Iowa lawmakers look to regulate legal ‘consumable hemp’ products

DES MOINES — Iowa lawmakers want to add a raft of regulations on the sale of hemp-derived cannabis products.

House Study Bill 665 was advanced by Republican House lawmakers on Wednesday. The bill would allow the Department of Health and Human Services to regulate sale and distribution and set a maximum potency limit for products derived from hemp, which the bill calls “consumable hemp” products.

It would also ban the use of consumable hemp products by people under age 21 and impose criminal penalties on people and businesses that sell or give those products to minors.

Consumable hemp refers to a range of products legalized under the 2018 federal Farm Bill, and the later Iowa Hemp Act. The laws allow for the sale of hemp products that contain less than 0.3 percent THC by weight. THC is the main chemical in marijuana that causes the “high.”

While the law was intended to address low-potency CBD sales, it also legalized the sale of hemp-derived THC products that have a similar psychoactive effect to products sold in states where recreational marijuana is legal.

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Republican lawmakers said the bill was necessary to regulate an industry that is not heavily regulated by state law. Rep. Steve Holt, a Republican from Denison, who led the subcommittee meeting, said lawmakers did not expect the products currently being sold in Iowa when they passed the Iowa Hemp Act.

“We thought we were dealing with the intoxicating aspect, only to find out that there are ways to get around that,” Holt said. “So it’s sort of the wild, wild west out there in a lot of ways, with THC-infused drinks being able to be served to minors, a lot of other things going on that are not acceptable.”

While 5 to 10 milligrams of tetrahydrocannabinol, or THC, can be intoxicating, some drinkable products have 1,000 milligrams or more per can, according to the state’s Bureau of Cannabis Regulation. These products often are marketed as “heavy” because of the large doses of THC by weight of the product.

Holt and Republican Rep. Phil Thompson of Boone advanced the bill for consideration by the full House Public Safety Committee. Rep. Bob Kressig, a Democrat from Cedar Falls, did not vote to advance it.

Kressig said he supported the stricter rules around licensing and restrictions on sales to minors, but he was worried it would limit access for people who need the products.

“I’ll just admit, I use it. I use it to sleep at night,” he said. “Because this job and the stress and stuff — and it works.”

The bill would create criminal and civil penalties for selling consumable hemp products without first registering with the state. It also allows HHS to confiscate products from retailers that it deems to be in violation of the law.

Manufacturers, sellers object to the rules

Hemp growers and owners of shops that sell CBD and THC products in Iowa told lawmakers during the subcommittee meeting they had no problem with some of the bill’s provisions, but that others were overly punitive and vague.

A major point of contention was the rule allowing HHS to set a cap on the potency of products. While the law limits products at 0.3 percent by weight, there is currently no cap to the amount of THC in each package or unit sold by Iowa retailers.

Phil Gauthier, who grows and sells consumable hemp products in central Iowa, said the rules and regulations in the bill are too vague and the cap on product potency was unnecessary.

“This takes into account no reason for why the person is consuming it, how they’re consuming it or anything like that,” he said. “... So when we take steps backwards, why are we then taking away independence, choices and freedoms that Iowans have currently?”

Some people also objected to the fact that the prohibition on use by minors offers no exception for CBD and other non-psychoactive hemp products.

Scott Booher, who operates Four Winds Farms in Amana, produces CBG, another non-psychoactive hemp product. He said some parents buy the products for their children to help with medical issues.

“Let’s look at what needs to be taken care of instead of just sweeping everybody under the rug,” he said. “We have patients that are kids, we have parents that buy our hemp products for their children. For ADD, for behavioral problems.”

CBD products have been approved for medical use for children with certain seizure disorders, but medical authorities say there are risks associated with its use in minors.

Bill proponents say products are unregulated, unsafe

The bill was proposed by the Iowa Department of Public Safety. Josie Wagler, the department’s legislative liaison, said it was necessary to regulate the high-potency products that are available to Iowans.

“We’ve seen an emergence of high potency, high-THC products hit the market,” Wagler said. “And coupled with that, there are no age restrictions for purchasing these products. So really the purpose is to get at that, and to give HHS and law enforcement some additional tools to help regulate these highly intoxicating products.”

Some Iowa mental health groups are registered in favor of the bill. Leslie Carpenter, the co-founder of Iowa Mental Health Advocacy, said at the meeting that the availability of potent THC products, especially to minors, poses a risk for psychotic disorders and schizophrenia.

There is some evidence that frequent cannabis use in adolescence is linked to higher rates of schizophrenia.

“As THC levels have risen, we have seen an increase in the number of people who develop psychosis and schizophrenia, even in families where they have no genetic tie to any mental illness in their family,” she said.