CBD Is Illegal Under Federal Law And Iowa Law || John Wills Iowa State Representative

As we’ve been saying for two years now, you need the Iowa Legislature to finalize the hemp bills in compliance with federal rules and regulations still. Otherwise CBD is a Schedule I narcotic at the federal level. From the Dickinson County News site:

Governor signs Iowa Hemp Act:

By John Wills – State Representative

On Monday, May 13, Iowa Gov. Reynolds signed Senate File 599, the Iowa Hemp Act, which starts the federal-state partnership to redevelop the industrial hemp industry. Governor Reynolds in her signing letter noted that this legislation will “… allow Iowa to begin the process of entering a new agricultural marketplace for hemp. But Iowans should be aware that this bill does not legalize the sale or manufacturing of all hemp-derived products, such as cannabidiol (CBD). The retail sale and manufacturing of hemp-derived products is still governed by federal law. While the Food and Drug Administration (FDA) has approved some hemp-derived food ingredients for human and animal consumption, it has not approved CBD. The FDA has also declared that CBD is not a dietary supplement. State law cannot preempt the federal law, and Iowans engaging in the manufacture, sale, or purchase of hemp-derived products should carefully consider the legality of their actions under Iowa and federal law. And Iowans should be aware that nearly all of the provisions of this bill will not go into effect until the federal government approves our state hemp plan. As federal regulatory bodies approve additional hemp-derived products and the hemp industry evolves, it is imperative that our state agencies and the Iowa legislature remain vigilant in evaluating the effects of this legislation and the need for additional changes to ensure that our laws protect the health and safety of all Iowans.”

The Hemp Act is designed to allow both the growth of hemp crops and the retail trade of hemp products and possibly CBD-trade (if approved by pertinent federal agencies such as the Food and Drug Administration) in this state as long as the THC content is less than 0.3% and the hemp products were grown, produced and processed under state and federal hemp regulations.

The Hemp Act creates a hemp fund into which license fees are deposited. Moneys in the fund are appropriated to IDALS which will administer the program. The measure specifies that hemp licensee must pay for annual hemp licenses, and actual costs of hemp inspections. Fees collected pursuant to his section are to be deposited into a state hemp fund. The hemp license fee varies on number of acres grown. The initial inspection base fee shall be no more than $1,000, until 6-30-2022, when the inspection fee is to be specified by administrative rule to cover inspections costs of IDALS. IDALS may charge a supplemental inspection fee in addition to the base fee for additional samples submitted.

The Hemp Act defines hemp as species of cannabis having a maximum concentration of THC that does not exceed three-tenths of 1 percent. The measure specifies that IDALS oversees preparing the plan and administering and enforcing the provisions of the Code chapter but may involve the Department of Public Safety or local law enforcement in the criminal background check and when inspection test results indicate the crop is not hemp. The measure additionally requires documentation of hemp being transported in this state to require:

(a) a copy of the hemp license and a copy of the certificate of crop inspection, and

(b) a transport bill of lading indicating the owner of the hemp, point of origin of hemp and destination of hemp.

The enacted provisions require IDALS to accept and approve or disapprove applications for the issuance of annual hemp license on a one-year basis subject to renewal and license may cover no more than 40 acres for any given entity/person. The measure specifies that IDALS adopt rules regulating licensees and are authorized to inspect crop sites, including licensee’s business records and are to conduct an annual inspection of a licensee’s hemp crop site and obtain plant samples for official testing by a laboratory designated by IDALS. The Hemp Act provides that test results that indicates a sample exceeds 2% concentration of THC is deemed conclusive that the crop is a controlled substance; if it exceeds 0.3% it is not hemp and it will be destroyed at the grower’s expenses, except for the stalks which may be salvaged for fiber use.

So, as we’ve reported repeatedly, CBD is not yet legal to possess in Iowa as of June 2019. We are still waiting on these newly passed laws to come up with rules and regulations first. Don’t blame WeedPress for pointing out the law.