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CBD and Hemp Legality in Iowa: Iowa Hemp Laws - 2021 Update

2021 Update:

No new updates have been made on hemp and CBD laws in Iowa.

In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Iowa Hemp Laws and the legality of CBD in Iowa, it is important to understand the different types of hemp and CBD products that these laws may be applied to.

is CBD legal in Iowa?
Is CBD legal in Iowa?

There are many (somewhat confusing) terms for hemp oil:

  • Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
  • Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
  • Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
  • PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
  • CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
  • Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).

FAQ: Hemp and CBD Legality in Iowa

When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:

Is Full Spectrum CBD Legal in Iowa?

That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.

According to Iowa hemp laws, it is legal to grow hemp under Iowa's hemp research program. However, CBD is not legal to produce, sell, or use in Iowa. Regardless, CBD stores do exist in Iowa and are selling CBD to residents. This is risky though, and not legal. Iowa hemp laws are intended to legalize industrial hemp for making products like fabric, paper, plastic, an biofuel. Like many states, Iowa wants to encourage these economic opportunities but legally, CBD can only be obtained through a doctor under the state's medical cannabidiol program.

Farmers can apply for a license to grow hemp in Iowa. Growers are advised to do their research and confirm there is a viable, profitable market for commercial hemp production before they make an investment in seed and equipment. This commercial hemp production program does not legalize the use of cannabidiol (CBD) for human consumption, extraction or processing in Iowa

Iowa Department of Agriculture and Land Stewardship

Is It Legal to Ship PCR Hemp Oil to Iowa?

It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.

Where to Buy Full Spectrum CBD Oil in Iowa?

Despite the Iowa hemp laws, there are just a few risky CBD stores in the state that people can buy CBD from illegally. There is nothing to stop Iowa residents from buying hemp and CBD products in stores or online, but it is not legal.

Do you need a special license to purchase PCR Hemp Oil in Iowa?

Yes, to legally possess CBD in Iowa you must register and be prescribed it by a physician.

How Does Iowa Legally Define Hemp?

a. “Hemp” means the plant cannabis sativa L. and any part of that plant, including the
seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.
b. “Hemp” also means a plant of the genus cannabis other than cannabis sativa L., with
a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis, but only to the extent allowed by the department in accordance with applicable federal law, including the federal hemp law.

Iowa Hemp Statute. March 20, 2020.

Growing and Selling Hemp inIowa

Iowa hemp growers and handlers must be registered and licensed with the state. They have a defined legal process to follow. Hemp must comply with Iowa hemp laws:

  • Products must contain no more than 0.3% THC
  • The THC must be reported as “total THC
  • Products must come from a registered farm
  • Products must be tested by a licensed laboratory

In addition to Iowa state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. Iowa state hemp laws only allow only for hemp products such as:

  • Industrial hemp for building or fiber materials
  • Industrial hempseed (food product)
  • Industrial hempseed oil (food product)

Iowa and the 'Gray Area' of CBD Legality

Like many states, Iowa hemp laws do not legalize CBD products. The FDA is currently not completely prohibiting hemp and CBD products entirely, but no CBD product is literally 100% legal in all 50 states. That is because state laws are in place that regulate CBD differently in each state.

There are some CBD products that are explicitly illegal federally like CBD gummies, and any product where CBD is added to food or drink. Any product with more than 0.3% delta-9-THC is also federally illegal.

When it comes to states, each has different requirements for what they consider to be the amount of THC in a product. Some states require less than 0.3% delta-9-THC while others require THC to be more accurately reported as delta-9-THC + THCA, multiplied by the amount of THCA that can be activated and converted to delta-9-THC when heated. This more accurate THC calculation is not always the calculation used on labeling.

Labeling requirements for CBD products also vary by state and not all products can be legally retailed in all 50 states. When it comes to CBD, it is very important to actually read the state laws and understand that a product that is not produced in your state might not be legal to buy, sell, use, or possess. A good example of this are Louisiana, Indiana, North Carolina, and Kentucky which prohibit any smokable CBD or hemp product including flower, concentrates, and vapes! There are also states like Idaho where hemp and CBD are both illegal and heavily penalized.

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