This week, I floor-managed legislation to get the out-of-control hemp industry under control. This industry is selling products in Iowa with high concentrations of THC, the ingredient in hemp and marijuana that creates a high. In this edition of Freedom Watch, I will provide the background on how we got to where we are today and the legislation we passed to address it.
In 2018, the Federal Government passed the Hemp Act. In order to be in compliance with that federal law, we had to advance legislation in Iowa. We did so in 2019, believing that we were greenlighting legitimate products and uses by Iowans, while opening up opportunities for farmers. Hemp can be used in rope, textiles, paper, plastics, paint, insulation, and other products. We also believed that the CBD in hemp could be used in things such as ointments and lotions. CBD does not produce a high or intoxicating effect. We limited the amount of THC to .3%, believing this would prevent the production and use of hemp to create products that were intoxicating. Note that in the legislation we passed there were no provisions for age requirements for consumable hemp products, precisely because we did not believe or have any idea that there would be a need, since we had limited the THC.
Under the current “.3% THC by weight” framework in which we thought we had taken care of this, with no potency limits, heavy ingredients (sugar, chocolate, liquid, etc.) may be added to scale the total amount of THC with a product’s weight and remain compliant with the .3% THC threshold. This is what has created the problem that we did not anticipate when we passed our hemp law in 2019. Iowa requires upfront approval of all consumable hemp products for sale, and frequently there are “compliant” and “legal” products that contain dozens of mg of THC per serving, and hundreds (even up to 1,000 mg) of THC per container, producing highly intoxicating and dangerous effects.
We now have THC infused drinks and a variety of other products with high concentrations of THC – a stark contrast to what was clearly intended by the federal government and the Iowa Legislature. 10mg and more of THC in products will get a person high, and while I hope no one is doing it, the reality is that these products could currently be sold to children based on the law. We did not anticipate or understand what was coming, and clearly neither did the Feds at the time they passed their Hemp Act.
It is the Wild West in Iowa thanks to the loopholes we did not know we created, and the careless federal law that was passed. THC infused drinks with 10mg of THC, in some cases higher, is recreational level THC found in recreational marijuana programs in other states.
The long-term negative societal consequences of not regulating the THC in these hemp products is clearly visible in states that have moved forward with recreational marijuana programs and the THC that comes with it. In those states that allow high amounts of THC in their programs, we see increased use by young people under the legal age, higher drop-out rates from high school, lower graduation rates from college, and more homeless on the streets.
In Colorado in 2016, for adolescent suicides, substances containing high THC were the most common substances present for ages 10-19. Of 62 suicides with toxicology data available, THC containing products were present in 30.6%, compared to 9.7% for alcohol. In the five-year period following legalization of products containing THC, there was a 77.5% increase in the proportion of suicide victims with THC present in their bodies.
According to the World Health Organization and the U.S. National Academy of Science, Engineering & Medicine, an estimated 13% of cases of Schizophrenia could have been averted if no one in the cohort had used products containing THC.
Traffic fatalities with blood or urine drug screens positive for THC have risen sharply in Colorado. I could go on, but I will site this final statistic – it is estimated that for every dollar Colorado takes in from the legalization of products containing THC, they spend $4.50 to mitigate the effects of that legalization.
In response to these realities and the unregulated THC in hemp products in Iowa, the legislation I advanced does the following:
- Sets the THC limit at four milligrams per serving and ten milligrams per container on a dry weight basis.
- Mandates that a person must be 21 or older to purchase or possess products containing THC.
- Prohibits a person from possessing, using, manufacturing, marketing, transporting, delivering, or distributing a consumable hemp product if it is capable of inhalation. Thus, we are prohibiting the smoking of these products.
- Stipulates that those engaged in the sale of consumable hemp products and are not registered with Health & Human Services commit a serious misdemeanor and are subject to civil penalty.
- Authorizes Health & Human Services to order the confiscation and disposal of a hemp product under three circumstances: if it is falsely advertised, sold or distributed as a consumable hemp product; if it exceeds the maximum THC limit; or if a consumable hemp product is being manufactured, sold or distributed by a person who is not registered as required in Code section 204.7.
- Prohibits synthetic THC.
- Instructs Health & Human Services to establish warning labels on products containing THC as to their intoxicating effects.
- Prohibits alcoholic beverages from containing THC.
One of the arguments made against this legislation is that it will hurt businesses that are selling these products. Yet, it is very clear if you look at the history of both the federal and state laws that were passed that there was no intention that consumable hemp products with intoxicating qualities would be sold. These businesses had to know they were getting into a highly risky venture and were taking advantage of loopholes that would likely be closed, which is exactly what is happening in Iowa and numerous other states.
It is unfortunate that federal hemp laws prevent us from prohibiting THC altogether, and for that reason we have taken action to regulate this highly intoxicating and harmful drug that for many is a gateway to destruction.
Don’t you people have anything better to do but try and regulate our lives? Why don’t you do something important like stopping the Carbon Pipelines from stealing property.
I’m pretty sure we all can find some much more important things you all can do but regulate some THC.
1 Timothy 4:1-5 might speak to this. Some deceived by evil spirits will advocate for the abstaining from foods which God has created.