HF 2237 (LSB 5208HV (1) 88)

HOUSE FILE 2237

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 572)

A BILL FOR

An Act prohibiting hemp and hemp products intended for inhalation, providing penalties, making penalties applicable, and including implementation and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 204.2, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Federal Food, Drug, and Cosmetic Act” means the Act so entitled as codified in 21 U.S.C. §301 et seq., including regulations adopted pursuant to that Act by the United States food and drug administration under the Code of Federal Regulations, Title 21.
    Sec. 2.  Section 204.7, subsection 9, Code 2020, is amended to read as follows:
   9.  a.  Except as otherwise provided in section 204.14A, all of the following apply:
   (1)  A person may engage in the retail sale of a hemp product if the hemp was produced in this state or another state in compliance with the federal hemp law or other applicable federal law. A person may engage in the retail sale of a hemp product if the hemp was produced in another jurisdiction in compliance with applicable federal law and the laws of the other jurisdiction, if such law is substantially the same as applicable federal law.
   b.  (2)  To the extent consistent with applicable federal law, a derivative of hemp, including hemp-derived cannabidiol, may be added to cosmetics, personal care products, and products intended for human or animal consumption. The addition of such a derivative shall not be considered an adulteration of the product, unless otherwise provided in applicable federal law.
   c.  (3)  A person may transport a hemp product within and through this state and may export a hemp product to any foreign nation, in accordance with applicable federal law and the law of the foreign nation.
   d.  b.  A hemp product complying with this subsection

paragraph “a” is not a controlled substance under chapter 124 or 453B.
    Sec. 3.  NEW SECTION.  204.14A  Criminal offense —— inhalation.
   1.  A person shall not possess, use, manufacture, market, transport, deliver, or distribute harvested hemp or a hemp product if the intended use of the harvested hemp or hemp product is introduction into the body of a human or animal by any method of inhalation, including any of the following:
   a.  Smoke produced from combustion.
   b.  A type of article that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical process.
   c.  A device, including but not limited to a cigarette, cigar, cigarillo, or pipe, regardless of whether such device produces smoke or vapor.
   2.  A person who violates subsection 1 is guilty of a serious misdemeanor.
   3.  This section does not apply to the extent that federal law, including the federal Food, Drug, and Cosmetic Act, authorizes as its intended use the introduction of harvested hemp or a hemp product into the body of a human or animal by a method of inhalation.
    Sec. 4.  CONTINGENT IMPLEMENTATION.
   This Act shall be implemented, including administered and enforced, by the department of agriculture and land stewardship, the department of public safety, and local law enforcement agencies, beginning on the date that the provisions of chapter 204 are implemented as provided in 2019 Iowa Acts, chapter 130, section 18, subsection 1.
    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   INHALATION. This bill prohibits a person from possessing, using, manufacturing, marketing, transporting, delivering, or distributing harvested hemp or a hemp product if the intended use of the harvested hemp or hemp product is introduction into the body of a human or animal by any method of inhalation (e.g., cigarette, cigar, cigarillo, or pipe). The prohibition does not apply to the extent that federal law, including the federal Food, Drug, and Cosmetic Act, authorizes as its intended use the introduction of harvested hemp or a hemp product by a method of inhalation.
   BACKGROUND. The bill amends provisions enacted in 2019 Iowa Acts, chapter 130 (Iowa’s 2019 Act), including new Code chapter 204, the “Iowa Hemp Act” (IHA) (see Code section 204.1), authorizing the production of a certain type of cannabis (sativa L.) and providing for the manufacture, sale, and transportation of hemp products, if the hemp or hemp product has a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis (Code section 204.2). Iowa’s 2019 Act was enacted after the enactment of the federal Agriculture Improvement Act of 2018, commonly known as the 2018 farm bill, including provisions allowing the production of hemp (7 U.S.C. §1639o et seq.). The federal hemp law 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). The USDA has neither approved nor disapproved Iowa’s state plan. By its own terms, the federal hemp law does not affect or modify the federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.), and therefore it preserves the authority of the United States food and drug administration to regulate articles that may be introduced in the body of a human or animal (see 7 U.S.C. §1639r). Generally, the IHA is to be implemented on the publication date of that edition of the Iowa administrative bulletin that includes a statement by the department of agriculture and land stewardship (DALS) certifying USDA approval of the state plan.
   PENALTIES. The bill provides that a person who violates the bill’s provisions is guilty of a serious misdemeanor which is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A person who violates the bill’s provisions is also subject to a civil penalty of not less than $500 and not more than $2,500 that DALS may impose, assess, and collect for any violation of the IHA (Code section 204.12).
   IMPLEMENTATION DATE. The bill is to be implemented on the same date as the IHA.
   EFFECTIVE DATE. The bill takes effect upon enactment.