Iowa updates new hemp regulations after pushback from THC drink brewers. What to know:


Iowa’s health department has issued more details on how the state plans to enforce new regulations on hemp products after brewers of THC-infused beverages said initial guidance was lacking and misinterpreted the law.

At the center of concerns around House File 2605 was language that would have defined every closed-container beverage as a single serving, effectively banning all beverages that contain more than 4 milligrams of tetrahydrocannabinol (THC).

Guidelines sent to brewers and retailers on June 7 and obtained by the Des Moines Register indicate they were changed “following comments on the initial release from May 24.”

Under the new rules, a container is defined as an object holding “one or more servings of a consumable hemp product.”

That means a 12-fluid-ounce drink can contain 4 mg of THC; any drink with a higher potency will have to be in a larger can; drinks cannot be smaller than 12 fluid ounces. Any beverage or edible that contains more than one serving per container must be “conspicuously labeled.”

Those updated rules will likely still mean major changes to the product lines of Iowa brewers. All of the THC-infused drinks from Climbing Kites, which are sold by Lua Brewing and Big Grove Brewery, are 12-ounce cans ranging in potency from 2.5 mg to 10 mg THC.

Climbing Kites declined to comment Tuesday on the updated guidelines. Their CEO previously told the Register that HHS’ initial rules would “dramatically impact” their products, and that they would consider legal action if a resolution was not reached with the department.

Lua Brewing’s “Climbing Kites” sparkling water is seen inside a cooler at the Despensary, 221 4th St., on Friday, September 29, 2023 in Des Moines.

Other serving sizes under the drafted rules include:

  • Gummies/fruit snacks: 30 grams

  • Chocolate or confectionaries: 4 mg of THC per 10-30 g

  • Syrups: 30 milliliters (2 tablespoons)

  • Drink mixes: amount to make 360 mL (about 12 fluid ounce) drink

HHS held an hour-long virtual town hall Monday outlining the rules and allowing comments from brewers and retailers.

A notice and public comment period is expected to begin Wednesday, and virtual public hearings are planned for July 2 and July 8. Rules are set to be adopted “no earlier than July 17,” with final rules published Aug. 7.

Retailers will have to destroy existing beverages, edibles if they don’t meet new regulations

Any THC products that don’t meet the law’s new requirements should be destroyed before the law takes effect on July 1, HHS told retailers in a memo, and will be considered controlled substances going forward.

Sellers are not allowed to repackage or relabel existing products, and should either speak to vendors directly to see about returning the product or destroying them “with local law enforcement.”

What will penalties be for violating Iowa’s new hemp regulations?

Under the law, a person must be at least 21 years of age to buy consumable hemp products. A person or business found selling or distributing the products to anyone under 21 may be found guilty of a simple misdemeanor.

A retailer that still possesses hemp products that don’t meet the law’s requirements could face penalties from a serious misdemeanor to a class B felony “depending on the amount of product in their possession.”

Selling the products without a registration could lead to civil penalties of up to $10,000 per day, with the possibility of additional criminal penalties.

Galen Bacharier covers the Statehouse & politics for the Register. Reach him at gbacharier@registermedia.com or (573) 219-7440, and follow him on Twitter @galenbacharier.

This article originally appeared on Des Moines Register: Iowa hemp law: How the state will enforce new THC regulations



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