Senate
File
2110
-
Introduced
SENATE
FILE
2110
BY
SHIPLEY
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
person
shall
not
hold
a
legal
or
equitable
9
interest
in
a
licensed
crop
site,
if
the
total
number
of
acres
10
of
all
licensed
crop
sites
in
which
the
person
holds
all
such
11
interests
equals
more
than
forty
acres.
12
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
13
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
ACREAGE
LIMITATION
——
EXCEPTION.
This
bill
amends
Code
18
chapter
204,
the
Iowa
Hemp
Act
(IHA),
which
in
part
requires
19
the
department
of
agriculture
and
land
stewardship
(DALS)
to
20
regulate
the
production
of
hemp.
Hemp
is
defined
as
a
species
21
of
cannabis
(sativa
L.)
having
a
maximum
concentration
of
22
delta-9
tetrahydrocannabinol
that
does
not
exceed
three-tenths
23
of
1
percent
on
a
dry
weight
basis
(Code
section
204.2).
DALS
24
is
required
to
establish
and
administer
a
process
to
issue
25
and
renew
one-year
hemp
licenses
to
qualified
producers
(Code
26
section
204.4).
DALS
may
issue
any
number
of
licenses
to
a
27
qualified
producer
so
long
as
all
licensed
crop
sites
do
not
28
exceed
a
total
of
40
acres.
Until
June
30,
2022,
a
qualified
29
producer
is
subject
to
an
interim
license
fee
based
on
the
30
size
of
the
licensed
crop
site,
equaling
not
more
than
a
base
31
amount
plus
$5
per
acre.
The
base
amount
is
$500
for
a
licensed
32
crop
site
that
is
five
acres
or
less;
$750
for
a
licensed
crop
33
site
that
is
more
than
five
acres
but
not
more
than
10
acres;
34
and
$1,000
for
each
licensed
crop
site
that
is
more
than
10
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2110
acres.
During
the
interim
period,
the
producer
is
also
subject
1
to
an
annual
base
inspection
and
official
test
fee
of
not
more
2
than
$1,000.
On
and
after
June
30,
2022,
permanent
license
3
and
inspection
fees
are
established
by
rules
adopted
by
DALS
4
for
each
12-month
period
based
on
the
costs
of
administering
5
and
enforcing
the
IHA
which
may
be
based
on
the
size
of
a
6
licensed
crop
site
(Code
section
204.5).
The
bill
eliminates
7
the
requirements
that
(1)
a
licensed
crop
site
must
be
40
acres
8
or
less
and
(2)
the
total
number
of
acres
of
all
licensed
crop
9
sites
must
be
40
acres
or
less.
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.
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