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House Study Bill 572 - IntroducedA Bill ForAn Act 1prohibiting hemp and hemp products intended for
2inhalation, providing penalties, making penalties
3applicable, and including implementation and effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 204.2, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4A. “Federal Food, Drug, and Cosmetic Act”
4means the Act so entitled as codified in 21 U.S.C. §301 et
5seq., including regulations adopted pursuant to that Act by the
6United States food and drug administration under the Code of
7Federal Regulations, Title 21.
8 Sec. 2. Section 204.7, subsection 9, Code 2020, is amended
9to read as follows:
109. a. Except as otherwise provided in section 204.14A, all
11of the following apply:
12(1) A person may engage in the retail sale of a hemp
13product if the hemp was produced in this state or another state
14in compliance with the federal hemp law or other applicable
15federal law. A person may engage in the retail sale of a hemp
16product if the hemp was produced in another jurisdiction in
17compliance with applicable federal law and the laws of the
18other jurisdiction, if such law is substantially the same as
19applicable federal law.
20b. (2) To the extent consistent with applicable federal
21law, a derivative of hemp, including hemp-derived cannabidiol,
22may be added to cosmetics, personal care products, and products
23intended for human or animal consumption. The addition of such
24a derivative shall not be considered an adulteration of the
25product, unless otherwise provided in applicable federal law.
26c. (3) A person may transport a hemp product within and
27through this state and may export a hemp product to any foreign
28nation, in accordance with applicable federal law and the law
29of the foreign nation.
30d. b. A hemp product complying with this subsection
31paragraph “a” is not a controlled substance under chapter 124
32or 453B.
33 Sec. 3. NEW SECTION. 204.14A Criminal offense —
34inhalation.
351. A person shall not possess, use, manufacture, market,
-1-1transport, deliver, or distribute harvested hemp or a hemp
2product if the intended use of the harvested hemp or hemp
3product is introduction into the body of a human or animal by
4any method of inhalation, including any of the following:
5a. Smoke produced from combustion.
6b. A type of article that uses a heating element, power
7source, electronic circuit, or other electronic, chemical, or
8mechanical process.
9c. A device, including but not limited to a cigarette,
10cigar, cigarillo, or pipe, regardless of whether such device
11produces smoke or vapor.
122. A person who violates subsection 1 is guilty of a serious
13misdemeanor.
143. This section does not apply to the extent that federal
15law, including the federal Food, Drug, and Cosmetic Act,
16authorizes as its intended use the introduction of harvested
17hemp or a hemp product into the body of a human or animal by a
18method of inhalation.
19 Sec. 4. CONTINGENT IMPLEMENTATION.
20This Act shall be implemented, including administered
21and enforced, by the department of agriculture and land
22stewardship, the department of public safety, and local law
23enforcement agencies, beginning on the date that the provisions
24of chapter 204 are implemented as provided in 2019 Iowa Acts,
25chapter 130, section 18, subsection 1.
26 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate
27importance, takes effect upon enactment.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31INHALATION. This bill prohibits a person from possessing,
32using, manufacturing, marketing, transporting, delivering, or
33distributing harvested hemp or a hemp product if the intended
34use of the harvested hemp or hemp product is introduction into
35the body of a human or animal by any method of inhalation
-2-1(e.g., cigarette, cigar, cigarillo, or pipe). The prohibition
2does not apply to the extent that federal law, including
3the federal Food, Drug, and Cosmetic Act, authorizes as its
4intended use the introduction of harvested hemp or a hemp
5product by a method of inhalation.
6BACKGROUND. The bill amends provisions enacted in 2019 Iowa
7Acts, chapter 130 (Iowa’s 2019 Act), including new Code chapter
8204, the “Iowa Hemp Act” (IHA) (see Code section 204.1),
9authorizing the production of a certain type of cannabis
10(sativa L.) and providing for the manufacture, sale, and
11transportation of hemp products, if the hemp or hemp product
12has a delta-9 tetrahydrocannabinol (THC) concentration of not
13more than 0.3 percent on a dry weight basis (Code section
14204.2). Iowa’s 2019 Act was enacted after the enactment of
15the federal Agriculture Improvement Act of 2018, commonly
16known as the 2018 farm bill, including provisions allowing the
17production of hemp (7 U.S.C. §1639o et seq.). The federal
18hemp law allows states and tribes to assume primary regulatory
19authority over the production of hemp by submitting a plan
20for approval by the United States department of agriculture
21(USDA). The USDA has neither approved nor disapproved Iowa’s
22state plan. By its own terms, the federal hemp law does
23not affect or modify the federal Food, Drug, and Cosmetic
24Act (21 U.S.C. §301 et seq.), and therefore it preserves the
25authority of the United States food and drug administration
26to regulate articles that may be introduced in the body of a
27human or animal (see 7 U.S.C. §1639r). Generally, the IHA is
28to be implemented on the publication date of that edition of
29the Iowa administrative bulletin that includes a statement
30by the department of agriculture and land stewardship (DALS)
31certifying USDA approval of the state plan.
32PENALTIES. The bill provides that a person who violates
33the bill’s provisions is guilty of a serious misdemeanor which
34is punishable by confinement for no more than one year and
35a fine of at least $315 but not more than $1,875. A person
-3-1who violates the bill’s provisions is also subject to a civil
2penalty of not less than $500 and not more than $2,500 that
3DALS may impose, assess, and collect for any violation of the
4IHA (Code section 204.12).
5IMPLEMENTATION DATE. The bill is to be implemented on the
6same date as the IHA.
7EFFECTIVE DATE. The bill takes effect upon enactment.
-4-da/ns
2inhalation, providing penalties, making penalties
3applicable, and including implementation and effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 204.2, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4A. “Federal Food, Drug, and Cosmetic Act”
4means the Act so entitled as codified in 21 U.S.C. §301 et
5seq., including regulations adopted pursuant to that Act by the
6United States food and drug administration under the Code of
7Federal Regulations, Title 21.
8 Sec. 2. Section 204.7, subsection 9, Code 2020, is amended
9to read as follows:
109. a. Except as otherwise provided in section 204.14A, all
11of the following apply:
12(1) A person may engage in the retail sale of a hemp
13product if the hemp was produced in this state or another state
14in compliance with the federal hemp law or other applicable
15federal law. A person may engage in the retail sale of a hemp
16product if the hemp was produced in another jurisdiction in
17compliance with applicable federal law and the laws of the
18other jurisdiction, if such law is substantially the same as
19applicable federal law.
20b. (2) To the extent consistent with applicable federal
21law, a derivative of hemp, including hemp-derived cannabidiol,
22may be added to cosmetics, personal care products, and products
23intended for human or animal consumption. The addition of such
24a derivative shall not be considered an adulteration of the
25product, unless otherwise provided in applicable federal law.
26c. (3) A person may transport a hemp product within and
27through this state and may export a hemp product to any foreign
28nation, in accordance with applicable federal law and the law
29of the foreign nation.
30d. b. A hemp product complying with this subsection
31paragraph “a” is not a controlled substance under chapter 124
32or 453B.
33 Sec. 3. NEW SECTION. 204.14A Criminal offense —
34inhalation.
351. A person shall not possess, use, manufacture, market,
-1-1transport, deliver, or distribute harvested hemp or a hemp
2product if the intended use of the harvested hemp or hemp
3product is introduction into the body of a human or animal by
4any method of inhalation, including any of the following:
5a. Smoke produced from combustion.
6b. A type of article that uses a heating element, power
7source, electronic circuit, or other electronic, chemical, or
8mechanical process.
9c. A device, including but not limited to a cigarette,
10cigar, cigarillo, or pipe, regardless of whether such device
11produces smoke or vapor.
122. A person who violates subsection 1 is guilty of a serious
13misdemeanor.
143. This section does not apply to the extent that federal
15law, including the federal Food, Drug, and Cosmetic Act,
16authorizes as its intended use the introduction of harvested
17hemp or a hemp product into the body of a human or animal by a
18method of inhalation.
19 Sec. 4. CONTINGENT IMPLEMENTATION.
20This Act shall be implemented, including administered
21and enforced, by the department of agriculture and land
22stewardship, the department of public safety, and local law
23enforcement agencies, beginning on the date that the provisions
24of chapter 204 are implemented as provided in 2019 Iowa Acts,
25chapter 130, section 18, subsection 1.
26 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate
27importance, takes effect upon enactment.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31INHALATION. This bill prohibits a person from possessing,
32using, manufacturing, marketing, transporting, delivering, or
33distributing harvested hemp or a hemp product if the intended
34use of the harvested hemp or hemp product is introduction into
35the body of a human or animal by any method of inhalation
-2-1(e.g., cigarette, cigar, cigarillo, or pipe). The prohibition
2does not apply to the extent that federal law, including
3the federal Food, Drug, and Cosmetic Act, authorizes as its
4intended use the introduction of harvested hemp or a hemp
5product by a method of inhalation.
6BACKGROUND. The bill amends provisions enacted in 2019 Iowa
7Acts, chapter 130 (Iowa’s 2019 Act), including new Code chapter
8204, the “Iowa Hemp Act” (IHA) (see Code section 204.1),
9authorizing the production of a certain type of cannabis
10(sativa L.) and providing for the manufacture, sale, and
11transportation of hemp products, if the hemp or hemp product
12has a delta-9 tetrahydrocannabinol (THC) concentration of not
13more than 0.3 percent on a dry weight basis (Code section
14204.2). Iowa’s 2019 Act was enacted after the enactment of
15the federal Agriculture Improvement Act of 2018, commonly
16known as the 2018 farm bill, including provisions allowing the
17production of hemp (7 U.S.C. §1639o et seq.). The federal
18hemp law allows states and tribes to assume primary regulatory
19authority over the production of hemp by submitting a plan
20for approval by the United States department of agriculture
21(USDA). The USDA has neither approved nor disapproved Iowa’s
22state plan. By its own terms, the federal hemp law does
23not affect or modify the federal Food, Drug, and Cosmetic
24Act (21 U.S.C. §301 et seq.), and therefore it preserves the
25authority of the United States food and drug administration
26to regulate articles that may be introduced in the body of a
27human or animal (see 7 U.S.C. §1639r). Generally, the IHA is
28to be implemented on the publication date of that edition of
29the Iowa administrative bulletin that includes a statement
30by the department of agriculture and land stewardship (DALS)
31certifying USDA approval of the state plan.
32PENALTIES. The bill provides that a person who violates
33the bill’s provisions is guilty of a serious misdemeanor which
34is punishable by confinement for no more than one year and
35a fine of at least $315 but not more than $1,875. A person
-3-1who violates the bill’s provisions is also subject to a civil
2penalty of not less than $500 and not more than $2,500 that
3DALS may impose, assess, and collect for any violation of the
4IHA (Code section 204.12).
5IMPLEMENTATION DATE. The bill is to be implemented on the
6same date as the IHA.
7EFFECTIVE DATE. The bill takes effect upon enactment.
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