Iowa Legislation 2019
Gov. Reynolds vetoes HF 732
Reynolds continues to support a safe, rational, and compassionate medical CBD program, pledges to work toward evidence-based THC limits
DES MOINES - On Friday, May 24, Gov. Reynolds vetoed House File 732, an act relating to Iowa’s existing medical cannabidiol program.
Governor Reynolds said the following in HF 732’s transmittal letter:
“House File 732 would make a number of changes to expand Iowa’s medical cannabidiol (“CBD”) program. Our program was originally established to provide CBD as a treatment option for Iowans suffering from specific medical conditions. Since our program began, I have heard countless stories of the relief and remarkable improvements that CBD has offered Iowans. And I support our program and efforts to strengthen and improve the program, so that it continues to be a safe, rational, and compassionate medical CBD program.
“Unlike some states, Iowa’s medical CBD program is not a medical marijuana program. To this end, current Iowa law limits the level of tetrahydrocannabinol (“THC”)—the psychoactive chemical in the cannabis plant—in medical CBD products to three percent. But recognizing the limited experience with medical CBD and potential questions surrounding the three percent limit, the Legislature had the foresight to establish a Medical Cannabidiol Board, primarily made up of medical experts. The Board is tasked with governing our program and advising the Legislature on potential statutory changes to the definition of medical CBD, including the THC limit. The Legislature was wise to understand that we were entering uncharted territory and could benefit from the Board’s expertise in navigating any potential expansion of the program.
“Most of the changes included in House File 732 were the result of the Legislature and the Medical Cannabidiol Board coming together to reach agreement on appropriate and positive improvements to our medical CBD program. I fully support these changes. But unfortunately, the bill would also remove the three percent limit on THC in medical CBD products and replace it with a limit of 25 grams of THC per 90-day period. This change was not recommended by the Board. And if approved, it would drastically expand Iowa’s medical CBD program far beyond its original scope of CBD-based treatments and could open the door to significant unintended consequences to the health and safety of Iowans.
“I agree that there should be some change to the three percent THC limit. There appears to be consensus, including from the Board, that a gram-based limit would be more appropriate than a percentage-based limit. But I have not been unable to discern any evidence-based justification for the specific 25-gram limit proposed in this bill. And after its review of the available evidence, the Board recommended a limit of only 4.5 grams per 90-day period.
“It may be that a THC limit higher than 4.5 grams is appropriate. But the 25-gram limit in this bill would allow a person to consume more than 277 milligrams of THC per day—an amount higher than one would typically consume even with aggressive recreational marijuana use. This is all the more concerning because a participant in the program is not prescribed a particular dosage by a medical practitioner or monitored on an ongoing basis for any adverse health consequences. Iowa’s program only requires a practitioner to certify that the participant suffers from a qualifying condition on an annual basis.
“Ultimately, I believe Iowa must proceed cautiously to ensure that any expansion of our medical CBD program is thoughtful and deliberate—particularly because Iowa’s program is in its infancy and the body of research that analyzes the efficacy of medical CBD is limited. So I look forward to working with the Legislature and the Medical Cannabidiol Board to find an evidence-based THC limit that we can work to enact along with the rest of the provisions in House File 732 that I support. The health and safety of Iowans is too important for us not to get this right.
“For these reasons, I respectfully disapprove of House File 732 in its entirety.”
DES MOINES - On Monday, May 13, Gov. Reynolds signed the following bill into law:
SF599: an act relating to hemp, including the regulation of hemp, providing for enforcement and the confiscation and destruction or disposal of certain property, providing for fees, including penalties, and providing implementation and effective date provisions.
Gov. Reynolds released the following message upon signing SF599:
“I approve this Senate File to 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.”
###
88th General Assembly (2019-2020)
Passed by Senate
- HF 732: An Act relating to the medical cannabidiol Act.
- SF 572: An Act removing certain references to marijuana.
Passed by Senate Committee
- SF 508: An Act relating to the standard of judicial review and providing a claim or defense when a state action burdens a person’s exercise of religion, and including effective date provisions.
- SF 501: An Act relating to the medical cannabidiol Act.
- SF 378: An Act relating to the possession of marijuana, and providing penalties.
Passed by Senate Subcommittee
Pending in the Senate
- SF 469: An Act relating to marijuana, including the manufacture, delivery, and possession of marijuana and the licensure of retail marijuana, providing fees, including excise taxes, establishing a trust fund, and including penalties.
- SF 408: An Act relating to the medical cannabidiol Act.
- SF 104: An Act relating to the compassionate use of medical cannabis Act, reclassifying marijuana, including tetrahydrocannabinols, from a schedule I controlled substance to a schedule II controlled substance.
- SF 78: An Act relating to the definition of medical cannabidiol.
- SF 71: An Act relating to the administration of medical cannabidiol by primary caregivers to students at public and nonpublic schools.
Passed by House
- SF 599: An Act relating to hemp, including the regulation of hemp.
- HF 732: An Act relating to the medical cannabidiol Act.
Passed by House Committee
Pending in the House
- HF 763: An Act relating to hemp, including the regulation of hemp.
- HF 559: An Act relating to the compassionate use of medical cannabis Act, reclassifying marijuana, including tetrahydrocannabinols, from a schedule I controlled substance to a schedule II controlled substance, providing for civil and criminal penalties and fees, and including effective date provisions.
- HF 457: An Act relating to the classification of MDMA as a schedule I controlled substance.
- HF 413: An Act relating to the medical cannabidiol Act by adding post-traumatic stress disorder to the list of debilitating medical conditions for which the medical use of cannabidiol would be medically beneficial.
- HF 319: An Act providing that the plant Cannabis sativa L., with a certain maximum concentration of delta-9 tetrahydrocannabinol, is no longer defined as marijuana.
- HF 282: An Act relating to the regulation of medical cannabidiol, by altering the list of debilitating medical conditions and changing the definition of medical cannabidiol under the medical cannabidiol Act, and exempting sales of medical cannabidiol products from Iowa sales tax.
- HF 281: An Act relating to the definition of medical cannabidiol.
- HF 258: An Act relating to the standard of judicial review and providing a claim or defense when a state action burdens a person’s exercise of religion, and including effective date provisions.
- HF 249: An Act relating to the classification of certain schedule I controlled substances.
- HF 248: An Act removing psilocybin and psilocyn from the list of substances classified as schedule I controlled substances under Iowa’s uniform controlled substances Act.
- HF 221: An Act relating to the compassionate use of medical cannabis Act, reclassifying marijuana, including tetrahydrocannabinols, from a schedule I controlled substance to a schedule II controlled substance.
- HF 93: An Act relating to the possession, manufacture, or delivery of marijuana and the possession of drug paraphernalia, and providing penalties.
- HF 34: An Act relating to the possession, delivery, or possession with intent to deliver marijuana, and providing penalties.
- HCR 6: A Concurrent Resolution opposing barriers to conducting research on the use of cannabis to treat medical conditions and illnesses.