County Attorney: Yes, Some Hemp Consumables Are Now Legal –But Be Careful

Primghar, Iowa — While some hemp consumables are now legal to buy and sell in Iowa, smokable or vape-able marijuana and THC are not among them — and you’d be advised to be careful with the products that do seem to be legal.

That’s according to O’Brien County Attorney Rachael Becker.

(as said) “There’s still a little bit more highly regulated in the state of Iowa. I think that what you would really look for in these cases for ones that are permitted to be used in the State of Iowa is that you’d have to really go into the code section… to Iowa Code section 204 and look at what the requirements are for where you’re going to be purchasing those CBDs, those hemp consumables from… because there still is a way that it — in my reading of it — is that they’re trying to Iowa as a state is trying to regulate it somewhat and requiring restrictions on the advertisement and how the places that are producing it have to do to make sure that the consumers are aware of what they are actually buying and so it doesn’t necessarily mean that you can you know by gummies or buy consumables from all across the country and bring them here in Iowa or anything like that. They’re still illegal to bring in if they don’t comply with what our testing procedures are in the state of, Iowa.”

She says the law is clear about smoked marijuana or vaped THC oil. They’re still illegal in the state.

(as said) “The inhalation of it is not permitted under the code section as well. And so it is a criminal offense then if any person is to possess or use, manufacturer, market, or distribute any harvested hemp or hemp products that are intended to be used or consumed through the human body by inhalation.”

As far as using consumables, Becker says to be careful — because there really are not that many of them that are now legal. Most of the products still remain off-limits. In general, the law says they can’t contain more than three-tenths of a percent (0.3%) THC.

In summary, Becker says no vaping or smoking — and be careful because even if the package says it’s within the legal requirements — if it’s tested and is found to be over the limit, you’re still breaking the law and would be subject to prosecution.

Becker suggests that if you run an Iowa retail establishment and you want to offer these new consumables for sale, that you get a lawyer to help you negotiate the law. She says there are a number of licensing requirements.

For more information from the State of Iowa, click here.

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