House File 2641 H-8280 Amend House File 2641 as follows: 1 1. Page 8, after line 16 by inserting: 2 < DIVISION ___ 3 HEMP 4 PART A 5 HEMP REGULATIONS 6 Sec. ___. Section 204.2, subsections 1, 4, 5, 10, 12, 14, 7 15, and 16, Code 2024, are amended by striking the subsections. 8 Sec. ___. Section 204.2, subsection 6, Code 2024, is amended 9 by striking the subsection and inserting in lieu thereof the 10 following: 11 6. “Department of health and human services” or “department” 12 means the principal central department established in section 13 7E.5, subsection 1, paragraph “i” . 14 Sec. ___. Section 204.2, subsection 9, Code 2024, is amended 15 by striking the subsection and inserting in lieu thereof the 16 following: 17 9. “Hemp” means the same as defined in section 204A.2. 18 Sec. ___. Section 204.7, subsections 1, 2, 3, 4, 5, 6, and 19 7, Code 2024, are amended by striking the subsections. 20 Sec. ___. Section 204.8, Code 2024, is amended by striking 21 the section and inserting in lieu thereof the following: 22 204.8 Hemp —— testing requirements and certificate of 23 analysis. 24 For purposes of this chapter, requirements for testing hemp 25 and the issuance of a certificate of analysis for hemp are 26 governed by chapter 204A. 27 Sec. ___. Section 204.12, subsection 2, Code 2024, is 28 amended by striking the subsection. 29 Sec. ___. Section 204.14, subsections 2 and 3, Code 2024, 30 are amended to read as follows: 31 2. a. Except as provided in paragraph “b” , the The person 32 is required to hold a certificate of analysis to possess, 33 handle, use, manufacture, market, transport, deliver, or 34 distribute hemp that has been harvested under this chapter . 35 -1- HF 2641.4060 (2) 90 da/ns 1/ 8 #1.
b. The person is required to hold a temporary harvest and 1 transportation permit to possess, harvest, or move hemp. 2 3. The person knowingly or intentionally does any of the 3 following: 4 a. Falsifies the temporary harvest and transportation permit 5 or a certificate of analysis. 6 b. Acquires the temporary harvest and transportation permit 7 or a certificate of analysis that the person knows has been 8 falsified. 9 Sec. ___. Section 204.15, Code 2024, is amended by striking 10 the section and inserting in lieu thereof the following: 11 204.15 Negligent violation program. 12 A USDA licensee who is participating in or has successfully 13 completed the program for negligent violations as provided in 7 14 C.F.R. §990.29 shall not be subject to a criminal offense under 15 chapter 124 or 453B for committing an act that otherwise would 16 constitute the offense. 17 Sec. ___. Section 204.17, subsection 1, Code 2024, is 18 amended by striking the subsection. 19 Sec. ___. Section 204.17, subsection 6, Code 2024, is 20 amended by striking the subsection and inserting in lieu 21 thereof the following: 22 6. Nothing in this chapter shall be construed or applied 23 to affect a statute or rule which applies to an article under 24 this chapter, if it would apply in the same manner as to other 25 articles subject to the same general regulation in other 26 chapters. 27 Sec. ___. NEW SECTION . 204A.2 Definitions. 28 As used in this chapter, unless the context otherwise 29 requires: 30 1. “Acceptable hemp THC level” means the same as defined in 31 7 C.F.R. §990.1. 32 2. “Cannabis” means the same as defined in 7 C.F.R. §990.1. 33 3. “Controlled substance” means the same as defined in 34 section 124.101. 35 -2- HF 2641.4060 (2) 90 da/ns 2/ 8
4. “Delta-9 tetrahydrocannabinol” or “THC” means the same as 1 defined in 7 C.F.R. §990.1. 2 5. “Department” means the department of agriculture and land 3 stewardship. 4 6. “Federal hemp law” means 7 U.S.C. §1639o, 1639q, and 5 1639r, together with the domestic hemp production program as 6 provided in 7 C.F.R. pt. 990. 7 7. “Hemp” means the same as defined in 7 C.F.R. §990.1. 8 8. “Local law enforcement agency” means an office of county 9 sheriff or a municipal police department. 10 9. “Lot” means the same as defined in 7 C.F.R. §990.1. 11 10. “Total THC” means the same as defined in 7 C.F.R. 12 §990.1. 13 11. “USDA licensee” means the same as defined in 7 C.F.R. 14 §990.1. 15 Sec. ___. NEW SECTION . 204A.3 Administration —— rules. 16 The department may adopt rules that it deems necessary to 17 administer and enforce this chapter. The rules shall comply 18 with the federal hemp law, or requirements of the United States 19 department of agriculture acting under the federal hemp law. 20 Sec. ___. NEW SECTION . 204A.4 Criminal offenses. 21 A criminal offense involving hemp includes but is not 22 limited to production, use, harvest, transportation, delivery, 23 distribution, or sale of cannabis as a controlled substance 24 except as otherwise provided in this chapter and chapter 204. 25 Sec. ___. NEW SECTION . 204A.5 Hemp production. 26 1. Except to the extent otherwise provided in the federal 27 hemp law, or by the United States department of agriculture 28 acting under the federal hemp law, this chapter does not affect 29 the powers and duties of the state, including the department of 30 public safety or a local law enforcement agency, to investigate 31 or prosecute a person for a violation of a criminal offense, 32 including an act in violation of chapter 124 or 453B. 33 2. a. Except to the extent otherwise provided in the 34 federal hemp law, or by the United States department of 35 -3- HF 2641.4060 (2) 90 da/ns 3/ 8
agriculture acting under the federal hemp law, the department 1 of public safety may require a USDA licensee to submit to the 2 department of public safety any of the following: 3 (1) A notice that the United States department of 4 agriculture’s lot includes cannabis that exceeds the acceptable 5 hemp THC level and a description of the noncompliant plant’s 6 disposal as required in 7 C.F.R. §990.27. 7 (2) A corrective action plan filed with the United States 8 department of agriculture to cure the negligent violation as 9 required in 7 C.F.R. §990.27. 10 (3) A notice of the United States department of 11 agriculture’s license suspension under 7 C.F.R. §990.30 or 12 United States department of agriculture’s license revocation 13 under 7 C.F.R. §990.31. 14 (4) A report or record required to be submitted to 15 the United States department of agriculture as part of 16 participation in the domestic hemp program as provided in 7 17 C.F.R. §990.32. 18 b. Any data or business information designated as 19 confidential by the United States department of agriculture 20 under this subsection and received by a government body as 21 defined in section 22.1 shall be a confidential record under 22 chapter 22 and subject to any restrictions imposed by the 23 United States department of agriculture. 24 Sec. ___. NEW SECTION . 204A.6 Hemp transportation. 25 Except to the extent otherwise provided in the federal 26 hemp law, including 7 C.F.R. §990.25, or by the United States 27 department of agriculture acting under the federal hemp law, a 28 person transporting hemp seed or harvested hemp in this state, 29 on an intrastate or interstate basis, is subject to all of the 30 following public safety requirements: 31 1. If the person is licensed under 7 C.F.R. ch. 990, subpt. 32 B or C, the person must carry a copy of that license. 33 2. The person must carry a certificate of analysis. 34 3. The person must carry a bill of lading under all of the 35 -4- HF 2641.4060 (2) 90 da/ns 4/ 8
following circumstances: 1 a. The person is in possession of the hemp in transit to 2 transfer ownership. 3 b. The person is delivering cannabis seed for planting and 4 the seed is not of the licensee’s own production. 5 c. A person brings hemp produced in another state into or 6 through this state. 7 Sec. ___. NEW SECTION . 204A.9 Statutory construction. 8 1. Nothing in this chapter shall be construed or applied to 9 be less stringent than required under the federal hemp law. 10 2. Nothing in this chapter shall be construed or applied 11 to be in conflict with applicable federal law and related 12 regulations. 13 3. Nothing in this chapter shall be construed or applied to 14 infringe upon the ability of the department of public safety 15 or a local law enforcement agency to obtain a search warrant 16 issued by a court, or enter onto any premises in a manner 17 consistent with the laws of this state and the United States, 18 including Article I, section 8, of the Constitution of the 19 State of Iowa, or the fourth amendment to the Constitution of 20 the United States. 21 4. Nothing in this chapter shall be construed or applied 22 to affect a statute or rule which applies to an article under 23 this chapter, if it would apply in the same manner as to other 24 articles subject to the same general regulation in other 25 chapters. 26 Sec. ___. REPEAL. Sections 204.3, 204.4, 204.5, 204.6, 27 204.9, 204.10, 204.11, 204.13, and 204.16, Code 2024, are 28 repealed. 29 Sec. ___. CODE EDITOR DIRECTIVE. 30 1. The Code editor is directed to make the following 31 transfers: 32 a. Section 204.1 to section 204A.1. 33 b. Section 204.14 to section 204A.7. 34 c. Section 204.15 to section 204A.8. 35 -5- HF 2641.4060 (2) 90 da/ns 5/ 8
2. The Code editor shall correct internal references in the 1 Code and in any enacted legislation as necessary due to the 2 enactment of this section. 3 PART B 4 CORRESPONDING CHANGES 5 Sec. ___. Section 124.201A, subsection 4, Code 2024, is 6 amended to read as follows: 7 4. Any cannabis-derived investigational product or 8 cannabis-derived product approved as a prescription drug 9 medication by the United States food and drug administration 10 shall not be considered marijuana or cannabimimetic agents, 11 both as defined in section 124.204 , tetrahydrocannabinols 12 as used in section 124.204, subsection 4 , paragraph “u” , 13 unnumbered paragraph 1, or hemp as defined in section 204.2 14 204A.2 . 15 Sec. ___. Section 124.204, subsection 7, paragraph a, Code 16 2024, is amended to read as follows: 17 a. Hemp as defined in section 204.2 204A.2, including hemp 18 that is or was produced in this state, or was produced in 19 another state , in accordance with the provisions of chapter 204 20 the federal hemp law as defined in chapter 204A, with a maximum 21 delta-9 tetrahydrocannabinol concentration that does not exceed 22 three-tenths of one percent on a dry weight basis. 23 Sec. ___. Section 124.401, subsection 6, paragraph a, Code 24 2024, is amended by striking the paragraph and inserting in 25 lieu thereof the following: 26 a. Hemp that is hemp seed, including hemp seed delivered 27 for planting at a lot by a USDA licensee or hemp that is or was 28 produced at a lot by a USDA licensee, in accordance with the 29 provisions of the federal hemp law, as those terms are defined 30 in chapter 204A. 31 Sec. ___. Section 124.401G, Code 2024, is amended by 32 striking the section and inserting in lieu thereof the 33 following: 34 124.401G Iowa hemp Act — negligent violation program. 35 -6- HF 2641.4060 (2) 90 da/ns 6/ 8
Notwithstanding any provision of this chapter to the 1 contrary, a person shall not be guilty of an offense under 2 this chapter, including under section 124.401 or 124.410, 3 for producing, possessing, using, harvesting, handling, 4 manufacturing, marketing, transporting, delivering, or 5 distributing the plant cannabis, to the extent that the person 6 is a USDA licensee acting in accordance with the federal hemp 7 law, as those terms are defined in chapter 204A. 8 Sec. ___. Section 124.506, subsection 5, Code 2024, is 9 amended by striking the subsection. 10 Sec. ___. Section 317.1D, Code 2024, is amended to read as 11 follows: 12 317.1D Exemption —— Iowa hemp Act. 13 This chapter does not apply to a plant or any part of the 14 plant qualifying as hemp, if the hemp is produced on a crop 15 site regulated under chapter 204 on the USDA licensee’s lot 16 in accordance with the federal hemp law, as those terms are 17 defined in chapter 204A . 18 Sec. ___. Section 453B.17, subsection 1, Code 2024, is 19 amended by striking the subsection and inserting in lieu 20 thereof the following: 21 1. Hemp as defined in section 204A.2, including hemp seed 22 delivered for planting at a lot by a USDA licensee or hemp that 23 is or was produced at a lot by a USDA licensee, in accordance 24 with the provisions of the federal hemp law, as those terms are 25 defined in chapter 204A. 26 Sec. ___. Section 453B.18, Code 2024, is amended by striking 27 the section and inserting in lieu thereof the following: 28 453B.18 Exemption —— Iowa hemp Act —— negligent violation 29 program. 30 Notwithstanding any provision of this chapter to the 31 contrary, a person shall not be guilty of an offense under this 32 chapter for producing or possessing the plant cannabis, to the 33 extent that the person is a USDA licensee acting in accordance 34 with the federal hemp law, as those terms are defined in 35 -7- HF 2641.4060 (2) 90 da/ns 7/ 8
chapter 204A. 1 Sec. ___. Section 716.14, subsection 1, paragraph b, Code 2 2024, is amended to read as follows: 3 b. “Agricultural crop” means a plant produced for food, 4 animal feed, fiber, oil, or fuel if the plant is classified 5 as a forage or cereal plant, including but not limited to 6 alfalfa, barley, buckwheat, corn, flax, forage, hemp as defined 7 in section 204.2 204A.2 , millet, oats, popcorn, rye, sorghum, 8 soybeans, sunflowers, wheat, and grasses used for forage or 9 silage. A plant which is a noxious weed pursuant to section 10 317.1A shall not be considered an agricultural crop unless the 11 plant is produced as a research crop. 12 PART C 13 EFFECTIVE DATE 14 Sec. ___. EFFECTIVE DATE. This division of this Act takes 15 effect December 31, 2024. > 16 2. Title page, line 3, after < appropriations, > by inserting 17 < providing penalties, > 18 3. By renumbering as necessary. 19 ______________________________ SEXTON of Calhoun -8- HF 2641.4060 (2) 90 da/ns 8/ 8 #2. #3.