Text: SF02412 Text: SF02414 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. FINDINGS. The general assembly finds that a 1 2 trend exists among states to consider the economic importance 1 3 of industrial hemp, which is a major crop in other nations. 1 4 Industrial hemp historically has contributed to the economic 1 5 welfare of this country, and is a renewable natural resource 1 6 manufactured for textiles, pulp, paper, oil, building 1 7 materials, and other products. The purpose of this Act is to 1 8 promote the economy of this state by providing for research 1 9 necessary to develop industrial hemp as a viable crop. 1 10 Sec. 2. NEW SECTION. 159.41 INDUSTRIAL HEMP LICENSING 1 11 AND REGULATION. 1 12 1. As used in this section, "industrial hemp" means 1 13 cannabis sativa L. which has a percentage of 1 14 tetrahydrocannabinol of not more than one percent, as provided 1 15 by rules which shall be adopted by the department. 1 16 2. The department of agriculture and land stewardship, in 1 17 cooperation with the department of public safety, shall 1 18 administer this section. The department of agriculture and 1 19 land stewardship shall cooperate with other law enforcement 1 20 agencies. The department shall also collaborate with agencies 1 21 of the United States government, including but not limited to 1 22 the drug enforcement administration of the United States 1 23 department of justice, in order to provide for the production 1 24 and possession of industrial hemp and according to the terms 1 25 and conditions required by the United States government. The 1 26 department may execute any memorandum of understanding with a 1 27 United States government agency in order to administer this 1 28 section. 1 29 3. To the extent permitted by the United States 1 30 government, the department shall issue licenses to persons for 1 31 the production and possession of industrial hemp, 1 32 notwithstanding any section of this chapter to the contrary. 1 33 A person must possess a license pursuant to this section to 1 34 produce or possess industrial hemp. The department of 1 35 agriculture and land stewardship shall limit the number of 2 1 licenses that it grants each year in order to ensure that the 2 2 department of agriculture and land stewardship, in cooperation 2 3 with the department of public safety, may strictly enforce 2 4 compliance with the requirements of this section and section 2 5 266.39F. A license shall expire not later than one year 2 6 following the date of issuance. 2 7 a. A person applying for a license shall file an 2 8 application on a form prescribed by the department of 2 9 agriculture and land stewardship according to procedures 2 10 required by the department. The department may charge an 2 11 application fee which shall not exceed five hundred dollars. 2 12 An applicant and each employee of the applicant must satisfy 2 13 eligibility requirements of the department, which shall 2 14 include but shall not be limited to all of the following: 2 15 (1) Be eighteen years of age or older. 2 16 (2) Never have been convicted of a felony, an aggravated 2 17 misdemeanor, or of any other offense related to the possession 2 18 of a controlled substance. 2 19 (3) Not be addicted to the use of alcohol or a controlled 2 20 substance. 2 21 (4) Be of good moral character and not have been judged 2 22 guilty of a crime involving moral turpitude. 2 23 b. The department shall give priority to approving an 2 24 application, if the person has entered into an agreement with 2 25 Iowa state university in conducting research as provided in 2 26 section 266.39F. 2 27 c. The licensee shall maintain accurate records, as 2 28 required by the department, which shall contain information 2 29 relating to the licensee's operation, including but not 2 30 limited to the production site, the time and manner of 2 31 harvest, and persons involved in the production, harvesting, 2 32 and distribution of the industrial hemp. 2 33 4. Notwithstanding chapter 124, the licensee may produce, 2 34 harvest, and distribute industrial hemp. However, the 2 35 licensee must act in strict conformance with this section. 3 1 The licensee shall raise industrial hemp upon demonstration 3 2 plots as approved by the department. The demonstration plots 3 3 must be used to develop optimal agricultural practices for 3 4 raising industrial hemp. All plant materials from industrial 3 5 hemp grown on demonstration plots, except plant materials 3 6 retained for breeding and propagation, must be used for 3 7 commercial uses approved by the department. 3 8 5. The department of agriculture and land stewardship or 3 9 the department of public safety may inspect a production or 3 10 distribution site of a licensee at any time, and may inspect 3 11 records required to be maintained as provided in this section. 3 12 The department of agriculture and land stewardship shall 3 13 assess and the licensee shall pay the actual costs of the 3 14 inspection. If the owner or occupant of any property used by 3 15 the licensee for the production or distribution refuses 3 16 admittance onto the property, or if prior to such refusal the 3 17 department of agriculture and land stewardship or department 3 18 of public safety demonstrates the necessity for a warrant, the 3 19 department of agriculture and land stewardship may make 3 20 application under oath or affirmation to the district court of 3 21 the county in which the property is located for the issuance 3 22 of a search warrant. If the court is satisfied from 3 23 examination of the applicant, of other witnesses, if any, and 3 24 of the allegations of the application of the existence of the 3 25 grounds of the application, or that probable cause exists to 3 26 believe such grounds exist, the court may issue such search 3 27 warrant. 3 28 6. The department may suspend or revoke a license if the 3 29 licensee or an employee of the licensee is determined to have 3 30 committed any of the following: 3 31 a. Fraud in applying for or obtaining a license. 3 32 b. A violation of this section or rules adopted by the 3 33 department pursuant to this section, including failing to 3 34 comply with a requirement of this section. 3 35 c. An offense involving moral turpitude, a felony, an 4 1 aggravated misdemeanor, or any other offense related to the 4 2 possession of a controlled substance. 4 3 7. a. Except as provided in paragraph "b", an applicant 4 4 for a license or a licensee who knowingly violates a 4 5 requirement of this section or a rule adopted by the 4 6 department pursuant to this section is subject to a civil 4 7 penalty of not more than fifty thousand dollars. 4 8 b. A person who makes a false statement on the application 4 9 for a license regarding the conviction of a felony, aggravated 4 10 misdemeanor, or any other offense related to the possession of 4 11 a controlled substance is guilty of an aggravated misdemeanor. 4 12 Sec. 3. NEW SECTION. 266.39F INDUSTRIAL HEMP RESEARCH 4 13 BY IOWA STATE UNIVERSITY. 4 14 1. As used in this section, "industrial hemp" means 4 15 cannabis sativa L. which has a percentage of 4 16 tetrahydrocannabinol of not more than one percent. 4 17 2. In administering this chapter, Iowa state university 4 18 shall do all of the following: 4 19 a. Collaborate with agencies of the United States 4 20 government, including the drug enforcement administration of 4 21 the United States department of justice, in order to produce 4 22 and possess industrial hemp according to the terms and 4 23 conditions required by the United States government. Iowa 4 24 state university may execute any memorandum of understanding 4 25 with a United States government agency in order to administer 4 26 this section, and may obtain any federal permit or other 4 27 authorization required to administer this section. 4 28 b. Cooperate with the department of agriculture and land 4 29 stewardship in carrying out this section and section 159.41. 4 30 The university shall cooperate with persons licensed by the 4 31 department to produce industrial hemp as provided in that 4 32 section. The university shall also cooperate with law 4 33 enforcement agencies, including the department of public 4 34 safety. 4 35 3. Notwithstanding chapter 124, Iowa state university 5 1 shall, to the extent permitted by the United States 5 2 government, conduct research regarding the production and 5 3 marketing of industrial hemp. The research shall include an 5 4 analysis of all of the following: 5 5 a. The production of high-quality seed varieties having 5 6 proven adaptation and performance. 5 7 b. The feasibility of producing industrial hemp in this 5 8 state as a profitable cash crop, including the adaptability of 5 9 plant varieties to soils and growing conditions in this state. 5 10 c. The production of industrial hemp having the lowest 5 11 possible percentage of tetrahydrocannabinol. 5 12 d. The development of production practices, including best 5 13 management practices for applying nutrients and pesticides; 5 14 strategies to best conserve, maintain, and improve soil 5 15 productivity; and methods to control disease. 5 16 e. The need for and availability of equipment and 5 17 machinery required to efficiently and cost-effectively produce 5 18 and harvest industrial hemp. 5 19 f. Market conditions affecting the economic viability of 5 20 industrial hemp production, including the identification of 5 21 markets, the utilization of products, processing methods, and 5 22 other economic factors affecting the profitable marketing of 5 23 industrial hemp. 5 24 4. The research shall be conducted as provided by Iowa 5 25 state university, and may be carried out in part by the Iowa 5 26 agricultural and home economics experiment station, including 5 27 the Leopold center for sustainable agriculture. Research 5 28 shall, to every extent possible, be determined by experimental 5 29 trials when appropriate. The university shall cooperate with 5 30 other states engaged in conducting similar research. The 5 31 university shall seek financial support from public and 5 32 private sources in order to administer this section, including 5 33 associations representing agricultural producers. The 5 34 university shall report the findings and recommendations of 5 35 the study to the general assembly not later than January 15, 6 1 2003. 6 2 Sec. 4. Section 317.1, Code 1999, is amended by adding the 6 3 following new unnumbered paragraph: 6 4 NEW UNNUMBERED PARAGRAPH. "Industrial hemp" which is 6 5 produced as provided in section 159.41 or 266.39F is not a 6 6 noxious weed. 6 7 EXPLANATION 6 8 This bill provides for the production of industrial hemp 6 9 which has a percentage of tetrahydrocannabinol of not more 6 10 than 1 percent. 6 11 The bill requires the department of agriculture and land 6 12 stewardship, in cooperation with the department of public 6 13 safety, to administer a program to license persons involved in 6 14 industrial hemp production. The bill requires the department 6 15 to collaborate with agencies of the United States government, 6 16 including but not limited to the drug enforcement 6 17 administration in order to provide for the production and 6 18 possession of industrial hemp according to the terms and 6 19 conditions required by the United States government. The bill 6 20 provides that to the extent permitted by the United States 6 21 government, the department shall issue licenses to persons for 6 22 the production and possession of industrial hemp, 6 23 notwithstanding any other provision of the Code chapter 124 6 24 regulating controlled substances. The bill provides 6 25 requirements for applicants and persons involved in the 6 26 production or possession of industrial hemp. The bill 6 27 provides for the inspection of the premises and records of 6 28 licensees. The bill provides for the suspension or revocation 6 29 of a license. 6 30 The bill provides for research by Iowa state university 6 31 regarding the production and marketing of industrial hemp 6 32 which has a percentage of tetrahydrocannabinol of not more 6 33 than 1 percent. The bill provides an exception to the 6 34 restriction of Iowa's controlled substance Act and authorizes 6 35 the university to collaborate with agencies of the United 7 1 States government in order to produce and possess industrial 7 2 hemp according to the terms and conditions required by the 7 3 United States government. The bill requires the university to 7 4 cooperate with law enforcement agencies and the department of 7 5 agriculture and land stewardship in carrying out the bill's 7 6 provisions. The bill authorizes the university to conduct 7 7 research regarding the production of high-quality seed 7 8 varieties, the feasibility of producing industrial hemp in 7 9 this state as a profitable cash crop, the production of 7 10 industrial hemp having the lowest possible percentage of 7 11 tetrahydrocannabinol, the development of production practices, 7 12 the need for and availability of suitable equipment and 7 13 machinery, and market conditions affecting the economic 7 14 viability of industrial hemp production. The bill requires 7 15 the university to cooperate with other states engaged in 7 16 conducting similar research, and to seek financial support 7 17 from public and private sources. The bill requires the 7 18 university to report its findings and recommendations to the 7 19 general assembly not later than January 15, 2003. 7 20 The bill provides that licensees who violate the provisions 7 21 of the bill are subject to a civil penalty of up to $50,000. 7 22 The bill provides that a person who makes a false statement on 7 23 the application for a license regarding a conviction of a 7 24 felony, aggravated misdemeanor, or any other offense related 7 25 to the possession of a controlled substance is guilty of an 7 26 aggravated misdemeanor. 7 27 LSB 5350SV 78 7 28 da/as/5
Text: SF02412 Text: SF02414 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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