Bill Text: IA HF2605 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act providing for the regulation of hemp and hemp products, providing penalties, and making penalties applicable. (Formerly HSB 665.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-17 - Signed by Governor. H.J. 938. [HF2605 Detail]
Download: Iowa-2023-HF2605-Enrolled.html
House
File
2605
-
Enrolled
House
File
2605
AN
ACT
PROVIDING
FOR
THE
REGULATION
OF
HEMP
AND
HEMP
PRODUCTS,
PROVIDING
PENALTIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
IOWA
HEMP
ACT
Section
1.
Section
204.2,
Code
2024,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
01.
“Advertise”
means
to
present
a
commercial
message
in
any
medium,
including
but
not
limited
to
print,
radio,
television,
sign,
display,
label,
tag,
or
articulation.
NEW
SUBSECTION
.
6A.
“Distribute”
means
to
transfer
possession.
NEW
SUBSECTION
.
15A.
“Registrant”
means
a
person
who
is
registered
with
the
department
of
health
and
human
services
pursuant
to
section
204.7.
House
File
2605,
p.
2
Sec.
2.
Section
204.2,
subsection
2,
paragraph
c,
Code
2024,
is
amended
to
read
as
follows:
c.
A
hemp
product
is
deemed
to
be
a
consumable
hemp
product
if
it
is
any
of
the
following
all
of
the
following
apply
:
(1)
It
is
any
of
the
following:
(a)
Designed
by
the
processor,
including
the
manufacturer,
to
be
introduced
into
the
human
body.
(2)
(b)
Advertised
as
an
item
to
be
introduced
into
the
human
body.
(3)
(c)
Distributed,
exported,
or
imported
,
offered
for
sale
,
or
distribution
sold
to
be
introduced
into
the
human
body.
(2)
Its
maximum
total
tetrahydrocannabinol
concentration
is
less
than
or
equal
to
the
lesser
of
the
following:
(a)
Three-tenths
of
one
percent
on
a
dry
weight
basis.
(b)
Four
milligrams
per
serving
and
ten
milligrams
per
container
on
a
dry
weight
basis.
Sec.
3.
Section
204.2,
subsection
11,
paragraph
b,
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
(1)
(a)
An
item
or
part
of
an
item
with
a
maximum
tetrahydrocannabinol
concentration
that
exceeds
three-tenths
of
one
percent
on
a
dry
weight
basis
the
maximum
total
tetrahydrocannabinol
concentration
allowed
for
a
hemp
product
under
section
124.204,
subsection
7
.
(b)
An
item
or
part
of
an
item
that
is
metabolized
or
is
otherwise
subject
to
a
biotransformative
process
when
introduced
into
the
human
body
and
that
exceeds
the
maximum
total
tetrahydrocannabinol
concentration
allowed
for
a
consumable
hemp
product.
Sec.
4.
Section
204.7,
subsection
8,
paragraph
a,
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
(3)
The
consumable
hemp
product
complies
with
packaging
and
labeling
requirements,
which
shall
be
established
by
rules
adopted
by
the
department
of
health
and
human
services
by
rule
.
Each
container
storing
consumable
hemp
shall
be
affixed
with
a
notice
advising
consumers
regarding
the
risks
associated
with
its
use.
The
department
of
health
and
human
services
shall
adopt
rules
regarding
the
language
of
the
notice
and
its
display
on
the
container.
House
File
2605,
p.
3
Sec.
5.
Section
204.7,
subsection
8,
paragraph
a,
Code
2024,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(4)
The
consumable
hemp
product
complies
with
restrictions
upon
the
sale
or
other
distribution
of
a
consumable
hemp
product
established
by
rules
adopted
by
the
department
of
health
and
human
services.
Sec.
6.
Section
204.7,
subsection
8,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0b.
(1)
A
person
is
engaged
in
the
retail
sale
of
a
consumable
hemp
product,
if
any
of
the
following
apply:
(a)
The
person
offers
to
distribute
a
consumable
hemp
product
to
a
consumer
in
exchange
for
consideration.
(b)
The
person
is
an
owner
of
a
business
that
distributes
consumable
hemp
products
to
consumers
in
exchange
for
consideration.
(c)
The
person
is
a
business
that
distributes
consumable
hemp
products
to
consumers
in
exchange
for
consideration
and
presents
a
consumable
hemp
product
to
a
consumer
in
the
form
of
a
gift.
(2)
A
person,
including
a
business,
is
engaged
in
the
sale
of
a
consumable
hemp
product
regardless
of
whether
the
person
is
registered
with
the
department
of
health
and
human
services
as
provided
in
this
section.
Sec.
7.
Section
204.12,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
A
Unless
another
civil
penalty
is
otherwise
provided
in
this
chapter,
a
person
who
violates
a
provision
of
this
chapter
is
subject
to
a
civil
penalty
of
not
less
than
five
hundred
dollars
and
not
more
than
two
thousand
five
hundred
dollars.
The
department
shall
impose,
assess,
and
collect
the
civil
penalty.
Each
day
that
a
continuing
violation
occurs
may
be
considered
a
separate
offense.
Sec.
8.
Section
204.14A,
Code
2024,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
A
person
shall
not
use,
market,
or
distribute
a
raw
or
dried
flower
form
of
hemp
for
the
purposes
of
inhalation
as
described
in
subsection
1,
paragraph
“b”
or
“c”
.
Any
raw
or
dried
flower
form
of
hemp
marketed
or
House
File
2605,
p.
4
distributed
within
this
state
shall
contain
the
following
notice
on
the
raw
or
dried
product
container:
This
is
a
raw
or
dried
agricultural
commodity
not
suitable
or
intended
for
human
consumption
in
conjunction
with
Iowa
Code
section
204.14A,
subsection
1,
paragraph
“b”
or
“c”
.
NEW
SUBSECTION
.
1B.
A
person
required
to
be
registered
to
manufacture
or
sell
consumable
hemp
under
section
204.7
shall
not
manufacture,
produce,
distribute,
market,
or
sell
a
synthetic
consumable
hemp
product,
as
defined
by
rules
adopted
by
the
department
of
health
and
human
services.
Sec.
9.
Section
204.14A,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
A
person
who
violates
subsection
1
this
section
is
guilty
of
a
serious
misdemeanor.
Sec.
10.
NEW
SECTION
.
204.14B
Sale
of
consumable
hemp
product
——
failure
to
register
——
civil
penalty.
1.
A
person
engaged
in
the
retail
sale
of
a
consumable
hemp
product
in
this
state
without
being
registered
with
the
department
of
health
and
human
services
as
required
in
section
204.7
shall
be
subject
to
a
civil
penalty
of
not
more
than
ten
thousand
dollars.
The
department
of
health
and
human
services
shall
impose,
assess,
and
collect
the
civil
penalty.
Each
day
that
a
continuing
violation
occurs
may
be
considered
a
separate
offense.
2.
All
civil
penalties
collected
under
this
section
shall
be
deposited
into
the
general
fund
of
the
state.
3.
A
person
in
violation
of
this
section
is
not
also
subject
to
a
civil
penalty
as
provided
in
section
204.12.
Sec.
11.
NEW
SECTION
.
204.14C
Sale
of
consumable
hemp
product
——
failure
to
register
——
criminal
penalty.
1.
a.
A
person
engaged
in
the
retail
sale
of
a
consumable
hemp
product
who
is
not
registered
with
the
department
of
health
and
human
services
as
required
in
section
204.7
commits
a
serious
misdemeanor.
b.
A
person
engaged
in
the
retail
sale
of
an
item
advertised
as
a
consumable
hemp
product
that
is
not
a
consumable
hemp
product
commits
a
serious
misdemeanor.
2.
This
section
shall
be
presumed
not
to
be
in
conflict
with
or
limit
a
prosecution
for
a
violation
of
any
other
provision
House
File
2605,
p.
5
of
law,
including
but
not
limited
to
chapter
124
or
21
U.S.C.
ch.
13.
Sec.
12.
NEW
SECTION
.
204.14D
Persons
under
legal
age
——
criminal
offense.
1.
A
person
shall
not
sell,
give,
or
otherwise
distribute
a
consumable
hemp
product
to
a
person
under
twenty-one
years
of
age.
2.
A
person
who
violates
subsection
1
is
guilty
of
a
simple
misdemeanor.
Sec.
13.
NEW
SECTION
.
204.14E
Persons
under
legal
age
——
scheduled
violation
and
community
service.
1.
A
person
under
twenty-one
years
of
age
shall
not
consume,
possess,
purchase,
or
attempt
to
purchase
a
consumable
hemp
product.
2.
A
person
who
violates
subsection
1
shall
be
subject
to
a
scheduled
violation
in
the
form
of
a
civil
penalty
pursuant
to
section
805.8C,
subsection
3,
paragraph
“d”
.
3.
In
addition
to
the
imposition
of
a
civil
penalty
as
provided
in
subsection
2,
a
person
who
violates
subsection
1
shall
be
subject
to
a
court
appearance
as
provided
in
section
805.10.
The
court
shall
sentence
the
person
to
perform
a
specified
number
of
hours
of
unpaid
community
service
as
deemed
appropriate
by
the
court
subject
to
the
following:
a.
For
a
first
violation,
eight
hours,
unless
waived
by
the
court.
b.
For
a
second
offense,
twelve
hours.
c.
For
a
third
or
subsequent
offense,
sixteen
hours.
4.
A
person
who
violates
this
section
is
not
subject
to
a
civil
penalty
as
provided
in
section
204.12.
5.
A
person
does
not
violate
subsection
1
by
possessing
a
consumable
hemp
product
if
the
person
is
employed
by
a
registrant
and
the
person
is
possessing
the
consumable
hemp
product
as
part
of
their
employment.
Sec.
14.
NEW
SECTION
.
204.14F
Persons
under
legal
age
——
exception
——
cooperation
with
department
of
public
safety
or
local
law
enforcement
agency.
1.
a.
A
person
who
would
otherwise
act
to
commit
an
offense
under
section
204.14D
is
not
guilty
of
that
offense
if
the
person
acts
under
the
direction
or
consent
of
the
department
House
File
2605,
p.
6
of
public
safety
or
a
local
law
enforcement
agency
as
part
of
an
enforcement
investigation.
b.
A
person
who
would
otherwise
act
to
commit
a
violation
under
section
204.14E
is
not
subject
to
that
offense
if
the
person
acts
under
the
direction
or
consent
of
the
department
of
public
safety
or
a
local
law
enforcement
agency
as
part
of
an
enforcement
investigation.
2.
In
enforcing
this
section,
the
department
of
public
safety
or
a
local
law
enforcement
agency
shall
take
all
measures
necessary
to
ensure
that
a
consumable
hemp
product
is
not
introduced
into
the
body
of
a
person
under
the
age
of
twenty-one.
3.
Notwithstanding
chapter
22,
any
personal
information
identifying
the
person
committing
an
offense
or
violation
as
described
in
this
section
shall
be
confidential.
Sec.
15.
NEW
SECTION
.
204.15A
Hemp
products
——
order
of
confiscation
and
disposal.
1.
The
department
of
health
and
human
services
may
order
the
confiscation
and
disposal
of
a
hemp
product
based
on
any
of
the
following:
a.
It
is
falsely
advertised,
sold,
or
distributed
as
a
consumable
hemp
product.
b.
It
exceeds
the
maximum
tetrahydrocannabinol
concentration
allowed
under
section
124.204,
subsection
7,
or
this
chapter.
c.
It
is
a
consumable
hemp
product
manufactured,
sold,
or
distributed
by
a
person
who
is
not
registered
with
the
department
of
health
and
human
services
as
is
required
in
section
204.7.
2.
The
department
of
health
and
human
services
shall
act
in
consultation
with
the
department
of
public
safety.
The
department
of
health
and
human
services
may
request
assistance
from
the
department
of
public
safety
or
a
local
law
enforcement
agency
as
necessary
to
carry
out
the
provisions
of
this
section.
The
department
of
health
and
human
services,
upon
request,
shall
deliver
any
sample
of
the
item
to
the
department
of
public
safety
or
a
local
law
enforcement
agency.
3.
A
person
required
to
be
registered
with
the
department
of
health
and
human
services
as
provided
in
section
204.7
shall
pay
the
department
of
health
and
human
services
all
actual
House
File
2605,
p.
7
and
reasonable
costs
of
the
destruction
of
the
item.
If
that
department
assumes
any
amount
of
the
costs,
it
may
charge
that
amount
to
the
person.
Sec.
16.
Section
805.8C,
subsection
3,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
d.
(1)
For
violations
of
section
204.14E,
the
scheduled
fine
is
as
follows:
(a)
If
the
violation
is
a
first
offense,
the
scheduled
fine
is
seventy
dollars.
(b)
If
the
violation
is
a
second
offense,
the
scheduled
fine
is
one
hundred
thirty-five
dollars.
(c)
If
the
violation
is
a
third
or
subsequent
offense,
the
scheduled
fine
is
three
hundred
twenty-five
dollars.
(2)
The
fine
shall
be
imposed
as
a
civil
penalty.
(3)
The
crime
services
surcharge
under
section
911.1
shall
not
be
added
to
the
penalty,
and
the
court
costs
pursuant
to
section
805.9,
subsection
6,
shall
not
be
imposed.
(4)
Notwithstanding
section
805.12,
any
civil
penalty
paid
under
this
subsection
shall
be
retained
by
the
city
or
county
enforcing
the
violation.
Sec.
17.
Section
805.10,
subsection
1,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
When
a
violation
charged
involves
the
consumption,
possession,
purchase,
or
attempt
to
purchase
of
a
consumable
hemp
product
as
provided
in
section
204.14E,
for
which
there
is
a
community
service
sentence.
DIVISION
II
REGULATION
OF
ALCOHOLIC
BEVERAGES
Sec.
18.
Section
123.49,
subsection
2,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
l.
Sell,
give,
or
otherwise
supply
any
alcoholic
beverage
containing
tetrahydrocannabinol,
including
any
isomers,
derivatives,
or
analogs
of
tetrahydrocannabinol,
whether
naturally
occurring
or
synthesized,
to
any
person
on
the
licensed
premises.
Sec.
19.
NEW
SECTION
.
123.49A
Restriction
on
alcoholic
beverages
containing
tetrahydrocannabinol.
A
holder
of
a
license,
permit,
or
certificate
of
compliance
issued
by
the
department
under
this
chapter
shall
not
House
File
2605,
p.
8
manufacture,
import,
or
sell
at
wholesale
in
this
state
an
alcoholic
beverage
containing
tetrahydrocannabinol,
including
any
isomers,
derivatives,
or
analogs
of
tetrahydrocannabinol,
whether
naturally
occurring
or
synthesized.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2605,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
