Section 204.1 – Short title.
204.1 Short title. This chapter shall be known as the “Iowa Hemp Act”. 2019 Acts, ch 130, §1, 18, 19
Section 204.10 – Order of disposal.
204.10 Order of disposal. 1. If a crop that is produced at a licensee’s crop site does not qualify as hemp according to an official test conducted pursuant to section 204.8, but has a maximum concentration not in excess of two percent delta-9 tetrahydrocannabinol on a dry weight basis, the department, in consultation with the […]
Section 204.11 – Disciplinary action.
204.11 Disciplinary action. 1. The department may suspend or revoke a hemp license obtained under section 204.4 by a person who does any of the following: a. Provides false or misleading information to the department under this chapter, including by submitting a false application. b. Fails to comply with or violates any provision of this […]
Section 204.12 – Civil penalties.
204.12 Civil penalties. 1. A person who violates a provision of this chapter is subject to a civil penalty of not less than five hundred dollars and not more than two thousand five hundred dollars. The department shall impose, assess, and collect the civil penalty. Each day that a continuing violation occurs may be considered […]
Section 204.13 – Injunctive relief.
204.13 Injunctive relief. The department, or the attorney general acting on behalf of the department, may apply to the district court for injunctive relief in order to restrain a person from acting in violation of this chapter. In order to obtain injunctive relief, the department, or attorney general, shall not be required to post a […]
Section 204.14 – Criminal offense — falsified permit or certificate.
204.14 Criminal offense — falsified permit or certificate. A person is subject to criminal penalties provided under the applicable provisions in chapter 124 or 453B, if all of the following apply: 1. The person commits an offense under one of the applicable provisions of chapter 124 or 453B by possessing, handling, using, manufacturing, marketing, transporting, […]
Section 204.14A – Criminal offense — inhalation.
204.14A Criminal offense — inhalation. 1. A person shall not possess, use, manufacture, market, transport, deliver, or distribute harvested hemp or a hemp product if the intended use of the harvested hemp or hemp product is introduction into the body of a human by any method of inhalation, including any of the following: a. Smoke […]
Section 204.15 – Negligent violation — program.
204.15 Negligent violation — program. 1. a. The department may find that a licensee has negligently violated a provision of this chapter by doing any of the following: (1) Completing an application for a license without providing a legal description of the crop site pursuant to section 204.4. (2) Failing to renew a hemp license […]
Section 204.16 – Waivers or variances.
204.16 Waivers or variances. If the department determines there is a conflict with a regulation or order promulgated by a federal agency and a provision of this chapter, the department may grant a variance or waiver from the provision of this chapter to the extent such variance or waiver is allowed under the federal hemp […]
Section 204.17 – Statutory construction.
204.17 Statutory construction. 1. Nothing in this chapter shall be construed or applied to be less stringent than required under the federal hemp law. 2. Nothing in this chapter shall be construed or applied to be in conflict with any of the following: a. Applicable federal law and related regulations. b. Other laws of this […]
Section 204.2 – Definitions.
204.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Certificate of analysis” means proof that a crop produced on a licensee’s crop site qualifies as hemp as provided in section 204.8. 2. “Consumable hemp product” means a hemp product that includes a substance that is metabolized or is otherwise subject to […]
Section 204.3 – State plan — implementing rules.
204.3 State plan — implementing rules. 1. The department shall prepare a state plan to be submitted to the United States secretary of agriculture under the federal hemp law. 2. Upon approval of the state plan, the department shall assume primary regulatory authority over the production of hemp in this state as provided in this […]
Section 204.4 – Hemp license — requirements.
204.4 Hemp license — requirements. 1. The department shall establish and administer a process to receive, evaluate, and approve or disapprove applications for a hemp license. 2. The department shall prepare and publish one or more hemp license application forms in cooperation with the department of public safety. A completed application form submitted to the […]
Section 204.5 – Hemp fees.
204.5 Hemp fees. 1. The department shall impose, assess, and collect the following hemp fees: a. A license fee which shall be paid by a person being issued a hemp license as provided in section 204.4. b. An inspection fee which shall be paid by a licensee for the inspection of the licensee’s crop site, […]
Section 204.6 – Hemp fund.
204.6 Hemp fund. 1. A hemp fund is established in the state treasury under the management and control of the department. 2. The hemp fund shall include moneys collected by the department from hemp fees imposed and assessed under section 204.5 and moneys appropriated by the general assembly for deposit in the hemp fund. The […]
Section 204.7 – Regulations — exemption for certain criminal offenses.
204.7 Regulations — exemption for certain criminal offenses. 1. The Iowa crop improvement association recognized in chapter 177 shall adopt procedures to certify hemp seed capable of germination. Hemp seed certified under this subsection shall be presumed to comply with the requirements for hemp produced under this chapter. 2. A person who materially falsifies any […]
Section 204.8 – Inspections and tests — harvest and transportation permit — certificate of analysis.
204.8 Inspections and tests — harvest and transportation permit — certificate of analysis. 1. a. The department shall conduct an annual inspection of a licensee’s crop site to determine if the crop produced at the site qualifies as hemp under this section. The annual inspection shall include obtaining a sample of plants that are part […]
Section 204.9 – Right of access.
204.9 Right of access. 1. a. The department, including an authorized inspector, employee, or agent of the department, may enter onto a crop site during reasonable hours to determine whether a licensee is acting in compliance with the requirements under this chapter. The department may also enter into any structure if all of the following […]