Iowa Code 204.4 – Hemp license — requirements
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1. The department shall establish and administer a process to receive, evaluate, and approve or disapprove applications for a hemp license.
Terms Used In Iowa Code 204.4
- Controlled substance: means the same as defined in section 124. See Iowa Code 204.2
- Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
- Department: means the department of agriculture and land stewardship. See Iowa Code 204.2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Fund: means the grain depositors and sellers indemnity fund created in section 203D. See Iowa Code 203D.1
- Hemp: means the plant cannabis sativa L. See Iowa Code 204.2
- license: means a hemp license issued pursuant to section 204. See Iowa Code 204.2
- Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
- Licensee: means a person who obtains a hemp license from the department under this chapter. See Iowa Code 204.2
- Local law enforcement agency: means an office of county sheriff or a municipal police department. See Iowa Code 204.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Produce: means to provide for the planting, raising, cultivating, managing, harvesting, and storing a crop. See Iowa Code 204.2
- site: means a single contiguous tract of agricultural land suitable for the planting, growing, or harvesting of hemp, if the tract does not exceed three hundred twenty acres. See Iowa Code 204.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
2. The department shall prepare and publish one or more hemp license application forms in cooperation with the department of public safety. A completed application form submitted to the department shall contain all of the following:
a. The applicant’s full name and residence address.
b. A legal description and map of each crop site where the applicant proposes to produce the hemp including its global positioning system location.
c. The number of crop acres to be used for hemp production.
d. The name of the hemp variety.
e. The results of a national criminal history record check of an applicant as may be required by the department. The department shall inform an applicant if a national criminal history record check will be conducted. If a national criminal history record check is conducted, the applicant shall provide the applicant’s fingerprints to the department. The department shall provide the fingerprints to the department of public safety for submission through the state criminal history repository to the federal bureau of investigation. The applicant shall pay the actual cost of conducting any national criminal history record check to the department of agriculture and land stewardship. The department shall pay the actual cost of conducting the national criminal history record check to the department of public safety from moneys deposited in the hemp fund pursuant to section 204.6. The department of public safety shall treat such payments as repayment receipts as defined in section 8.2. The results of the national criminal history check shall not be considered a public record under chapter 22.
f. Any other information required in order to administer and enforce the provisions of this chapter.
3. As a condition for the issuance of a hemp license, the licensee consents to the department, the department of public safety, or a local law enforcement agency entering upon a crop site as provided in section 204.9.
4. The department may do all of the following:
a. Require that all or some licenses expire on the same date.
b. Provide a different application form and requirements relating to the submission, evaluation, and approval or disapproval of an application for a renewed hemp license consistent with federal law.
5. An applicant shall not be issued a hemp license unless the applicant agrees to comply with all terms and conditions relating to the regulation of a licensee as provided in this chapter.
6. A person may hold any number of licenses at the same time. However, the person shall not hold a legal or equitable interest in a licensed crop site, if the total number of acres of all licensed crop sites in which the person holds any such interest equals more than three hundred twenty acres.
7. An initial hemp license expires one year from the date of issuance and may be issued on a renewal basis annually. The department may require that a licensee apply for an amended or new initial license if information contained in the existing application is no longer accurate or is incomplete.
8. The department and the department of public safety shall cooperate to develop procedures for the sharing of information regarding applicants, including information required to be completed on application forms. Upon request, the department or the department of public safety shall provide information regarding an applicant to a department of agriculture or law enforcement agency in another state.
9. Information received on an application form shall be maintained by the department for not less than three years.
10. The department shall disapprove the application of a person for good cause, which shall include, but is not limited to, any of the following:
a. A conviction for committing a criminal offense involving a controlled substance as described in section 204.7.
b. A third violation of a provision of this chapter in a five-year period. The department shall disapprove any application of a person for a five-year period following the date of the person’s last violation in the same manner as provided in section 204.15.
c. The revocation of a hemp license under section 204.11, or the revocation of a license, permit, registration, or other authorization to produce hemp in any other state.
11. A hemp license shall be suspended or revoked as provided in section 204.11.