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Senate File 2260

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  FINDINGS.  The general assembly finds that a
  1  2 trend exists among states to consider the economic importance
  1  3 of industrial hemp, which is a major crop in other nations.
  1  4 Industrial hemp historically has contributed to the economic
  1  5 welfare of this country, and is a renewable natural resource
  1  6 manufactured for textiles, pulp, paper, oil, building
  1  7 materials, and other products.  The purpose of this Act is to
  1  8 promote the economy of this state by providing for research
  1  9 necessary to develop industrial hemp as a viable crop.
  1 10    Sec. 2.  NEW SECTION.  159.41  INDUSTRIAL HEMP LICENSING
  1 11 AND REGULATION.
  1 12    1.  As used in this section, "industrial hemp" means
  1 13 cannabis sativa L. which has a percentage of
  1 14 tetrahydrocannabinol of not more than one percent, as provided
  1 15 by rules which shall be adopted by the department.
  1 16    2.  The department of agriculture and land stewardship, in
  1 17 cooperation with the department of public safety, shall
  1 18 administer this section.  The department of agriculture and
  1 19 land stewardship shall cooperate with other law enforcement
  1 20 agencies.  The department shall also collaborate with agencies
  1 21 of the United States government, including but not limited to
  1 22 the drug enforcement administration of the United States
  1 23 department of justice, in order to provide for the production
  1 24 and possession of industrial hemp and according to the terms
  1 25 and conditions required by the United States government.  The
  1 26 department may execute any memorandum of understanding with a
  1 27 United States government agency in order to administer this
  1 28 section.
  1 29    3.  To the extent permitted by the United States
  1 30 government, the department shall issue licenses to persons for
  1 31 the production and possession of industrial hemp,
  1 32 notwithstanding any section of this chapter to the contrary.
  1 33 A person must possess a license pursuant to this section to
  1 34 produce or possess industrial hemp.  The department of
  1 35 agriculture and land stewardship shall limit the number of
  2  1 licenses that it grants each year in order to ensure that the
  2  2 department of agriculture and land stewardship, in cooperation
  2  3 with the department of public safety, may strictly enforce
  2  4 compliance with the requirements of this section and section
  2  5 266.39F.  A license shall expire not later than one year
  2  6 following the date of issuance.
  2  7    a.  A person applying for a license shall file an
  2  8 application on a form prescribed by the department of
  2  9 agriculture and land stewardship according to procedures
  2 10 required by the department.  The department may charge an
  2 11 application fee which shall not exceed five hundred dollars.
  2 12 An applicant and each employee of the applicant must satisfy
  2 13 eligibility requirements of the department, which shall
  2 14 include but shall not be limited to all of the following:
  2 15    (1)  Be eighteen years of age or older.
  2 16    (2)  Never have been convicted of a felony, an aggravated
  2 17 misdemeanor, or of any other offense related to the possession
  2 18 of a controlled substance.
  2 19    (3)  Not be addicted to the use of alcohol or a controlled
  2 20 substance.
  2 21    (4)  Be of good moral character and not have been judged
  2 22 guilty of a crime involving moral turpitude.
  2 23    b.  The department shall give priority to approving an
  2 24 application, if the person has entered into an agreement with
  2 25 Iowa state university in conducting research as provided in
  2 26 section 266.39F.
  2 27    c.  The licensee shall maintain accurate records, as
  2 28 required by the department, which shall contain information
  2 29 relating to the licensee's operation, including but not
  2 30 limited to the production site, the time and manner of
  2 31 harvest, and persons involved in the production, harvesting,
  2 32 and distribution of the industrial hemp.
  2 33    4.  Notwithstanding chapter 124, the licensee may produce,
  2 34 harvest, and distribute industrial hemp.  However, the
  2 35 licensee must act in strict conformance with this section.
  3  1 The licensee shall raise industrial hemp upon demonstration
  3  2 plots as approved by the department.  The demonstration plots
  3  3 must be used to develop optimal agricultural practices for
  3  4 raising industrial hemp.  All plant materials from industrial
  3  5 hemp grown on demonstration plots, except plant materials
  3  6 retained for breeding and propagation, must be used for
  3  7 commercial uses approved by the department.
  3  8    5.  The department of agriculture and land stewardship or
  3  9 the department of public safety may inspect a production or
  3 10 distribution site of a licensee at any time, and may inspect
  3 11 records required to be maintained as provided in this section.
  3 12 The department of agriculture and land stewardship shall
  3 13 assess and the licensee shall pay the actual costs of the
  3 14 inspection.  If the owner or occupant of any property used by
  3 15 the licensee for the production or distribution refuses
  3 16 admittance onto the property, or if prior to such refusal the
  3 17 department of agriculture and land stewardship or department
  3 18 of public safety demonstrates the necessity for a warrant, the
  3 19 department of agriculture and land stewardship may make
  3 20 application under oath or affirmation to the district court of
  3 21 the county in which the property is located for the issuance
  3 22 of a search warrant.  If the court is satisfied from
  3 23 examination of the applicant, of other witnesses, if any, and
  3 24 of the allegations of the application of the existence of the
  3 25 grounds of the application, or that probable cause exists to
  3 26 believe such grounds exist, the court may issue such search
  3 27 warrant.
  3 28    6.  The department may suspend or revoke a license if the
  3 29 licensee or an employee of the licensee is determined to have
  3 30 committed any of the following:
  3 31    a.  Fraud in applying for or obtaining a license.
  3 32    b.  A violation of this section or rules adopted by the
  3 33 department pursuant to this section, including failing to
  3 34 comply with a requirement of this section.
  3 35    c.  An offense involving moral turpitude, a felony, an
  4  1 aggravated misdemeanor, or any other offense related to the
  4  2 possession of a controlled substance.
  4  3    7.  a.  Except as provided in paragraph "b", an applicant
  4  4 for a license or a licensee who knowingly violates a
  4  5 requirement of this section or a rule adopted by the
  4  6 department pursuant to this section is subject to a civil
  4  7 penalty of not more than fifty thousand dollars.
  4  8    b.  A person who makes a false statement on the application
  4  9 for a license regarding the conviction of a felony, aggravated
  4 10 misdemeanor, or any other offense related to the possession of
  4 11 a controlled substance is guilty of an aggravated misdemeanor.
  4 12    Sec. 3.  NEW SECTION.  266.39F  INDUSTRIAL HEMP  RESEARCH
  4 13 BY IOWA STATE UNIVERSITY.
  4 14    1.  As used in this section, "industrial hemp" means
  4 15 cannabis sativa L. which has a percentage of
  4 16 tetrahydrocannabinol of not more than one percent.
  4 17    2.  In administering this chapter, Iowa state university
  4 18 shall do all of the following:
  4 19    a.  Collaborate with agencies of the United States
  4 20 government, including the drug enforcement administration of
  4 21 the United States department of justice, in order to produce
  4 22 and possess industrial hemp according to the terms and
  4 23 conditions required by the United States government.  Iowa
  4 24 state university may execute any memorandum of understanding
  4 25 with a United States government agency in order to administer
  4 26 this section, and may obtain any federal permit or other
  4 27 authorization required to administer this section.
  4 28    b.  Cooperate with the department of agriculture and land
  4 29 stewardship in carrying out this section and section 159.41.
  4 30 The university shall cooperate with persons licensed by the
  4 31 department to produce industrial hemp as provided in that
  4 32 section.  The university shall also cooperate with law
  4 33 enforcement agencies, including the department of public
  4 34 safety.
  4 35    3.  Notwithstanding chapter 124, Iowa state university
  5  1 shall, to the extent permitted by the United States
  5  2 government, conduct research regarding the production and
  5  3 marketing of industrial hemp.  The research shall include an
  5  4 analysis of all of the following:
  5  5    a.  The production of high-quality seed varieties having
  5  6 proven adaptation and performance.
  5  7    b.  The feasibility of producing industrial hemp in this
  5  8 state as a profitable cash crop, including the adaptability of
  5  9 plant varieties to soils and growing conditions in this state.
  5 10    c.  The production of industrial hemp having the lowest
  5 11 possible percentage of tetrahydrocannabinol.
  5 12    d.  The development of production practices, including best
  5 13 management practices for applying nutrients and pesticides;
  5 14 strategies to best conserve, maintain, and improve soil
  5 15 productivity; and methods to control disease.
  5 16    e.  The need for and availability of equipment and
  5 17 machinery required to efficiently and cost-effectively produce
  5 18 and harvest industrial hemp.
  5 19    f.  Market conditions affecting the economic viability of
  5 20 industrial hemp production, including the identification of
  5 21 markets, the utilization of products, processing methods, and
  5 22 other economic factors affecting the profitable marketing of
  5 23 industrial hemp.
  5 24    4.  The research shall be conducted as provided by Iowa
  5 25 state university, and may be carried out in part by the Iowa
  5 26 agricultural and home economics experiment station, including
  5 27 the Leopold center for sustainable agriculture.  Research
  5 28 shall, to every extent possible, be determined by experimental
  5 29 trials when appropriate.  The university shall cooperate with
  5 30 other states engaged in conducting similar research.  The
  5 31 university shall seek financial support from public and
  5 32 private sources in order to administer this section, including
  5 33 associations representing agricultural producers.  The
  5 34 university shall report the findings and recommendations of
  5 35 the study to the general assembly not later than January 15,
  6  1 2003.
  6  2    Sec. 4.  Section 317.1, Code 1999, is amended by adding the
  6  3 following new unnumbered paragraph:
  6  4    NEW UNNUMBERED PARAGRAPH.  "Industrial hemp" which is
  6  5 produced as provided in section 159.41 or 266.39F is not a
  6  6 noxious weed.  
  6  7                           EXPLANATION
  6  8    This bill provides for the production of industrial hemp
  6  9 which has a percentage of tetrahydrocannabinol of not more
  6 10 than 1 percent.
  6 11    The bill requires the department of agriculture and land
  6 12 stewardship, in cooperation with the department of public
  6 13 safety, to administer a program to license persons involved in
  6 14 industrial hemp production.  The bill requires the department
  6 15 to collaborate with agencies of the United States government,
  6 16 including but not limited to the drug enforcement
  6 17 administration in order to provide for the production and
  6 18 possession of industrial hemp according to the terms and
  6 19 conditions required by the United States government.  The bill
  6 20 provides that to the extent permitted by the United States
  6 21 government, the department shall issue licenses to persons for
  6 22 the production and possession of industrial hemp,
  6 23 notwithstanding any other provision of the Code chapter 124
  6 24 regulating controlled substances.  The bill provides
  6 25 requirements for applicants and persons involved in the
  6 26 production or possession of industrial hemp.  The bill
  6 27 provides for the inspection of the premises and records of
  6 28 licensees.  The bill provides for the suspension or revocation
  6 29 of a license.
  6 30    The bill provides for research by Iowa state university
  6 31 regarding the production and marketing of industrial hemp
  6 32 which has a percentage of tetrahydrocannabinol of not more
  6 33 than 1 percent.  The bill provides an exception to the
  6 34 restriction of Iowa's controlled substance Act and authorizes
  6 35 the university to collaborate with agencies of the United
  7  1 States government in order to produce and possess industrial
  7  2 hemp according to the terms and conditions required by the
  7  3 United States government.  The bill requires the university to
  7  4 cooperate with law enforcement agencies and the department of
  7  5 agriculture and land stewardship in carrying out the bill's
  7  6 provisions.  The bill authorizes the university to conduct
  7  7 research regarding the production of high-quality seed
  7  8 varieties, the feasibility of producing industrial hemp in
  7  9 this state as a profitable cash crop, the production of
  7 10 industrial hemp having the lowest possible percentage of
  7 11 tetrahydrocannabinol, the development of production practices,
  7 12 the need for and availability of suitable equipment and
  7 13 machinery, and market conditions affecting the economic
  7 14 viability of industrial hemp production.  The bill requires
  7 15 the university to cooperate with other states engaged in
  7 16 conducting similar research, and to seek financial support
  7 17 from public and private sources.  The bill requires the
  7 18 university to report its findings and recommendations to the
  7 19 general assembly not later than January 15, 2003.
  7 20    The bill provides that licensees who violate the provisions
  7 21 of the bill are subject to a civil penalty of up to $50,000.
  7 22 The bill provides that a person who makes a false statement on
  7 23 the application for a license regarding a conviction of a
  7 24 felony, aggravated misdemeanor, or any other offense related
  7 25 to the possession of a controlled substance is guilty of an
  7 26 aggravated misdemeanor.  
  7 27 LSB 5350SS 78
  7 28 da/as/5
     

Text: SF02259                           Text: SF02261
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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