House
File
2070
-
Introduced
HOUSE
FILE
2070
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
acreage
limitations
for
the
production
of
1
hemp,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
204.2,
subsection
5,
Code
2022,
is
1
amended
to
read
as
follows:
2
5.
“Crop
site”
or
“site”
means
a
single
contiguous
parcel
3
of
agricultural
land
suitable
for
the
planting,
growing,
or
4
harvesting
of
hemp
,
if
the
parcel
does
not
exceed
forty
acres
.
5
Sec.
2.
Section
204.4,
subsection
6,
Code
2022,
is
amended
6
to
read
as
follows:
7
6.
A
person
may
hold
any
number
of
licenses
at
the
same
8
time.
However,
the
9
a.
Except
as
provided
in
paragraph
“b”
,
a
person
shall
not
10
hold
a
legal
or
equitable
interest
in
a
licensed
crop
site
,
if
11
the
total
number
of
acres
of
all
licensed
crop
sites
in
which
12
the
person
holds
all
such
interests
equals
more
than
forty
13
acres.
14
b.
The
department
may
waive
the
prohibition
described
in
15
paragraph
“a”
if
it
determines
when
reviewing
the
person’s
16
license
application
that
all
of
the
following
apply:
17
(1)
The
person
has
entered
into
a
contract
for
the
sale
of
18
at
least
ninety
percent
of
the
hemp
expected
to
be
harvested
on
19
the
crop
site
as
described
in
the
application.
20
(2)
Any
harvested
hemp
sold
pursuant
to
the
contract
21
provided
in
subparagraph
(1)
is
used
as
follows:
22
(a)
For
fiber
or
grain.
23
(b)
To
produce
seeds,
if
such
seeds
are
used
for
planting
24
and
any
harvested
hemp
is
used
for
seed
production,
fiber,
or
25
grain.
26
c.
The
department
may
require
that
a
person
applying
for
27
a
license
provide
any
supporting
materials
as
required
by
the
28
department
to
approve
the
application.
29
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
30
importance,
takes
effect
upon
enactment.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
ACREAGE
LIMITATION
——
EXCEPTION.
This
bill
amends
Code
35
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chapter
204,
the
Iowa
Hemp
Act
(IHA)
(Code
section
204.1),
1
which
in
part
requires
the
department
of
agriculture
and
land
2
stewardship
(DALS)
to
regulate
the
production
of
hemp.
Hemp
3
is
defined
as
a
species
of
cannabis
(sativa
L.)
having
a
4
maximum
concentration
of
tetrahydrocannabinol
that
does
not
5
exceed
three-tenths
of
1
percent
on
a
dry
weight
basis
(Code
6
section
204.2).
DALS
is
required
to
establish
and
administer
a
7
process
to
issue
and
renew
one-year
hemp
licenses
to
qualified
8
producers
(Code
section
204.4).
DALS
may
issue
any
number
of
9
licenses
to
a
qualified
producer
so
long
as
all
licensed
crop
10
sites
do
not
exceed
a
total
of
40
acres.
The
bill
allows
DALS
11
to
waive
this
limitation
on
acres
reserved
for
production
if,
12
at
the
time
of
application,
it
determines
that
the
applicant
13
has
entered
into
a
contract
for
the
sale
of
at
least
90
percent
14
of
the
hemp
expected
to
be
harvested
at
the
applicant’s
crop
15
site.
In
addition,
the
harvested
hemp
sold
pursuant
to
the
16
contract
must
be
used
for:
(1)
grain
or
fiber,
or
(2)
seed
17
to
grow
hemp
for
seed
production,
grain,
or
fiber.
DALS
may
18
require
that
the
applicant
provide
any
supporting
materials
19
necessary
to
approve
the
application.
20
BACKGROUND.
The
IHA
must
comply
with
the
relevant
sections
21
of
the
federal
Agriculture
Improvement
Act
of
2018,
Pub.
L.
22
No.
115-334,
that
allows
states
and
tribes
to
assume
primary
23
regulatory
authority
over
the
production
of
hemp
by
submitting
24
a
plan
for
approval
by
the
United
States
department
of
25
agriculture
(USDA).
Effective
April
8,
2020,
the
secretary
of
26
agriculture
published
an
advisory
notice
that
the
state
plan
27
for
the
production
of
hemp
was
certified
by
the
USDA
in
IAB
28
Vol.
XLII,
No.
21
(4/8/20),
p.
2630.
29
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
30
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