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Iowa Code Title V. Agriculture [Chs. 159-215A] § 204.2. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

As used in this chapter, unless the context otherwise requires:

1. “Advertise” means to present a commercial message in any medium, including but not limited to print, radio, television, sign, display, label, tag, or articulation.

2. “Consumable hemp product” means a hemp product that includes a substance that is metabolized or is otherwise subject to a biotransformative process when introduced into the human body.

a. A consumable hemp product may be introduced into the human body by ingestion or absorption by any device including but not limited to an electronic device.

b. A consumable hemp product may exist in a solid or liquid state.

c. A hemp product is deemed to be a consumable hemp product if all of the following apply:

(1) It is any of the following:

(a) Designed by the processor, including the manufacturer, to be introduced into the human body.

(b) Advertised as an item to be introduced into the human body.

(c) Distributed, exported, imported, offered for sale, or sold to be introduced into the human body.

(2) Its maximum total tetrahydrocannabinol concentration is less than or equal to the lesser of the following:

(a) Three-tenths of one percent on a dry weight basis.

(b) Four milligrams per serving and ten milligrams per container on a dry weight basis.

d. “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.

(2) Hemp processed or otherwise manufactured, marketed, sold, or distributed as food, a food additive, a dietary supplement, or a drug.

e. “Consumable hemp product” does not include a hemp product if the intended use of the hemp product is introduction into the human body by any method of inhalation, as prohibited under section 204.14A.

3. “Controlled substance” means the same as defined in section 124.101.

4. “Department of health and human services” or “department” means the principal central department established in section 7E.5, subsection 1, paragraph “i”.

5. “Distribute” means to transfer possession.

6. “Federal Food, Drug, and Cosmetic Act” means the Act so entitled as codified in 21 U.S.C. § 301 et seq., including regulations adopted pursuant to that Act by the United States food and drug administration under the Code of Federal Regulations, Title 21.

7. “Federal hemp law” means that part of Tit. X of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334, that authorizes hemp production according to a state plan approved by the United States department of agriculture, as provided in § 10113 of that Act, amending the Agricultural Marketing Act of 1946, 7 U.S.C. § 1621 et seq., including by adding §§ 297A through 297E.

8. “Hemp” means the same as defined in section 204A.2.

9. a. “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.

b. “Hemp product” does not include any of the following:

(1) (a) An item or part of an item that exceeds the maximum total tetrahydrocannabinol concentration allowed for a hemp product under section 124.204, subsection 7.

(b) An item or part of an item that is metabolized or is otherwise subject to a biotransformative process when introduced into the human body and that exceeds the maximum total tetrahydrocannabinol concentration allowed for a consumable hemp product.

(2) Hemp seed that is capable of germination.

10. “Local law enforcement agency” means an office of county sheriff or a municipal police department.

11. “Registrant” means a person who is registered with the department of health and human services pursuant to section 204.7.

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Cite this article: FindLaw.com - Iowa Code Title V. Agriculture [Chs. 159-215A] § 204.2. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-v-agriculture-chs-159-215a/ia-code-sect-204-2/

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