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House File 319 - IntroducedA Bill ForAn Act 1providing that the plant Cannabis sativa L.,
2with a certain maximum concentration of delta-9
3tetrahydrocannabinol, is no longer defined as marijuana.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 4.1, Code 2019, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 15. “Marijuana” does not mean any part
4of the plant Cannabis sativa L., whether growing or not, if
5such plant, including the seeds thereof and all derivatives,
6extracts, cannabinoids, isomers, acids, salts, and salts of
7isomers, whether growing or not, has a maximum concentration of
8delta-9 tetrahydrocannabinol concentration that does not exceed
90.3 percent on a dry weight basis.
10 Sec. 2. Section 124.101, subsection 20, Code 2019, is
11amended to read as follows:
1220. a. “Marijuana” means all parts of the plants of the
13genus Cannabis, whether growing or not; the seeds thereof; the
14resin extracted from any part of the plant; and every compound,
15manufacture, salt, derivative, mixture or preparation of the
16plant, its seeds or resin, including tetrahydrocannabinols. It
17does not include the mature stalks of the plant, fiber produced
18from the stalks, oil or cake made from the seeds of the plant,
19any other compound, manufacture, salt, derivative, mixture, or
20preparation of the mature stalks (except the resin extracted
21therefrom), fiber, oil or cake or the sterilized seed of the
22plant which is incapable of germination.
23b. Notwithstanding paragraph “a”, “marijuana” does not
24include any part of the plant Cannabis sativa L., whether
25growing or not, if such plant, including the seeds thereof and
26all derivatives, extracts, cannabinoids, isomers, acids, salts,
27and salts of isomers, whether growing or not, has a maximum
28concentration of delta-9 tetrahydrocannabinol concentration
29that does not exceed 0.3 percent on a dry weight basis.
30 Sec. 3. Section 124.204, subsection 4, paragraph u, Code
312019, is amended to read as follows:
32u. (1) Tetrahydrocannabinols, except as otherwise
33provided by rules of the board for medicinal purposes,
34meaning tetrahydrocannabinols naturally contained in a plant
35of the genus Cannabis (Cannabis plant) as well as synthetic
-1-1equivalents of the substances contained in the Cannabis plant,
2or in the resinous extractives of such plant, and synthetic
3substances, derivatives, and their isomers with similar
4chemical structure and pharmacological activity to those
5substances contained in the plant, such as the following:
6(1) (a) 1 cis or trans tetrahydrocannabinol, and their
7optical isomers.
8(2) (b) 6 cis or trans tetrahydrocannabinol, and their
9optical isomers.
10(3) (c) 3,4 cis or trans tetrahydrocannabinol, and their
11optical isomers. (Since nomenclature of these substances
12is not internationally standardized, compounds of these
13structures, regardless of numerical designation of atomic
14positions covered.)
15(2) Subparagraph (1) does not apply to the plant of the
16genus Cannabis sativa L., whether growing or not, if such
17plant, including the seeds thereof and all derivatives,
18extracts, cannabinoids, isomers, acids, salts, and salts of
19isomers, whether growing or not, has a maximum concentration of
20delta-9 tetrahydrocannabinol concentration that does not exceed
210.3 percent on a dry weight basis.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill provides that the plant Cannabis sativa L., with
26a maximum concentration of delta-9 tetrahydrocannabinol that
27does not exceed 0.3 percent on a dry weight basis is no longer
28defined as marijuana and therefore is no longer subject to
29classification as a controlled substance or criminal penalty.
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2with a certain maximum concentration of delta-9
3tetrahydrocannabinol, is no longer defined as marijuana.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 4.1, Code 2019, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 15. “Marijuana” does not mean any part
4of the plant Cannabis sativa L., whether growing or not, if
5such plant, including the seeds thereof and all derivatives,
6extracts, cannabinoids, isomers, acids, salts, and salts of
7isomers, whether growing or not, has a maximum concentration of
8delta-9 tetrahydrocannabinol concentration that does not exceed
90.3 percent on a dry weight basis.
10 Sec. 2. Section 124.101, subsection 20, Code 2019, is
11amended to read as follows:
1220. a. “Marijuana” means all parts of the plants of the
13genus Cannabis, whether growing or not; the seeds thereof; the
14resin extracted from any part of the plant; and every compound,
15manufacture, salt, derivative, mixture or preparation of the
16plant, its seeds or resin, including tetrahydrocannabinols. It
17does not include the mature stalks of the plant, fiber produced
18from the stalks, oil or cake made from the seeds of the plant,
19any other compound, manufacture, salt, derivative, mixture, or
20preparation of the mature stalks (except the resin extracted
21therefrom), fiber, oil or cake or the sterilized seed of the
22plant which is incapable of germination.
23b. Notwithstanding paragraph “a”, “marijuana” does not
24include any part of the plant Cannabis sativa L., whether
25growing or not, if such plant, including the seeds thereof and
26all derivatives, extracts, cannabinoids, isomers, acids, salts,
27and salts of isomers, whether growing or not, has a maximum
28concentration of delta-9 tetrahydrocannabinol concentration
29that does not exceed 0.3 percent on a dry weight basis.
30 Sec. 3. Section 124.204, subsection 4, paragraph u, Code
312019, is amended to read as follows:
32u. (1) Tetrahydrocannabinols, except as otherwise
33provided by rules of the board for medicinal purposes,
34meaning tetrahydrocannabinols naturally contained in a plant
35of the genus Cannabis (Cannabis plant) as well as synthetic
-1-1equivalents of the substances contained in the Cannabis plant,
2or in the resinous extractives of such plant, and synthetic
3substances, derivatives, and their isomers with similar
4chemical structure and pharmacological activity to those
5substances contained in the plant, such as the following:
6(1) (a) 1 cis or trans tetrahydrocannabinol, and their
7optical isomers.
8(2) (b) 6 cis or trans tetrahydrocannabinol, and their
9optical isomers.
10(3) (c) 3,4 cis or trans tetrahydrocannabinol, and their
11optical isomers. (Since nomenclature of these substances
12is not internationally standardized, compounds of these
13structures, regardless of numerical designation of atomic
14positions covered.)
15(2) Subparagraph (1) does not apply to the plant of the
16genus Cannabis sativa L., whether growing or not, if such
17plant, including the seeds thereof and all derivatives,
18extracts, cannabinoids, isomers, acids, salts, and salts of
19isomers, whether growing or not, has a maximum concentration of
20delta-9 tetrahydrocannabinol concentration that does not exceed
210.3 percent on a dry weight basis.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill provides that the plant Cannabis sativa L., with
26a maximum concentration of delta-9 tetrahydrocannabinol that
27does not exceed 0.3 percent on a dry weight basis is no longer
28defined as marijuana and therefore is no longer subject to
29classification as a controlled substance or criminal penalty.
-2-da/rn