Bills › 89th General Assembly
Relating to acreage limitations for the production of hemp, and including effective date provisions
Where it is now
- Done: IntroducedJanuary 25, 2022
- Done: SubcommitteeJanuary 26, 2022
- Done: Senate committeeFebruary 9, 2022
- Done: Passes the SenateMarch 29, 202247–0
- Skipped: House committeeSkipped
- Done: Passes the HouseFebruary 24, 202296–1
- Done: To the GovernorApril 21, 2022
- Done: Signed into lawApril 21, 2022
HF 2380 became law → The same legislation passed as HF 2380, so this version was set aside. Go to HF 2380 What’s a funnel?
What’s in it
AI summary People who grow hemp in Iowa will no longer have a limit on how many acres they can plant. This change removes the previous rules that restricted the size of individual crop sites and the total amount of land a producer could use.1
Read the official explanation
ACREAGE LIMITATION —— EXCEPTION. This bill amends Code chapter 204, the Iowa Hemp Act (IHA), which in part requires the department of agriculture and land stewardship (DALS) to regulate the production of hemp.2).4). DALS may issue any number of licenses to a qualified producer so long as all licensed crop sites do not exceed a total of acres. Until June 30, 2022, a qualified producer is subject to an interim license fee based on the size of the licensed crop site, equaling not more than a base amount plus $5 per acre. The base amount is $500 for a licensed crop site that is five acres or less; $750 for a licensed crop site that is more than five acres but not more than acres; and $1,000 for each licensed crop site that is more than acres. During the interim period, the producer is also subject to an annual base inspection and official test fee of not more than $1,000.5). The bill eliminates the requirements that (1) a licensed crop site must be acres or less and (2) the total number of acres of all licensed crop sites must be acres or less. BACKGROUND. The IHA must comply with the relevant sections of the federal Agriculture Improvement Act of 2018, Pub. L. 115-334, that allows states and tribes to assume primary regulatory authority over the production of hemp by submitting a plan for approval by the United States department of agriculture (USDA). Effective April 8, 2020, the secretary of agriculture published an advisory notice that the state plan for the production of hemp was certified by the United States department of agriculture in IAB Vol. XLII, No. 2630. EFFECTIVE DATE. The bill takes effect upon enactment.
Changed since by amendments S-5092, H-8074; see Amendments.
Senate subcommittee
Named January 26, 2022. On February 2, 2022 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
AI summary This bill increases the maximum amount of hemp a person can grow each year from 40 acres to 320 acres. The fiscal impact of this change cannot be determined because it is unknown how many more people will participate in the program.3
Read the fiscal note
Description
House File 2380 increases the maximum acres of hemp a person may grow annually from 40 acres to 320 acres. This Bill takes effect upon enactment.
Background
Iowa Code chapter 204 requires the Iowa Department of Agriculture and Land Stewardship (IDALS) to regulate the production of hemp. The IDALS is required to issue and renew one-year hemp licenses to qualified producers. The IDALS inspects all hemp crop sites and collects samples as outlined in 21 IAC 96.7. As the number of acres increases, the number of samples required per acre decreases. Samples are tested to ensure tetrahydrocannabinol (THC) levels are below 0.3% as outlined in Iowa Code section 204.8. After samples are confirmed to have acceptable levels of THC, the IDALS is not further required to monitor the harvesting or utilization of the hemp. Under current law, a licensed crop site cannot be larger than 40 acres, and the total number of acres licensed to one person cannot exceed 40 acres. The IDALS has the authority to set hemp license and inspection fees by administrative rule. These fees are deposited into the Hemp Fund and used to cover costs the IDALS incurs in administering the enforcement provisions of Iowa Code chapter 204, including the cost of testing the THC levels of samples of hemp. Iowa Code section 204.5 sets maximums the IDALS may charge for hemp fees. Fees collected by the IDALS under Iowa Code section 204.5 are currently set at the maximum allowed by the Iowa Code. The fees specified in 21 IAC 96.5 are as follows:
- License fees:
- $500 plus $5 per acre for crop sites smaller than five acres.
- $750 plus $5 per acre for crop sites between 5 and 10 acres.
- $1,000 plus $5 per acre for crop sites larger than 10 acres.
- Inspection fees:
- Base fee of $1,000 plus a supplemental fee of $500 per sample.
In FY 2020, $138,000 in fees and other revenue was deposited into the Hemp Fund. In FY 2021, $128,000 in fees and other revenue was deposited into the Hemp Fund. On July 1, 2022, the fee maximums outlined in Iowa Code section 204.5 will sunset. After these hemp fee maximums sunset, the IDALS may alter hemp fees by administrative rule, but the total amount of hemp fees collected by the IDALS may not exceed the costs incurred by the IDALS to enforce Iowa Code chapter 204.
Assumptions
The IDALS may collect more fee revenue and incur additional testing costs due to an increase in licensees and enrolled acres, but changes to revenues and expenses cannot be estimated at this time.
Fiscal Impact
The fiscal impact of House File 2380 cannot be determined because potential changes to the program participation are unknown.
Source
- Iowa Department of Agriculture and Land Stewardship
- Final Fiscal Note — Hemp Acreage Cap · June 22, 2022
- Hemp Acreage Cap · February 25, 2022
- Hemp Producers, Acreage Limit · February 25, 2022
- Hemp Acreage Cap · February 22, 2022 · $66,000
Iowa Code it changes
Lobbying
5 for · 0 against · 4 undecided · Who →
Family tree
Tried before
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HF 2045 Relating to acreage limitations for the production of hemp, and including effective date p…88th General Assembly · In committee · same titleCleared committee
Matched by wording or an identical title.