Providing for the regulation of hemp, including by creating an affirmative defense in cases of criminal prosecution, and making penalties applicable

GENERAL.) plant that meets the legal threshold of having a maximum delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent. Specifically, the bill provides an affirmative defense may be pled and proven by a person accused of committing the criminal offense, based on the defendant’s compliance with certain requirements associated with the legal production of hemp as provided in the Iowa hemp Act (IHA) codified in Code chapter 204.7(5)).7(6)).15). The licensee cannot participate in the program if the results of a test of the licensee’s crop exceeds percent THC. The affirmative defense may also be pled and proven for a criminal offense involving an item derived from or made by processing the plant cannabis.2(11)).7(8)). The affirmative defense applies to prosecutions brought under Code chapter 124 regulating controlled substances and Code chapter 453B imposing an excise tax on the unlawful possession and dealing of certain substances. BACKGROUND —— IOWA HEMP ACT.3).7). The original law included a number of coordinating provisions, including amendments that removed hemp from the list of schedule I controlled substances (Code chapter 124) and eliminated the associated excise tax imposed on controlled substances (Code chapter 453B). The law was amended last year, which in part changed compliance requirements (2020 Iowa Acts, chapters 1065 and 1121). CRIMINAL PENALTIES. A number of criminal penalties apply to a criminal conviction involving cannabis, including possession, manufacture, and distribution.12). A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. And a class “B” felony is punishable by confinement for no more than years.