As used in
this chapter, unless the context otherwise requires:
1. “Advertise” means to present a commercial message in any medium, including but not limited to print, radio, television, sign, display,
label, tag, or articulation.
2. “Consumable hemp product” means a hemp product that includes a substance that is metabolized or is otherwise subject to a biotransformative process
when introduced into the human body. a. A consumable hemp product may be introduced into the human body by ingestion or absorption by any device including but not
limited to an electronic device.
b. A consumable hemp product may exist in a solid or liquid state.
c. A hemp product is deemed to be a consumable hemp product if 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.
(b) Advertised as an item to be introduced into the human body.
(c) Distributed, exported, imported, offered for sale, or 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.
d. “Consumable hemp product” includes but is not limited to any of the following: (1) A noncombustible form of hemp that may be digested, such as food; internally absorbed, such as chew or snuff; or absorbed
through the skin, such as a topical application.
(2) Hemp processed or otherwise manufactured, marketed, sold, or distributed as food, a food additive, a dietary supplement, or
a drug.
e. “Consumable hemp product” does not include a hemp product if the intended use of the hemp product is introduction into the human body by any method
of inhalation, as prohibited under section 204.14A.
4. “Department of health and human services” or “department” means the principal central department established in section 7E.5, subsection 1, paragraph “i”.
5. “Distribute” means to transfer possession.
6. “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.
7. “Federal hemp law” means that part of Tit. X of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334, that authorizes hemp production according to a state plan approved by the United States department of agriculture, as provided
in §10113 of that Act, amending the Agricultural Marketing Act of 1946, 7 U.S.C. §1621 et seq., including by adding §297A through 297E.
9. a. “Hemp product” means an item derived from or made by processing hemp or parts of hemp, including but not limited to any item manufactured
from hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle board, plastic, hemp seed,
seed meal, or seed oil. b. “Hemp product” does not include any of the following: (1) (a) An item or part of an item that exceeds 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.
(2) Hemp seed that is capable of germination.
10. “Local law enforcement agency” means an office of county sheriff or a municipal police department.
11. “Registrant” means a person who is registered with the department of health and human services pursuant to section 204.7.
2019 Acts, ch 130, §2, 18, 19; 2020 Acts, ch 1065, §2, 3, 19; 2020 Acts, ch 1121, §107 – 109; 2021 Acts, ch 93, §37, 38; 2022 Acts, ch 1030, §1, 3; 2024 Acts, ch 1176, §1 – 3; 2024 Acts, ch 1177, §28 – 30, 55
204.7 Regulations — exemption for certain criminal offenses.
1. Except as provided in subsection 6, a consumable hemp product shall not be manufactured, sold, or consumed in this state unless
all of the following conditions are met: a. The consumable hemp product is manufactured in this state in compliance with this chapter.
b. The hemp contained in the consumable hemp product was produced exclusively in this state in compliance with this chapter.
c. 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. Each container storing a consumable hemp product 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.
d. 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.
2. a. A person is engaged in the retail sale of a consumable hemp product, if any of the following apply: (1) The person offers to distribute a consumable hemp product to a consumer in exchange for consideration.
(2) The person is an owner of a business that distributes consumable hemp products to consumers in exchange for consideration.
(3) 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.
b. 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.
3. A person manufacturing a consumable hemp product in this state shall register with the department of health and human services
on a form prescribed by the department of health and human services by rule. The department of health and human services may
impose a fee, established by the department of health and human services by rule, on a registrant not to exceed the cost of
processing the registration. The department of health and human services shall adopt rules for the revocation of a registration
issued to a manufacturer who manufactures a consumable hemp product not in compliance with this chapter.
4. A person selling a consumable hemp product in this state shall register with the department of health and human services on
a form prescribed by the department of health and human services by rule and shall keep on the premises of the person’s business
a copy of the certificate of analysis issued pursuant to section 204.8 for the hemp contained in the consumable hemp products sold by the person. The department of health and human services may
impose a fee, established by the department of health and human services by rule, on a registrant not to exceed the cost of
processing the registration. The department of health and human services shall adopt rules for the revocation of a registration
issued to a person who sells a consumable hemp product not in compliance with this section.
5. Except as otherwise provided in this section, a political subdivision of the state shall not adopt any ordinance, rule, or regulation regarding the manufacture, sale,
or consumption of a consumable hemp product.
6. A consumable hemp product manufactured in another jurisdiction pursuant to a state or tribal plan approved by the United States
department of agriculture pursuant to the federal hemp law may be imported for use by a consumer or sale by a retailer to
a consumer if the state has substantially similar testing requirements as those provided in section 204.8.
7. A consumable hemp product manufactured, sold, or consumed in compliance with this section is not a controlled substance under chapter 124 or 453B regardless of whether the consumable hemp product has been approved by the United States food and drug administration.
2019 Acts, ch 130, §7, 18, 19; 2020 Acts, ch 1065, §5 – 11, 19; 2020 Acts, ch 1121, §107 – 109; 2023 Acts, ch 19, §281, 282; 2024 Acts, ch 1154, §14; 2024 Acts, ch 1176, §4 – 6; 2024 Acts, ch 1177, §31, 55
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 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 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 distributed within this state shall contain the following notice on the
raw or dried product container:
3. A person required to be registered to manufacture or sell a consumable hemp product 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.
4. A person who violates this section is guilty of a serious misdemeanor.
5. 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 by a method
of inhalation.
2020 Acts, ch 1065, §17, 19; 2020 Acts, ch 1121, §107 – 109; 2024 Acts, ch 1154, §15; 2024 Acts, ch 1176, §8, 9; 2025 Acts, ch 30, §105
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.
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.
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 the person’s employment.