The hemp industry in Iowa is undergoing detrimental changes with the enactment of House File 2605 that will go into effect on July 1, 2024. This law, signed on May 17, 2024, seeks to restrict access to hemp consumables that have been unfairly demonized and are falsely labeled as dangerous and intoxicating, phrased to protect minors from access. It sets the legal age to purchase hemp products at 21, THC serving size restrictions, prohibits the use of flower for inhalation purposes, requires warning labels on products, and imposes criminal and civil penalties on retailers and manufacturers who violate these regulations.
Unjust Restrictions on Hemp Consumables
House File 2605 has been updated twice since its passing in May 2024. The restrictions on THC levels have had a significant impact on the availability of consumable hemp products in retail stores, with an estimated 80-90% of products considered illegal under the new law. This has forced many businesses to change their product offerings, destroy inventory, or completely shut down in order to comply with the regulations, leading to less competition, fewer choices for consumers, and potentially higher prices in the coming months.
One of the key provisions of the new law is the restriction on THC concentration in consumable hemp products. The law stipulates that the THC concentration must be less than or equal to 0.3% on a dry-weight basis or less than 4 milligrams per serving or 10mg per container. Imposing such limitations drastically limits the ability for these products to provide functional relief to consumers.Â
Key Highlights of House File 2605:
- Legal age to purchase set at 21 years of age
- Hemp in flower form cannot be used, marketed, or distributed for inhalation
- Warning label required on hemp consumables
- Retailers & manufacturers face criminal & civil penalties for violations
- Penalties range from serious misdemeanor to Class B felony
- THC concentration restricted to 4 mg per serving, with no more than 10 mg per container, less than or equal to 0.3% on a dry-weight basis
Legal Battles and Controversies Surrounding House File 2605
The implications of these changes have not been without controversy, as two Iowa companies have filed a lawsuit against the state over its interpretation of the new law. Climbing Kites and Field Day Brewing Co. are challenging the restrictions on THC levels in adult beverages, arguing that the Iowa Department of Health and Human Services has overstepped its authority in interpreting the provisions of House File 2605. The outcome of this lawsuit could have far-reaching implications for the hemp industry in Iowa and beyond.
Importance of Staying Informed and Advocating for the Hemp Industry
It’s essential for hemp industry stakeholders to stay informed and advocate for legislation promoting a thriving and responsible sector. Protecting rights under the 2018 Farm Bill and promoting sensible regulations are key for industry longevity. Supporting organizations like American Healthy Alternatives Association can aid in advocacy efforts and safeguard the interests of businesses, employees, and consumers amidst changing hemp legislation. In conclusion, staying informed and proactive in navigating evolving regulations is crucial for the hemp industry’s ongoing success and sustainability in Iowa and beyond. Advocating for industry needs and active involvement in legislative processes are vital steps towards maintaining a thriving and responsible hemp industry.
