House
File
2605
H-8182
Amend
the
amendment,
H-8180,
to
House
File
2605,
as
follows:
1
1.
By
striking
page
1,
line
1,
through
page
7,
line
20,
and
2
inserting:
3
<
Amend
House
File
2605
as
follows:
4
1.
By
striking
everything
after
the
enacting
clause
and
5
inserting:
6
<
DIVISION
I
7
IOWA
HEMP
ACT
8
Section
1.
Section
204.2,
Code
2024,
is
amended
by
adding
9
the
following
new
subsections:
10
NEW
SUBSECTION
.
01.
“Advertise”
means
to
present
a
11
commercial
message
in
any
medium,
including
but
not
limited
to
12
print,
radio,
television,
sign,
display,
text
message,
label,
13
tag,
or
articulation.
14
NEW
SUBSECTION
.
6A.
“Distribute”
means
to
transfer
15
possession.
16
NEW
SUBSECTION
.
15A.
“Registrant”
means
a
person
who
is
17
registered
with
the
department
of
health
and
human
services
and
18
the
department
of
revenue
pursuant
to
section
204.7.
19
Sec.
2.
Section
204.2,
subsection
2,
paragraph
c,
Code
2024,
20
is
amended
to
read
as
follows:
21
c.
A
hemp
product
is
deemed
to
be
a
consumable
hemp
product
22
if
it
is
any
of
the
following
all
of
the
following
apply
:
23
(1)
It
is
any
of
the
following:
24
(a)
Designed
by
the
processor,
including
the
manufacturer,
25
to
be
introduced
into
the
human
body.
26
(2)
(b)
Advertised
as
an
item
to
be
introduced
into
the
27
human
body.
28
(3)
(c)
Distributed,
exported,
or
imported
,
offered
for
29
sale
,
or
distribution
sold
to
be
introduced
into
the
human
30
body.
31
(2)
Its
maximum
tetrahydrocannabinol
concentration
is
less
32
than
or
equal
to
the
maximum
tetrahydrocannabinol
concentration
33
allowed
under
section
124.204,
subsection
7.
34
Sec.
3.
Section
204.7,
subsection
8,
paragraph
a,
35
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8
#1.
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
1
(3)
The
consumable
hemp
product
complies
with
packaging
2
and
labeling
requirements,
which
shall
be
established
by
rules
3
adopted
by
the
department
of
health
and
human
services
by
rule
.
4
Sec.
4.
Section
204.7,
subsection
8,
paragraph
a,
Code
2024,
5
is
amended
by
adding
the
following
new
subparagraphs:
6
NEW
SUBPARAGRAPH
.
(4)
The
consumable
hemp
product
complies
7
with
restrictions
upon
the
sale
or
other
distribution
of
a
8
consumable
hemp
product
established
by
rules
adopted
by
the
9
department
of
health
and
human
services.
10
NEW
SUBPARAGRAPH
.
(5)
The
consumable
hemp
product
meets
11
requirements
for
total
delta-9
tetrahydrocannabinol
potency
on
12
a
per
serving
and
per
container
basis,
as
set
forth
by
rules
13
adopted
by
the
department
of
health
and
human
services.
14
Sec.
5.
Section
204.7,
subsection
8,
Code
2024,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
0b.
(1)
A
person
is
engaged
in
the
retail
17
sale
of
a
consumable
hemp
product,
if
any
of
the
following
18
apply:
19
(a)
The
person
offers
to
distribute
a
consumable
hemp
20
product
to
a
consumer
in
exchange
for
consideration.
21
(b)
The
person
is
an
owner
of
a
business
that
distributes
22
consumable
hemp
products
to
consumers
in
exchange
for
23
consideration.
24
(c)
The
person
is
a
business
that
distributes
consumable
25
hemp
products
to
consumers
in
exchange
for
consideration
and
26
presents
a
consumable
hemp
product
to
a
consumer
in
the
form
27
of
a
gift.
28
(2)
A
person,
including
a
business,
is
engaged
in
the
sale
29
of
a
consumable
hemp
product
regardless
of
whether
the
person
30
is
registered
with
the
department
of
health
and
human
services
31
and
the
department
of
revenue
as
provided
in
this
section.
32
Sec.
6.
Section
204.7,
subsection
8,
paragraphs
b
and
c,
33
Code
2024,
are
amended
to
read
as
follows:
34
b.
A
person
manufacturing
a
consumable
hemp
product
in
this
35
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state
shall
register
with
the
department
of
health
and
human
1
services
and
the
department
of
revenue
on
a
form
prescribed
by
2
the
department
of
health
and
human
services
by
rule
adopted
3
jointly
by
both
departments
.
The
department
of
health
and
4
human
services
and
the
department
of
revenue
may
impose
a
fee,
5
established
by
the
department
of
health
and
human
services
6
jointly
by
rule,
on
a
registrant
not
to
exceed
the
cost
of
7
processing
the
registration.
The
department
of
health
and
8
human
services
and
the
department
of
revenue
shall
jointly
9
adopt
rules
for
the
revocation
of
a
registration
issued
to
a
10
manufacturer
who
manufactures
a
consumable
hemp
product
not
in
11
compliance
with
this
chapter
.
12
c.
A
person
selling
a
consumable
hemp
product
in
this
13
state
shall
register
with
the
department
of
health
and
human
14
services
and
the
department
of
revenue
on
a
form
prescribed
by
15
the
department
of
health
and
human
services
by
rule
and
rule
16
adopted
jointly
by
both
departments.
The
person
shall
keep
on
17
the
premises
of
the
person’s
business
a
copy
of
the
certificate
18
of
analysis
issued
pursuant
to
section
204.8
for
the
hemp
19
contained
in
the
consumable
hemp
products
sold
by
the
person.
20
The
department
of
health
and
human
services
may
impose
and
the
21
department
of
revenue
may
jointly
adopt
by
rule
a
registration
22
fee
,
established
by
the
department
of
health
and
human
services
23
by
rule,
imposed
on
a
registrant
not
to
exceed
the
cost
of
24
processing
the
registration.
The
department
of
health
and
25
human
services
and
the
department
of
revenue
shall
jointly
26
adopt
rules
for
the
revocation
of
a
registration
issued
to
a
27
person
who
sells
a
consumable
hemp
product
not
in
compliance
28
with
this
section
.
29
Sec.
7.
Section
204.12,
subsection
1,
Code
2024,
is
amended
30
to
read
as
follows:
31
1.
A
Unless
another
civil
penalty
is
otherwise
provided
in
32
this
chapter,
a
person
who
violates
a
provision
of
this
chapter
33
is
subject
to
a
civil
penalty
of
not
less
than
five
hundred
34
dollars
and
not
more
than
two
thousand
five
hundred
dollars.
35
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The
department
shall
impose,
assess,
and
collect
the
civil
1
penalty.
Each
day
that
a
continuing
violation
occurs
may
be
2
considered
a
separate
offense.
3
Sec.
8.
Section
204.14A,
Code
2024,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
1A.
A
person
shall
not
possess,
use,
6
manufacture,
market,
transport,
deliver,
or
distribute
a
7
consumable
hemp
product
if
it
is
capable
of
inhalation
by
using
8
either
method
described
in
subsection
1,
paragraph
“b”
or
“c”
.
9
Sec.
9.
Section
204.14A,
subsection
2,
Code
2024,
is
amended
10
to
read
as
follows:
11
2.
A
person
who
violates
subsection
1
or
1A
is
guilty
of
a
12
serious
misdemeanor.
13
Sec.
10.
NEW
SECTION
.
204.14B
Sale
of
consumable
hemp
14
product
——
failure
to
register
——
civil
penalty.
15
1.
A
person
engaged
in
the
retail
sale
of
a
consumable
16
hemp
product
in
this
state
without
being
registered
with
the
17
department
of
health
and
human
services
as
required
in
section
18
204.7
shall
be
subject
to
a
civil
penalty
of
not
more
than
ten
19
thousand
dollars.
The
department
of
health
and
human
services
20
shall
impose,
assess,
and
collect
the
civil
penalty.
Each
day
21
that
a
continuing
violation
occurs
may
be
considered
a
separate
22
offense.
23
2.
All
civil
penalties
collected
under
this
section
shall
be
24
deposited
into
the
general
fund
of
the
state.
25
3.
A
person
in
violation
of
this
section
is
not
also
subject
26
to
a
civil
penalty
as
provided
in
section
204.12.
27
Sec.
11.
NEW
SECTION
.
204.14C
Sale
of
consumable
hemp
28
product
——
failure
to
register
——
criminal
penalty.
29
1.
a.
A
person
engaged
in
the
retail
sale
of
a
consumable
30
hemp
product
who
is
not
registered
with
the
department
of
31
health
and
human
services
as
required
in
section
204.7
commits
32
a
serious
misdemeanor.
33
b.
A
person
engaged
in
the
retail
sale
of
an
item
advertised
34
as
a
consumable
hemp
product
that
is
not
a
consumable
hemp
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product
commits
a
serious
misdemeanor.
1
2.
This
section
shall
be
presumed
not
to
be
in
conflict
with
2
or
limit
a
prosecution
for
a
violation
of
any
other
provision
3
of
law,
including
but
not
limited
to
chapter
124
or
21
U.S.C.
4
ch.
13.
5
Sec.
12.
NEW
SECTION
.
204.14D
Persons
under
legal
age
——
6
criminal
offense.
7
1.
A
person
shall
not
sell,
give,
or
otherwise
distribute
8
a
consumable
hemp
product
to
a
person
under
twenty-one
years
9
of
age.
10
2.
A
person
who
violates
subsection
1
is
guilty
of
a
simple
11
misdemeanor.
12
Sec.
13.
NEW
SECTION
.
204.14E
Persons
under
legal
age
——
13
scheduled
violation
and
community
service.
14
1.
A
person
under
twenty-one
years
of
age
shall
not
consume,
15
possess,
purchase,
or
attempt
to
purchase
a
consumable
hemp
16
product.
17
2.
A
person
who
violates
subsection
1
shall
be
subject
to
a
18
scheduled
violation
in
the
form
of
a
civil
penalty
pursuant
to
19
section
805.8C,
subsection
3,
paragraph
“d”
.
20
3.
In
addition
to
the
imposition
of
a
civil
penalty
as
21
provided
in
subsection
2,
a
person
who
violates
subsection
1
22
shall
be
subject
to
a
court
appearance
as
provided
in
section
23
805.10.
The
court
shall
sentence
the
person
to
perform
a
24
specified
number
of
hours
of
unpaid
community
service
as
deemed
25
appropriate
by
the
court
subject
to
the
following:
26
a.
For
a
first
violation,
eight
hours,
unless
waived
by
the
27
court.
28
b.
For
a
second
offense,
twelve
hours.
29
c.
For
a
third
or
subsequent
offense,
sixteen
hours.
30
4.
A
person
who
violates
this
section
is
not
subject
to
a
31
civil
penalty
as
provided
in
section
204.12.
32
5.
A
person
does
not
violate
subsection
1
by
possessing
33
a
consumable
hemp
product
if
the
person
is
employed
by
a
34
registrant
and
the
person
is
possessing
the
consumable
hemp
35
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product
as
part
of
their
employment.
1
Sec.
14.
NEW
SECTION
.
204.14F
Persons
under
legal
age
——
2
exception
——
cooperation
with
department
of
public
safety
or
3
local
law
enforcement
agency.
4
1.
a.
A
person
who
would
otherwise
act
to
commit
an
offense
5
under
section
204.14D
is
not
guilty
of
that
offense
if
the
6
person
acts
under
the
direction
or
consent
of
the
department
7
of
public
safety
or
a
local
law
enforcement
agency
as
part
of
8
an
enforcement
investigation.
9
b.
A
person
who
would
otherwise
act
to
commit
a
violation
10
under
section
204.14E
is
not
subject
to
that
offense
if
the
11
person
acts
under
the
direction
or
consent
of
the
department
12
of
public
safety
or
a
local
law
enforcement
agency
as
part
of
13
an
enforcement
investigation.
14
2.
In
enforcing
this
section,
the
department
of
public
15
safety
or
a
local
law
enforcement
agency
shall
take
all
16
measures
necessary
to
ensure
that
a
consumable
hemp
product
17
is
not
introduced
into
the
body
of
a
person
under
the
age
of
18
twenty-one.
19
3.
Notwithstanding
chapter
22,
any
personal
information
20
identifying
the
person
committing
an
offense
or
violation
as
21
described
in
this
section
shall
be
confidential.
22
Sec.
15.
NEW
SECTION
.
204.15A
Hemp
products
——
order
of
23
confiscation
and
disposal.
24
1.
The
department
of
health
and
human
services
may
order
the
25
confiscation
and
disposal
of
a
hemp
product
based
on
any
of
the
26
following:
27
a.
It
is
falsely
advertised,
sold,
or
distributed
as
a
28
consumable
hemp
product.
29
b.
It
exceeds
the
maximum
tetrahydrocannabinol
concentration
30
allowed
under
section
124.204,
subsection
7,
or
this
chapter.
31
c.
It
is
a
consumable
hemp
product
manufactured,
sold,
32
or
distributed
by
a
person
who
is
not
registered
with
the
33
department
of
health
and
human
services
as
is
required
in
34
section
204.7.
35
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2.
The
department
of
health
and
human
services
shall
act
1
in
consultation
with
the
department
of
public
safety.
The
2
department
of
health
and
human
services
may
request
assistance
3
from
the
department
of
public
safety
or
a
local
law
enforcement
4
agency
as
necessary
to
carry
out
the
provisions
of
this
5
section.
The
department
of
health
and
human
services,
upon
6
request,
shall
deliver
any
sample
of
the
item
to
the
department
7
of
public
safety
or
a
local
law
enforcement
agency.
8
3.
A
person
required
to
be
registered
with
the
department
of
9
health
and
human
services
as
provided
in
section
204.7
shall
10
pay
the
department
of
health
and
human
services
all
actual
11
and
reasonable
costs
of
the
destruction
of
the
item.
If
that
12
department
assumes
any
amount
of
the
costs,
it
may
charge
that
13
amount
to
the
person.
14
Sec.
16.
Section
805.8C,
subsection
3,
Code
2024,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
d.
(1)
For
violations
of
section
204.14E,
17
the
scheduled
fine
is
as
follows:
18
(a)
If
the
violation
is
a
first
offense,
the
scheduled
fine
19
is
seventy
dollars.
20
(b)
If
the
violation
is
a
second
offense,
the
scheduled
fine
21
is
one
hundred
thirty-five
dollars.
22
(c)
If
the
violation
is
a
third
or
subsequent
offense,
the
23
scheduled
fine
is
three
hundred
twenty-five
dollars.
24
(2)
The
fine
shall
be
imposed
as
a
civil
penalty.
25
(3)
The
crime
services
surcharge
under
section
911.1
shall
26
not
be
added
to
the
penalty,
and
the
court
costs
pursuant
to
27
section
805.9,
subsection
6,
shall
not
be
imposed.
28
(4)
Notwithstanding
section
805.12,
any
civil
penalty
paid
29
under
this
subsection
shall
be
retained
by
the
city
or
county
30
enforcing
the
violation.
31
Sec.
17.
Section
805.10,
subsection
1,
Code
2024,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
e.
When
a
violation
charged
involves
the
34
consumption,
possession,
purchase,
or
attempt
to
purchase
of
35
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a
consumable
hemp
product
as
provided
in
section
204.14E,
for
1
which
there
is
a
community
service
sentence.
2
DIVISION
II
3
REGULATION
OF
ALCOHOLIC
BEVERAGES
4
Sec.
18.
Section
123.49,
subsection
2,
Code
2024,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
l.
Sell,
give,
or
otherwise
supply
any
7
alcoholic
beverage
containing
tetrahydrocannabinol
as
described
8
in
chapter
124,
including
any
isomers,
derivatives,
or
analogs
9
of
tetrahydrocannabinol,
whether
naturally
occurring
or
10
synthesized,
to
any
person
on
the
licensed
premises.
11
Sec.
19.
NEW
SECTION
.
123.49A
Restriction
on
alcoholic
12
beverages
containing
tetrahydrocannabinol.
13
A
holder
of
a
license,
permit,
or
certificate
of
compliance
14
issued
by
the
department
under
this
chapter
shall
not
15
manufacture,
import,
or
sell
at
wholesale
in
this
state
an
16
alcoholic
beverage
containing
tetrahydrocannabinol
as
described
17
in
chapter
124,
including
any
isomers,
derivatives,
or
analogs
18
of
tetrahydrocannabinol,
whether
naturally
occurring
or
19
synthesized.
>>
20
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