House
File
2088
-
Introduced
HOUSE
FILE
2088
BY
MOMMSEN
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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da/ns
H.F.
2088
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
one
5
hundred
acres.
6
Sec.
2.
Section
204.4,
subsection
6,
Code
2022,
is
amended
7
to
read
as
follows:
8
6.
A
person
may
hold
any
number
of
licenses
at
the
same
9
time.
However,
the
person
shall
not
hold
a
legal
or
equitable
10
interest
in
a
licensed
crop
site,
if
the
total
number
of
acres
11
of
all
licensed
crop
sites
in
which
the
person
holds
all
such
12
interests
equals
more
than
forty
one
hundred
acres.
13
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
14
importance,
takes
effect
upon
enactment.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
ACREAGE
LIMITATION
——
EXCEPTION.
This
bill
amends
Code
19
chapter
204,
the
Iowa
Hemp
Act
(IHA),
which
in
part
requires
20
the
department
of
agriculture
and
land
stewardship
(DALS)
to
21
regulate
the
production
of
hemp.
Hemp
is
defined
as
a
species
22
of
cannabis
(sativa
L.)
having
a
maximum
concentration
of
23
delta-9
tetrahydrocannabinol
that
does
not
exceed
three-tenths
24
of
1
percent
on
a
dry
weight
basis
(Code
section
204.2).
DALS
25
is
required
to
establish
and
administer
a
process
to
issue
26
and
renew
one-year
hemp
licenses
to
qualified
producers
(Code
27
section
204.4).
Until
June
30,
2022,
a
qualified
producer
is
28
subject
to
an
interim
license
fee
based
on
the
size
of
the
29
licensed
crop
site,
equaling
not
more
than
a
base
amount
plus
30
$5
per
acre.
The
base
amount
is
$500
for
a
licensed
crop
site
31
that
is
five
acres
or
less;
$750
for
a
licensed
crop
site
that
32
is
more
than
five
acres
but
not
more
than
10
acres;
and
$1,000
33
for
each
licensed
crop
site
that
is
more
than
10
acres.
During
34
the
interim
period,
the
producer
is
also
subject
to
an
annual
35
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2088
base
inspection
and
official
test
fee
of
not
more
than
$1,000.
1
On
and
after
June
30,
2022,
permanent
license
and
inspection
2
fees
are
established
by
rules
adopted
by
DALS
for
each
12-month
3
period
based
on
the
costs
of
administering
and
enforcing
the
4
IHA
which
may
be
based
on
the
size
of
a
licensed
crop
site
(Code
5
section
204.5).
Two
compatible
acreage
limits
apply:
(1)
a
6
licensed
crop
site
must
be
40
acres
or
less
and
(2)
the
total
7
number
of
acres
of
all
licensed
crop
sites
must
be
40
acres
or
8
less.
The
bill
increases
these
limits
to
100
acres
(amended
9
Code
sections
204.2
and
204.4).
10
BACKGROUND.
The
IHA
must
comply
with
the
relevant
sections
11
of
the
federal
Agriculture
Improvement
Act
of
2018,
Pub.
L.
12
No.
115-334,
that
allows
states
and
tribes
to
assume
primary
13
regulatory
authority
over
the
production
of
hemp
by
submitting
14
a
plan
for
approval
by
the
United
States
department
of
15
agriculture
(USDA).
Effective
April
8,
2020,
the
secretary
of
16
agriculture
published
an
advisory
notice
that
the
state
plan
17
for
the
production
of
hemp
was
certified
by
the
United
States
18
department
of
agriculture
in
IAB
Vol.
XLII,
No.
21
(4/8/20),
19
p.
2630.
20
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
21
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