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.

Terms Used In Iowa Code 204.7

  • Certificate of analysis: means proof that a crop produced on a licensee's crop site qualifies as hemp as provided in section 204. See Iowa Code 204.2
  • Consumable hemp product: includes but is not limited to any of the following:
     (1) A noncombustible form of hemp that may be digested, such as food; internally absorbed, such as chew or snuff; or absorbed through the skin, such as a topical application. See Iowa Code 204.2
  • Controlled substance: means the same as defined in section 124. See Iowa Code 204.2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a conviction for an indictable offense, in this state or another state, and includes a guilty plea, deferred judgment from the time of entry of the deferred judgment until the time the defendant is discharged by the court without entry of judgment, or other finding of guilt by a court of competent jurisdiction. See Iowa Code 204.2
  • Delivery: means the transfer of title to and possession of grain by a seller to a grain dealer or to another person in accordance with the agreement of the seller and the grain dealer. See Iowa Code 203.8
  • Department: means the department of agriculture and land stewardship. See Iowa Code 204.2
  • Federal hemp law: means that part of Tit. See Iowa Code 204.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Hemp: means the plant cannabis sativa L. See Iowa Code 204.2
  • Hemp product: means an item derived from or made by processing hemp or parts of hemp, including but not limited to any item manufactured from hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle board, plastic, hemp seed, seed meal, or seed oil. See Iowa Code 204.2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • license: means a hemp license issued pursuant to section 204. See Iowa Code 204.2
  • Licensee: means a person who obtains a hemp license from the department under this chapter. See Iowa Code 204.2
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Produce: means to provide for the planting, raising, cultivating, managing, harvesting, and storing a crop. See Iowa Code 204.2
  • program: means the program that may be established by the department to allow a licensee to correct certain violations of this chapter as provided in section 204. See Iowa Code 204.2
  • Rule: includes "regulation". See Iowa Code 4.1
  • site: means a single contiguous tract of agricultural land suitable for the planting, growing, or harvesting of hemp, if the tract does not exceed three hundred twenty acres. See Iowa Code 204.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Statute: A law passed by a legislature.
  • Temporary harvest and transportation permit: means a document allowing the harvesting of a crop produced on a licensee's crop site and the temporary movement of that crop subject to limitations provided in section 204. See Iowa Code 204.2
  • United States: includes all the states. See Iowa Code 4.1
 2. A person who materially falsifies any information contained in an application under section 204.4 shall be ineligible to produce hemp under this chapter.
 3. a. A licensee convicted of an offense punishable as a felony, for producing, possessing, using, harvesting, handling, manufacturing, marketing, transporting, delivering, or distributing a controlled substance before, on, or after the implementation date of this chapter shall be ineligible to produce hemp under this chapter for a ten-year period following the date of conviction.

 b. A licensee convicted in another state of an offense, punishable in that state as a felony, substantially corresponding to an offense described in paragraph “a”, before, on, or after the implementation date of this chapter, shall be ineligible to produce hemp under this chapter for a ten-year period following the date of conviction. The department shall recognize the statute of another state which defines such offense substantially equivalent to an offense described in paragraph “a” as a corresponding statute.
 4. The department shall adopt rules regulating the production of hemp, including but not limited to inspection and testing requirements under section 204.8 or 204.9, and the issuance of a temporary harvest and transportation permit or certificate of analysis under section 204.8. The department shall adopt rules as necessary to administer the negligent violation program. The department may adopt other rules as necessary or desirable to administer and enforce the provisions of this chapter relating to hemp or hemp products.
 5. a. A person is not subject to a criminal offense involving hemp as otherwise prohibited in chapter 124 or 453B, if all of the following apply:

 (1) If the person is a licensee, the person carries the person’s hemp license when possessing hemp.
 (2) The person carries a certificate of analysis, or a temporary harvest and transportation permit, if the person is in possession of harvested hemp. If the person is transporting harvested hemp into or through this state, the person must carry a certificate of analysis or an equivalent document issued to the person by the jurisdiction where the hemp was produced.
 (3) The person carries a certificate of analysis, if the person is delivering hemp seed for planting.
 (4) The person carries a bill of lading under all of the following circumstances:

 (a) The person is in possession of hemp in transit to transfer ownership.
 (b) The person is delivering hemp seed for planting and the seed is not of the licensee’s own production.
 (c) A person brings hemp produced in another state into or through this state.
 b. For purposes of paragraph “a”, a criminal offense involving hemp includes but is not limited to production, use, harvest, transportation, delivery, distribution, or sale.
 6. A person other than a licensee is not subject to a criminal offense involving hemp as described in subsection 5 if the person is authorized to be on the licensee’s crop site by the licensee.
 7. a. Except as provided in subsection 8, and section 204.14A, a person may engage in the retail sale of a hemp product if the hemp was produced in this state or another state in compliance with the federal hemp law or other applicable federal law. A person may engage in the retail sale of a hemp product if the hemp was produced in another jurisdiction in compliance with applicable federal law and the laws of the other jurisdiction, if such law is substantially the same as applicable federal law.

 b. A person may transport a hemp product within and through this state and may export a hemp product to any foreign nation, in accordance with applicable federal law and the law of the foreign nation.
 c. A hemp product complying with this subsection is not a controlled substance under chapter 124 or 453B.
 8. a. Except as provided in paragraph “e”, a consumable hemp product shall not be manufactured, sold, or consumed in this state unless all of the following conditions are met:

 (1) The consumable hemp product is manufactured in this state in compliance with this chapter.
 (2) The hemp contained in the consumable hemp product was produced exclusively in this state in compliance with this chapter.
 (3) The consumable hemp product complies with packaging and labeling requirements, which shall be established by the department of inspections and appeals by rule.
 b. A person manufacturing a consumable hemp product in this state shall register with the department of inspections and appeals on a form prescribed by the department of inspections and appeals by rule. The department of inspections and appeals may impose a fee, established by the department of inspections and appeals by rule, on a registrant not to exceed the cost of processing the registration. The department of inspections and appeals shall adopt rules for the revocation of a registration issued to a manufacturer who manufactures a consumable hemp product not in compliance with this chapter.
 c. A person selling a consumable hemp product in this state shall register with the department of inspections and appeals on a form prescribed by the department of inspections and appeals by rule and shall keep on the premises of the person’s business a copy of the certificate of analysis issued pursuant to section 204.8 for the hemp contained in the consumable hemp products sold by the person. The department of inspections and appeals may impose a fee, established by the department of inspections and appeals by rule, on a registrant not to exceed the cost of processing the registration. The department of inspections and appeals shall adopt rules for the revocation of a registration issued to a person who sells a consumable hemp product not in compliance with this section.
 d. Except as otherwise provided in this subsection, a political subdivision of the state shall not adopt any ordinance, rule, or regulation regarding the manufacture, sale, or consumption of a consumable hemp product.
 e. A consumable hemp product manufactured in another jurisdiction pursuant to a state or tribal plan approved by the United States department of agriculture pursuant to the federal hemp law may be imported for use by a consumer or sale by a retailer to a consumer if the state has substantially similar testing requirements as those provided in section 204.8.
 f. A consumable hemp product manufactured, sold, or consumed in compliance with this subsection is not a controlled substance under chapter 124 or 453B regardless of whether the consumable hemp product has been approved by the United States food and drug administration.
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