Bills › 90th General Assembly
Providing for the regulation of hemp and hemp products, providing penalties, and making penalties applicable
Sponsored by the House Public Safety (companion To Sf 2352 By Committee on Judiciary) Committee
Topics:Crime & correctionsPublic safety & emergencies
Same legislation: SF 2352
Where it is now
- Done: IntroducedFebruary 15, 2024
- Skipped: SubcommitteeSkipped
- Done: House committeeMarch 12, 2024
- Done: Passes the HouseMarch 12, 202479–16
- Done: Senate committeeMarch 14, 2024
- Done: Passes the SenateApril 2, 202431–18
- Done: To the GovernorApril 23, 2024
- Done: Signed into lawMay 17, 2024
Signed into law What’s a funnel?
What’s in it
BACKGROUND.7).2). The IHA removed hemp from the list of schedule I controlled substances and the excise tax imposed on the sale of controlled substances (see Code chapters 124 and 453B).12). In order for cannabis to be classified as hemp and not a controlled substance, a person must comply with IHA requirements. The IHA in turn must satisfy certification requirements adopted by the United States department of agriculture (USDA) under the federal Agriculture Improvement Act of 2018 (federal hemp law) (Pub.
Read the full explanation
L. 115-334), which allows states and tribes to assume primary regulatory authority over its production, including harvest, storage, and distribution. The IHA and the USDA has designated Iowa’s department of agriculture and land stewardship (DALS) as primarily responsible for regulating hemp production in cooperation with the department of public safety (DPS). The IHA defines a hemp product as derived from or made by processing hemp or parts of hemp.7).). §1639r), but the FDA has not adopted a comprehensive regulatory framework.14A). A person is prohibited from possessing, using, manufacturing, marketing, transporting, delivering, or distributing harvested hemp or a hemp product if the intended use is introduction into the body by an article that utilizes an electronic, chemical, or mechanical process, or a device such as a cigarette, cigar, cigarillo, or pipe. 156). HHS’s regulations include packaging and labeling requirements.12).12). DALS in cooperation with DPS or a local law enforcement agency (county sheriff or municipal police department) may also confiscate and destroy illegally produced hemp.13). The injunction could address either hemp or a hemp product. BILL’S PROVISIONS —— CONSUMABLE HEMP PRODUCTS (THC POTENCY). The bill authorizes HHS to adopt rules regulating the sale of consumable hemp products.7). BILL’S PROVISIONS —— CONSUMABLE HEMP PRODUCTS (USE IN INHALATION —— CRIMINAL PENALTY).14A). A person in violation of the provision is guilty of a serious misdemeanor. 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. BILL’S PROVISIONS —— CONSUMABLE HEMP PRODUCTS (CRIMINAL AND CIVIL PENALTY FOR FAILURE TO REGISTER).14C). The civil penalty cannot exceed $10,000, with each day of a violation constituting a separate offense. BILL’S PROVISIONS —— CONSUMABLE HEMP PRODUCTS (SALE TO MINORS —— CRIMINAL PENALTY AND SCHEDULED VIOLATION).14D). A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.14E). The penalty is a scheduled violation. The first offense is subject to a scheduled fine of $75, the second offense is subject to a scheduled fine of $135, and the third and each subsequent offense is subject to a scheduled fine of $325.8C). In addition, the person subject to the violation may also be sentenced to perform a number of hours of community service; ranging from to hours depending upon the number of previous offenses committed.14F). BILL’S PROVISIONS —— CONSUMABLE HEMP PRODUCTS (CONFISCATION AND DISPOSAL).7).15A). BILL’S PROVISIONS —— CONSUMABLE HEMP PRODUCTS (REGULATION OF ALCOHOLIC BEVERAGES). The bill regulates persons engaged in the business of selling alcoholic beverages (wine, beer, or spirits) in this state, including under a license, permit, or certificate issued by the department of revenue (Code chapter 123). The bill prohibits such a person from manufacturing, selling, giving, importing, or otherwise supplying any alcoholic beverage containing tetrahydrocannabinol.91.
From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text · What changed before it passed
Fiscal note
Can’t be estimated Compare with other bills
The fiscal impact cannot be estimated due to a lack of existing data. Figure 2 shows the average State cost per offense for an aggravated misdemeanor, serious misdemeanor, and simple misdemeanor.
- Final Fiscal Note — Consumable Hemp, Penalties and Licensing · April 29, 2024
- Consumable Hemp, Penalties and Licensing · March 13, 2024
- Consumable Hemp, Penalties and Licensing · February 28, 2024
- Consumable Hemp, Penalties and Licensing · February 28, 2024
Nonpartisan cost estimates from the Legislative Services Agency’s Fiscal Services Division. The newest is first. Reading a fiscal note
Iowa Code it changes
Creates§123.49A§204.14B§204.14C§204.14D§204.14E§204.14F§204.15A
Amends§123.49§204.12§204.14A§204.2§204.7§805.10§805.8C
Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works
Lobbying
5 for · 6 against · 19 undecided · Who →
Family tree
Where this legislation came from and where it went: earlier tries, the versions it moved through this Assembly, and later bills built on it.
90th General Assembly
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