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 -1- H 8180.3584 (1) 90 da/ns 1/ 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 -2- H 8180.3584 (1) 90 da/ns 2/ 8
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 -3- H 8180.3584 (1) 90 da/ns 3/ 8
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 35 -4- H 8180.3584 (1) 90 da/ns 4/ 8
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 -5- H 8180.3584 (1) 90 da/ns 5/ 8
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 -6- H 8180.3584 (1) 90 da/ns 6/ 8
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 -7- H 8180.3584 (1) 90 da/ns 7/ 8
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 ______________________________ KONFRST of Polk -8- H 8180.3584 (1) 90 da/ns 8/ 8