SF 2352 & HF 2605

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Matm
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SF 2352 & HF 2605

Post by Matm »

Today HSB 665 & SSB3159 were introduce.

https://www.legis.iowa.gov/legislation/ ... &ba=HSB665

House Sub Committee members
Steven Holt steven.holt@legis.iowa.gov
Bob Kressing bob.kressig@legis.iowa.gov
Phil Thompson phil.thompson@legis.iowa.gov

https://www.legis.iowa.gov/legislation/ ... 3159&ga=90

Senate Sub Committee
Dan Dawson dan.dawson@legis.iowa.gov
Izaah Knox izaah.knox@legis.iowa.gov
Brad Zaun brad.zaun@legis.iowa.gov

DPS Representive Josie Wagler wagler@dps.state.ia.us 515.725.6185

How House Study Bill 665 Impacts Iowa's Hemp Industry

THC Potency Regulation for Consumable Hemp Products:
The bill authorizes the Iowa Department of Health and Human Services (HHS) to adopt rules regulating the sale of consumable hemp products, including setting THC potency limits per serving and per container (amended Code section 204.7). This gives an exorbitant amount of power to a group who does not have everyone’s best interests at heart.

Presumption of Guilt for Inhalation Offense:
The bill creates a rebuttable presumption that raw or dried flower forms of hemp products are intended for inhalation. Violating this provision is considered a serious misdemeanor, punishable by confinement and fines (amended Code section 204.14A). Inhalation is not the way hemp flower is typically used, nor is it recommended. However, they have determined that if you possess it, then you will be fined and jailed for it. “A person who violates the provision is guilty of a serious misdemeanor, which is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560 (Code section 204.14A)”

Criminal and Civil Penalties for Failure to Register:
Individuals engaged in the retail sale of consumable hemp products who are not registered with HHS may face both serious misdemeanor charges and civil penalties. The civil penalty cannot exceed $10,000, with each day of violation considered a separate offense (new Code sections 204.14B and 204.14C).

Sale to Minors - Criminal and Civil Penalties:
Selling or distributing consumable hemp products to individuals under the age of 21 is deemed a simple misdemeanor, with fines and potential community service hours. Minors possessing or purchasing such products may face civil penalties (new Code sections 204.14D, 204.14E, 204.14F). This means people under the age of 21 cannot possess hemp that contains zero THC. All CBD and hemp products would be prohibited for anyone under the age of 21.

Confiscation and Disposal of Hemp Products:
HHS is authorized to order the confiscation and disposal of hemp products falsely advertised, sold in violation of THC limits, or by unregistered individuals. Costs associated with the order may be assessed to the person involved (Code section 204.15A).
Regulation of Alcoholic Beverages with THC:
Persons selling alcoholic beverages in Iowa are prohibited from manufacturing, selling, giving, importing, or supplying any alcoholic beverage containing tetrahydrocannabinol (THC). Violators may face criminal penalties under existing alcohol regulations (Code sections 123.90 and 123.91).

Elimination of the Negligent Violation Program (NVP):
The bill eliminates the Negligent Violation Program (NVP) previously outlined in the federal hemp law. The NVP allowed qualifying individuals to avoid criminal or civil violations for unintentional violations of hemp production provisions.

ICanna
EagleRidgeHemp
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Re: HSB 665

Post by EagleRidgeHemp »

Who authored this bill? Who benefits? Where is the data to support further restricting thc and giving open ended authority to HHS to make rules? Why is Iowa moving backwards on cannabis while states around us are moving forward? It seems a few people in key positions can thwart the will of the people of Iowa, an overwhelming majority of whom want to see restrictions removed, not added.
Matm
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Re: HSB 665

Post by Matm »

This House Study Bill was written and submitted by Iowa DPS (state police). IDALS says they had no part in the changes and seemed a little caught off guard when I emailed them about it this morning. I was told that DPS mistakenly put in the removal of the negligent violation program and that wont stay in the bill. I wont change our info until I see the amendment hit legis.

This was provided to us by someone from inside DPS around mid December.
DPS Legislative Marketing Small.jpg
DPS Legislative Marketing Small.jpg (249.6 KiB) Viewed 1292 times
The sub committee recommended this for passage so its time to turn our attention to the Senate Sub Committee Members.
Guest

Re: SSB 3159 & HSB 665

Post by Guest »

SSB 3159
Subcommittee Meeting Scheduled 02/12/2024 12:00PM Room G15.

https://www.legis.iowa.gov/legislation/ ... 3159&ga=90
Matm
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Re: SSB 3159 & HSB 665

Post by Matm »

Unfortunately I will not be there tomorrow. Corey with HEMPC has lobbyists working on this and I am collaborating with them. We are encouraging anyone who can make it to to come and show support. Corey is putting together a game plan for speakers so if you want to help send a unified message please reach out and coordinate with them.

Corey Coleman
hello@hempc.org
hempc.org

I have been working with IDALS and was able to have a conversation with Senator Shipley yesterday. Hopefully we will know a lot more in the next few days on how these changes look in the final draft of the bill. I will continue to update info here as I have it

ICanna
Matm
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Re: HSB 665, SSB 3159 & SF 2352

Post by Matm »

SF 2352 is the new text for this bill. I'm assuming the house bill will be identical as soon as we see the text. There is not as many changes as we hoped so there is still more work to be done. This bill includes putting the Negligent Violation program back in for farmers and removes the Rebuttable Presumption for possession of dry hemp. Section 7 adds a new subsection making consumable hemp products illegal if they are "capable of inhalation" in an "e" device or cigarette type device. I don't see any changes in here that would change raw hemp from an agricultural commodity to a consumable hemp product even if the intent was for consumption. The most unfortunate part of this is there is no exemption for use by minors even if the products are THC free.

https://www.legis.iowa.gov/legislation/ ... 2352&ga=90
Matm
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Re: SF 2352 & HF 2605

Post by Matm »

This is the updated versions of the original bill. No changes since the last post.

https://www.legis.iowa.gov/legislation/ ... 2605&ga=90
Matm
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Re: SF 2352 & HF 2605

Post by Matm »

Today the Senate their version for the house version and passed it as written. It passed 31 to 18. Now it heads to the governer's desk.

https://www.legis.iowa.gov/legislation/ ... =SF%202352

Mat
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