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New drug and alcohol laws signed by Gov. Kim Reynolds this year range from kind of good to pretty bad in the eyes of freedom-loving Iowans.
‘ House File 2540 allows bars to sell sealed containers of mixed drinks and wine. This makes permanent the ‘cocktail to-go” measure Rey-nolds temporarily enacted during COVID-19 business restrictions, but does not allow Iowans to consume alcohol outside or in other public spaces. The law also allows nonprofits to host charity beer events.
‘ Senate File 2134 updates last year’s law allowing beer manufacturers to make canned cocktails, allowing more Iowa companies and consumers to partake in the growing market for canned beverages.
‘ House File 684 is a form of a ‘good Samaritan” policy, which gives limited legal protection to people who report substance-related health risks to the authorities. Iowa adopted a law in 2018 to promote overdose reporting, but it is riddled with conditions and exemptions that leave many people vulnerable to prosecution. This year’s law extends protection to underage drinkers, but has some of the same shortfalls.
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‘ House File 2589 makes several important updates to Iowa’s medical cannabis program – it adds two conditions, allows more providers to recommend treatment and removes the ban on people with felony convictions from receiving cannabis treatment. However, the law also adjusts the allowable tetrahydrocannabinol, or THC, limit in medical products, which will be an improvement for some patients but could make others worse off.
‘ House File 2581 allows for the manufacture, sale and consumption of consumable hemp products, which are grown from cannabis plants containing no more than 0.3 percent THC. The law allows stores to sell hemp-derived cannabidiol, or CBD, which is already common in Iowa but was illegal until now. Unfortunately, the law specifically prohibits smoking or otherwise inhaling hemp, making hemp cigarettes illegal.
‘ Senate File 2120 adds veterinarians to Iowa’s prescription drug monitoring program, which is intended to identify people abusing controlled substances, such as opioids. Prescription monitoring programs face concerns over their effectiveness, data privacy and the administrative burden placed on health professionals.
All in all, it was small progress and a few setbacks. That’s not good enough when our state already is behind the times – this is one of the worst states for over-criminalizing drugs and over-regulating alcohol.
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Is CBD Oil Legal in Iowa? – August 2022
Iowa state law still classifies CBD under Schedule I controlled substances (4) . Thus, such products are illegal until the federal government approves Iowa ’s hemp plan.
Attorney General Thomas Miller issued the statement on hemp plants and CBD products in May 2020, clarifying to the public that CBD is illegal under Iowa law (5) .
Historically, the 1970 Federal Controlled Substances Act defined Schedule I drugs as substances with high potential for abuse and no accepted medical use (6) .
The law included hemp, marijuana, and other cannabis plant varieties.
The 2018 Farm Bill redefined industrial hemp to remove it from the category and allowed its growth, cultivation, and manufacture (7) .
The revised definition of hemp made hemp-derived CBD products legal under federal laws , as long as the products contained less than 0.3% tetrahydrocannabinol ( THC ) on a dry weight basis (8) .
The Farm Bill also tasked the United States Food and Drug Administration ( FDA ) with regulating the labeling of CBD products .
Although such federal laws exist, the legality of using hemp products in Iowa remains limited to qualified citizens.
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The Iowa legislature passed Senate File (SF) 2360 or the Iowa Medical Cannabidiol Act in 2014 (9) .
The law allowed Iowans with intractable epilepsy to use CBD products with a THC content of less than 0.3%.
Although the act existed, residents had no way to purchase CBD products within the state of Iowa .
House File 524
Former Gov. Terry Branstad signed HF 524 or a revised version of the Iowa Medical Cannabidiol Act in 2017 to authorize the use of medical cannabis (10) .
This law assigned the Iowa Department of Public Health (IDPH) with developing a framework to regulate the manufacture and sale of CBD.
The law also granted the Iowa Department of Transportation (DOT) the authority to issue a medical cannabidiol registration card to qualified patients.
Patients with a medical cannabidiol registration card may purchase CBD products legally from licensed dispensaries in Iowa.
Iowa Hemp Act (SF 599)
Gov. Kim Reynolds signed Senate File (SF) 599 or the Iowa Hemp Act in May 2019 (11) .
Through this law, the current governor assigned the Iowa Department of Agriculture and Land Stewardship (IDALS) to draft an industrial hemp program.
By approving the draft, the United States Department of Agriculture ( USDA ) granted the IDALS the power to oversee hemp and CBD product regulation within the state.
House File 2589
Later on, lawmakers signed more amendments to Iowa ’s Medical Cannabidiol Program through HF 2589 (12) .
Gov. Kim Reynolds signed the law on June 29, 2020, which took effect on July 1, 2020.
This law removed the 0.3% THC limit on products and replaced it with a 4.50g THC purchase limit per 90 days.
The only exceptions to this amendment were terminally ill patients and those with healthcare practitioner s that certified them for additional THC use upon joining the program.
Other modifications included the addition of post-traumatic stress disorder (PTSD) to the conditions.
This law also redefined the scope of medical conditions that CBD was used for , from “untreatable pain” to “ chronic pain .”
HF 2589 also shifted the responsibility of issuing registration cards to the IDPH instead of the DOT.
Farmers and growers can apply for an Iowa hemp license to grow and cultivate hemp plants within the state through the IDALS Hemp Law (13) .
It is important to note that this commercial hemp production program does not legalize CBD consumption.
All individuals associated with the hemp industry must submit their fingerprints upon applying for a hemp license.
Associated individuals include:
- Those with at least 5% or more legal or equitable interest in hemp crops
- Those applying as a member of a business entity
- Key participants in an executive corporate entity
- An applicant appointed by the president or chancellor of an institution governed by the state board of regents
- An individual acting as the authorized representative for the hemp licensee
The IDALS also collect s license application fees once an individual submits their hemp license application.
|Acres||License Fee||Base Inspection Fee|
|0 to 5||$500 plus $5 per acre||$1,000|
|5.1 to 10||$750 plus $5 per acre||$1,000|
|10.1 to 40||$1,000 plus $5 per acre||$1,000|
More information on the application process is available at the Iowa Department of Agriculture website .
At the state level, laboratories must establish independent test methods and implement standard operating procedures for testing CBD products for cannabinoids , microbials, residual solvents, heavy metals, and pesticides (14) .
Based on Iowa ’s Hemp Law, apart from standard nonrefundable sampling fees, a hemp licensee must provide a pre-harvest notification to the IDALS through a published form at least 30 days before harvesting (15) .
Upon receipt of the pre-harvest notice, the IDALS schedule a sampling appointment with the licensee.
The licensee or an authorized representative then accompan ies the IDALS inspector at the crop site to produce official samples. The inspector collect s samples based on the following table (16) :
|Number of Acres||Number of Plants Sampled||Number of Acres||Number of Plants Sampled||Number of Acres||Number of Plants Sampled||Number of Acres||Number of Plants Sampled|
*If necessary for obtaining adequate samples, the IDALS inspector may take more than the minimum cuttings listed in the table.
More information on official hemp harvest sampling, testing, and timing is available at the Iowa Department of Agriculture website .
Buying CBD Legally
MedPharm Iowa is the only licensed CBD manufacturer within the state, per the Iowa Medical Cannabidiol Program (17) .
How to Choose Which CBD Products to Buy
When choosing the best CBD products to buy in Iowa , customers should consider if the shops they plan to purchase from are accredited by the Better Business Bureau (BBB). BBB gathers consumer reports and reviews on various businesses and only accredits credible entities (18) .
As of November 2020, only two CBD oil stores in Iowa are listed on the BBB site, both of which are not accredited by the BB B (19) :
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Phone: (563) 676-1122
CBD oil comes in various forms. Standard CBD products include oil tinctures , CBD gummies , pills or capsules, topicals , and vape products.
The acceptable forms of medical CBD in Iowa are any of the following (20) :
- Oral forms – tablets, capsules, liquids, tinctures , and sublingual forms
- Topical forms – gels, ointments, creams, lotions , and transdermal patches
- Nebulized inhaled forms
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Hemp quality is an important factor to consider in choosing CBD products since most of them are hemp-derived.
Individuals purchasing CBD products from licensed distributors in Iowa must look for the certificate of analysis (COA).
The COA is a document that third-party labs issue a CBD company to ensure that its products meet quality standards.
A COA contains a CBD product ’s cannabinoid profile and test results to see if they contain pesticides, bacteria, heavy metals, and residual solvents.
Where to Buy CBD Products Legally
Registered patients or their proxies may purchase CBD products in person from one of three licensed dispensaries in the s tate:
- Sioux City, IA
- Windsor Heights, IA
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These dispensaries have lists of products on their websites. Registered patients may contact the nearest location to schedule appointments for making purchases.
How to Read CBD Labels and Packaging
Medical CBD products in Iowa must meet the state’s extensive labeling requirements (21) .
Per Iowa state regulations, CBD product labels must list the following details:
- Manufacturer’s name and address
- Primary active ingredients
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- The recommended amount and the maximum amount by age and weight
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Customers should seek CBD brands that comply with these labeling requirements to ensure that they are purchasing from a reliable source.
Some CBD brands include scannable QR codes on their products so customers can compare the labels with actual lab results.
What Is CBD?
CBD is short for cannabidiol, a non-psychoactive cannabinoid found in Cannabis sativa plants, particularly hemp.
The three types of CBD are full-spectrum, broad-spectrum, and CBD isolates.
Full-spectrum CBD contains all terpenes, flavonoids, fatty acids, and naturally occurring cannabinoids within the hemp plant .
Broad-spectrum CBD contains almost the same components as full-spectrum CBD, except THC .
Meanwhile, CBD isolates only contain cannabidiol after chemically separating the other components of the hemp plant .
What Is the Difference Between Hemp- and Marijuana-Derived CBD?
Both hemp and marijuana plants contain CBD.
CBD is more abundant in hemp plants , while THC is more abundant in marijuana plants.
Hemp-derived CBD has less than 0.3 % THC on a dry weight basis and is federally legal.
Marijuana-derived CBD contain s more than that THC amount, making such products illegal.
What Are the Benefits of CBD Oil?
Several studies have looked at the purported benefits of CBD oil .
Researchers observed that CBD has potential therapeutic benefits for Parkinson’s disease (22) , Crohn ’s disease (23) , and multiple sclerosis (24) .
Still, the US FDA has only one approved CBD treatment for epilepsy called Epidiolex (25) .
Does CBD Oil Have Side Effects?
CBD has a good safety profile , according to the World Health Organization (26) . However, it may have potential adverse effects, including the following (27) :
- Liver damage
- Loss of appetite and gastrointestinal problems
- Mood changes
- Potential drug interactions
- Changes in alertness
- Dry mouth
Why Is CBD Oil Legal in the Other States?
The 2018 Farm Bill legalized hemp cultivation at the federal level. This law redefined hemp as cannabis with less than 0.3% THC content .
Individual states have their interpretation of this law while adhering to FDA standards.
Retailers cannot market CBD as medication or dietary supplements , per FDA regulation.
Misdemeanors and failure to comply with federal law enforcement may result in corresponding fines.
Although the Farm Bill of 2018 legalized the cultivation of hemp in all 50 states at the federal level, CBD is still illegal in Iowa .
Iowans may only purchase medical CBD from licensed dispensaries within the state.
*The information shared in this article was based on findings retrieved on November 11, 2020. The legality and regulations for CBD may change without notice .