Bill targets high THC hemp and cannabis products, bans sale to minors

Published by editor on Wed, 02/14/2024 - 11:29am

By:

Robin Opsahl

Iowa Capital Dispatch

Business owners and farmers told lawmakers Wednesday that a bill making changes to Iowa’s regulation of hemp products would harm Iowa businesses as well as prevent families with children who have severe pain or complications with illnesses from accessing cannabidiol products.

House Study Bill 665 comes following the restricted legalization for the state’s medical cannabis in 2017 as well as updates for the allowed sale of some hemp products in 2019. In the years since, Iowa has seen an emerging market for grown and synthetic cannabis products for both medical and recreational purposes that fall within the state’s limit of 0.3% Tetrahydrocannabinol, or THC — the psychoactive component of cannabis — for hemp-derived products, and through the state medical cannabidiol program.

The bill, brought forward by the Iowa Department of Public Safety, includes measures allowing the state Department of Health and Human Services to more directly regulate the sale of hemp-derived and cannabis products. The agency could penalize businesses that are not conforming to Iowa law, such as the sale of products that above Iowa’s THC limit or in a non-accepted form like raw flower products.

The bill also includes provisions prohibiting selling or giving cannabis products to people under age 21, and allows the state to take administrative action against businesses manufacturing and selling alcoholic beverages that contain THC.

Scott Booher of Four Wind Farms, a hemp product grower and manufacturer, said while he understood the concerns about businesses that are not complying with Iowa law, the bill would cause law-abiding businesses to get “swept up in collateral damage.”

He pointed to portions of the bill restricting minors from access to all hemp-derived products — including ones that do not contain THC. Some of customers are buying CBD products for their children to help with issues from behavioral problems to pain reduction, he said.

Booher asked for lawmakers to “narrow things down” and ensure the proposed regulations are only targeting bad actors.

“Let’s look at what needs to be taken care of instead of just sweeping everybody under the rug,” Booher said.

Tyson Allchin criticized lawmakers for changing standards about hemp and medical cannabis production. As a licensed hemp grower, Allchin said he believes he is the first Iowa producer to grow a product that met the requirements for human consumption.

“My flower was packaged and labeled as a food-grade ingredient, lessons on infusion and extraction for personal use had been planned out and promoted, and HHS approved it on Jan. 31,” Allchin said. “… And six days later, this bill attempts to ban it. I’ve exceeded state requirements, requirements which exceed federal guidelines. I’ve done everything required of me, and the state (is) continuously changing my goal. How can small farms ever get established when the state keeps moving our goal line?”

Others, including Leslie Carpenter with Iowa Mental Health Advocacy, spoke in support of the legislation in increasing oversight over the sale of cannabis and hemp products. Medical studies show that teens who use cannabis with high THC potency are at higher risk of developing psychosis and schizophrenia, Carpenter said, showing the need for age restrictions.

“I want to say I fully support medical marijuana,” Carpenter said. “It’s the high potency THC products, and the fact that currently a child can walk into a store and purchase them, that makes me very concerned.”

Republican lawmakers moved the legislation out of subcommittee on a 2-1 vote. Rep. Phil Thompson, R-Jefferson, said he was glad to hear that most people are “willing to admit there are bad actors,” but that he understood the frustration of businesses who are following the rules in place.

“But this is an important conversation to advance,” Thompson said. “I appreciate DPS on working on this and bring forth some guidelines on regulating this.”