Providing for the regulation of hemp products, and making penalties applicable

BACKGROUND. This bill provides for the regulation of hemp, including hemp products. The regulation of hemp production is governed by federal law. Hemp must have a maximum concentration of the compound delta-9 tetrahydrocannabinol (THC) not exceeding three-tenths of percent as measured on a dry weight basis. A plant or a product manufactured from that plant exceeding the concentration limit is no longer classified as hemp and instead is regulated as a controlled substance under Code chapters 124 and 453B, which include criminal offenses. The regulation of hemp has been divided between the production, harvesting, storage, and transportation of raw hemp and the manufacture and sale of hemp products, including consumable hemp products. Prior to 2024, the department of agriculture and land stewardship (DALS) was required to regulate hemp. In 2024 Iowa Acts, chapter 1177, the United States department of agriculture (USDA) assumed regulation over the production of hemp including the issuance of licenses to growers, and remaining state regulatory provisions were transferred from Code chapter 204 to Code chapter 204A. Certain state regulations continue to apply to hemp.7)., a licensee’s production site). _____ the manufacture and sale of hemp products under Code chapter 204. Generally, HHS regulations are concerned with consumable hemp products that are metabolized or otherwise subject to a biotransformative process when introduced into the human body.7). Many of the regulations covering consumable hemp products have been adopted by rule (641 IAC 156). In general, consumable hemp products are regulated according to milligrams (mg) per amount or volume (often per serving, per milliliter (ml), or per ounce (oz)). BILL’S PROVISIONS —— ADMINISTRATION BY HHS. The bill provides that HHS may adopt rules only to the extent that the rules are necessary to comply with administrative procedures or the health and safety of the public. In addition, the rules must be supported by scientific evidence. During the rulemaking process, days must be set aside for public comment. HHS must establish and administer continuing education programs for its staff covering the regulation of hemp and hemp products. HHS, in cooperation with DALS, must establish and administer outreach programs regarding the regulation of hemp and hemp products. HHS, in cooperation with DALS and the department of revenue, must prepare and submit an annual report to the governor and general assembly summarizing information regarding the production and regulation of hemp and hemp growers licensed by USDA, and information regarding the manufacture and sale of hemp products, including consumable hemp products, by registrants. BILL’S PROVISIONS —— REGULATION BY HHS —— SERVING. The bill amends a provision that describes when a hemp product is considered to be a consumable hemp product, including when its maximum total THC is less than or equal to four mg per serving and mg per container on a dry weight basis. The bill increases the mg per serving to five and eliminates the per container measurement. _____ BILL’S PROVISIONS —— REGULATION BY HHS —— COA. The bill provides that a valid COA held by a consumable hemp establishment is valid for the shelf life of the consumable hemp product covered by the COA. BILL’S PROVISIONS —— REGULATION BY HHS —— THC LIMITS. The bill imposes maximum limits on certain consumable hemp products, including a consumable hemp product in the form of a tincture (1 mg), a beverage other than a tincture (10 mg per oz), and a topical application (1,000 mg per package). The bill provides that a consumable hemp product cannot exceed mg per serving if the consumable hemp product is manufactured in this state for distribution outside this state. BILL’S PROVISIONS —— REGULATION BY HHS —— PACKAGING AND ADVERTISING. The bill provides that a person preparing a consumable product in its final package form must comply with a number of requirements regarding safety, including providing for child resistant safeguards, the separation of servings, the inclusion of a dropper if necessary, label requirements, and a 30-day supply limit. The bill prohibits a person from engaging in deceptive advertising, including by stating that the consumable hemp product is medical cannabidiol., a violation of a trademark), or from presenting a consumable hemp product in a manner that bears a resemblance to a recognizable food product or a manner that is attractive to children. BILL’S PROVISIONS —— REGULATION BY HHS —— LOCATIONS.2). _____ temporary or mobile basis. BILL’S PROVISIONS —— REGULATION BY HHS —— USE BY PERSONS UNDER THE AGE OF 21.12E). The bill provides an exception if the action is approved by a mental health professional. BILL’S PROVISIONS —— APPLICABLE PENALTIES.14B). A person who is unregistered and a person who is engaged in the retail sale of an item wrongly advertised as a consumable hemp product commits a serious misdemeanor.14D).14E). A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. 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.