and the transport of hemp product through this state. The bill provides that under certain conditions, a person is not subject to a criminal offense for producing, possessing, using, harvesting, manufacturing, marketing, transporting, delivering, or distributing hemp produced on a licensee’s crop site. The bill requires that a person hold a certificate of crop inspection issued by DALS. INSPECTIONS AND TESTS. DALS is required to conduct an annual inspection of a licensee’s crop site and obtain a sample of plants that are part of the crop in order to conduct an official test. DPS or local law enforcement may also conduct an inspection of the crop site and conduct its own test. The bill provides that DALS, DPS, and local law enforcement may enter on a crop site and other associated places in order to conduct an inspection. ENFORCEMENT AND PENALTIES. DALS may suspend or revoke a hemp license for a number of causes, including for a violation of statute or rule. DALS may order the disposal of a crop produced on a licensee’s crop site if official test results indicate that a crop does not qualify as hemp. The disposal, including the crop’s destruction, must be at the licensee’s expense. A person who violates a provision of the bill is subject to a civil penalty of not less than $500 and not more than $2,500. DALS or the attorney general may apply to district court to obtain an injunction to enforce the bill’s provisions. DALS may establish a program to correct certain violations committed negligently by a licensee including producing a crop having a maximum THC concentration that does not exceed percent. CONTINGENT IMPLEMENTATION AND EFFECTIVE DATE. Generally, the bill’s provisions enacting Code chapter 204 are to be implemented when DALS certifies USDA has approved DALS’ state plan. The bill takes effect July 1, 2019, except for those provisions, including criminal offenses, which make enactment contingent upon implementation of Code chapter 204.
Changed since by amendments H-1285, H-1273, S-3160; see Amendments.
House subcommittee
Named April 3, 2019. On April 10, 2019 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Can’t be estimated Compare with other bills
The estimated fiscal impact of SF 599 is an increase in expenditures to the DALS and the DPS budgets for FY 2020 and FY 2021. Table 1 shows the estimated expenditures related to the implementation of SF 599. The revenue from the fees established in this Bill cannot be estimated, as it is unknown how many persons will participate in the manufacturing of industrial hemp.
- Final Fiscal Note - Industrial Hemp · June 3, 2019
- Industrial Hemp Regulations · April 19, 2019
- Industrial Hemp Regulations · April 2, 2019
- Industrial Hemp · March 24, 2019
- Industrial Hemp · March 5, 2019
Iowa Code it changes
Creates§124.401H§204.1§204.10§204.11§204.12§204.13§204.14§204.15§204.2§204.3§204.4§204.5§204.6§204.7§204.8§204.9§317.1D§453B.17§453B.18
Amends§124.204§124.401§124.410§124.411§124.506A§189.1§29B.107A§80.9
Lobbying
20 for · 0 against · 31 undecided · Who →