Is Delta 8 THC Legal in Iowa?

In Iowa, the legal status of Delta 8 THC is shaped by a combination of state laws and interpretations of federal legislation, specifically the 2018 Farm Bill. Here's a deeper look into the sources and legal texts that contribute to the current legal stance on Delta 8 THC in Iowa:

1. Iowa Hemp Act and Controlled Substances Definitions: The Iowa Hemp Act aligns with the 2018 Farm Bill in defining hemp as cannabis with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. However, Iowa's interpretation applies this 0.3% THC threshold to total THC content, encompassing all THC isomers, including Delta 8 THC. This interpretation significantly restricts the legality of Delta 8 THC products in the state​.

2. Controlled Substance Classification: In Iowa, Delta 8 THC is classified along with other tetrahydrocannabinols as a controlled substance. This classification is based on state laws that do not make exceptions for hemp-derived THC isomers, thus making Delta 8 THC illegal under state law​​.

3. Iowa Code and Hemp Legislation: The specific legal texts that dictate this stance include Chapter 96 of the Hemp Act and Iowa Code 124, which outlines controlled substances definitions and regulations. These documents detail the legal framework surrounding cannabis and its derivatives, including stipulations on THC concentrations and the legal definition of hemp​.

4. Federal vs. State Legal Framework: While the 2018 Farm Bill federally legalized hemp and its derivatives, provided they contain less than 0.3% Delta 9 THC, individual states have the authority to enact their own regulations. Iowa has utilized this authority to impose stricter controls on THC isomers, including Delta 8 THC, by applying the THC concentration limit across all forms of THC, not just Delta 9 THC​​.

5. Legislation Details: The legislative details, including the application of the 0.3% THC limit to all THCs and the prohibition of hemp products intended for inhalation (which impacts many Delta 8 THC products), are critical in understanding the full scope of restrictions on Delta 8 THC in Iowa​.

21—96.1(204) Definitions

“Hemp” means:

1. 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 0.3 percent on a dry weight basis when tested using postdecarboxylation or other similarly reliable methods.

2. A plant of the genus Cannabis other than Cannabis sativa L., with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis when tested using postdecarboxylation or other similarly reliable methods, but only to the extent allowed by the department in accordance with applicable federal law, including the federal hemp law.

“THC” means total tetrahydrocannabinol as determined by an official laboratory test post decarboxylation.

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124.101 Definitions

20. “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, Thu Dec 05 12:35:22 2019 Iowa Code 2020, Chapter 124 (49, 4) §124.101, CONTROLLED SUBSTANCES 4 manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

4. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

u. Tetrahydrocannabinols, except as otherwise provided by rules of the board for medicinal purposes, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

(1) 1 cis or trans tetrahydrocannabinol, and their optical isomers.

(2) 6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3) 3,4 cis or trans tetrahydrocannabinol, and their optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

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These laws and regulations collectively contribute to the legal landscape in which Delta 8 THC is considered illegal in Iowa. This position contrasts with federal legislation and the approaches taken by some other states, highlighting the complexities and variances in cannabis regulation across the United States. It's important for consumers, producers, and retailers in Iowa to be aware of these specific legal nuances to navigate the legality of Delta 8 THC and related products within the state effectively.