Iowa Code

Iowa Code § 204.2 (2026)

Definitions

✓ current as of July 2026

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As used in this chapter, unless the context otherwise requires:

1. “Advertise” means to present a commercial message in any medium, including but not limited to print, radio, television, sign, display, label, tag, or articulation.

2. “Consumable hemp product” means a hemp product that includes a substance that is metabolized or is otherwise subject to a biotransformative process when introduced into the human body.

a. A consumable hemp product may be introduced into the human body by ingestion or absorption by any device including but not limited to an electronic device.

b. A consumable hemp product may exist in a solid or liquid state.

c. A hemp product is deemed to be a consumable hemp product if all of the following apply:

(1) It is any of the following:

(a) Designed by the processor, including the manufacturer, to be introduced into the human body.

(b) Advertised as an item to be introduced into the human body.

(2) Its maximum total tetrahydrocannabinol concentration is less than or equal to the lesser of the following:

(a) Three-tenths of one percent on a dry weight basis.

(b) Four milligrams per serving and ten milligrams per container on a dry weight basis.

d. “Consumable hemp product” includes but is not limited to any of the following:\n\nTue Dec 09 22:22:28 2025 Iowa Code 2026, Chapter 204 (45, 4) §204.2, HEMP AND HEMP PRODUCTS 2\n\n (1) A noncombustible form of hemp that may be digested, such as food; internally absorbed, such as chew or snuff; or absorbed through the skin, such as a topical application.

(2) Hemp processed or otherwise manufactured, marketed, sold, or distributed as food, a food additive, a dietary supplement, or a drug.

e. “Consumable hemp product” does not include a hemp product if the intended use of the hemp product is introduction into the human body by any method of inhalation, as prohibited under section 204.14A.

3. “Controlled substance” means the same as defined in section 124.101.

4. “Department of health and human services” or “department” means the principal central department established in section 7E.5, subsection 1, paragraph “i”.

5. “Distribute” means to transfer possession.

6. “Federal Food, Drug, and Cosmetic Act” means the Act so entitled as codified in 21 U.S.C. §301 et seq., including regulations adopted pursuant to that Act by the United States food and drug administration under the Code of Federal Regulations, Title 21.

7. “Federal hemp law” means that part of Tit. X of the Agriculture Improvement Act of 2018, Pub. L. No. 115-334, that authorizes hemp production according to a state plan approved by the United States department of agriculture, as provided in §10113 of that Act, amending the Agricultural Marketing Act of 1946, 7 U.S.C. §1621 et seq., including by adding §297A through 297E.

8. “Hemp” means the same as defined in section 204A.2.

9. a. “Hemp product” means an item derived from or made by processing hemp or parts of hemp, including but not limited to any item manufactured from hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle board, plastic, hemp seed, seed meal, or seed oil.

b. “Hemp product” does not include any of the following:

(1) (a) An item or part of an item that exceeds the maximum total tetrahydrocannabinol concentration allowed for a hemp product under section 124.204, subsection 7.

(b) An item or part of an item that is metabolized or is otherwise subject to a biotransformative process when introduced into the human body and that exceeds the maximum total tetrahydrocannabinol concentration allowed for a consumable hemp product.

(2) Hemp seed that is capable of germination.

10. “Local law enforcement agency” means an office of county sheriff or a municipal police department.

11. “Registrant” means a person who is registered with the department of health and human services pursuant to section 204.7. 2019 Acts, ch 130, §2, 18, 19; 2020 Acts, ch 1065, §2, 3, 19; 2020 Acts, ch 1121, §107 – 109; 2021 Acts, ch 93, §37, 38; 2022 Acts, ch 1030, §1, 3; 2024 Acts, ch 1176, §1 – 3; 2024 Acts, ch 1177, §28 – 30, 55 \n 204.3 State plan — implementing rules. Repealed by 2024 Acts, ch 1177, §44, 55. \n 204.4 Hemp license — requirements. Repealed by 2024 Acts, ch 1177, §44, 55. \n 204.5 Hemp fees. Repealed by 2024 Acts, ch 1177, §44, 55. \n 204.6 Hemp fund. Repealed by 2024 Acts, ch 1177, §44, 55. \n

Notes of Decisions

Cited in 19 cases, 1969–1998 · leading case: Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).

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Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998). · cites it 4× “" Iowa Code § 204.2 (1), (3). In addition, as part of the permitting scheme outlined above, an applicant must pay an indemnity fee prior to the issuance of a construction permit.”

State v. Ritchison, 223 N.W.2d 207 (Iowa 1974). · cites it 6× “Richard Dean Ritchison was charged by county attorney’s information with sale of a narcotic drug contrary to section 204.2, The Code, 1966. Following his plea of not guilty defendant was tried and convicted by a jury of the crime as charged.”

State v. Tokatlian, 203 N.W.2d 116 (Iowa 1972). · cites it 4× “These consolidated appeals arise from two judgments sentencing defendants to two years in the state penitentiary following separate convictions of selling narcotic drugs in violation of section 204.2, The Code, 1966. Vincent Tokatlian was accused of having sold a quantity of…”

State v. Lynch, 197 N.W.2d 186 (Iowa 1972). · cites it 3× “Sections 204.2 and 204.20(5) define the criminal possession of marijuana in two ways — possession for personal use or possession for sale.”

McReynolds v. Mun. Court of the City of Ottumwa, 207 N.W.2d 792 (Iowa 1973). · cites it 4× “Plaintiff was arrested in Wapello County on September 17, 1970, and charged with unlawful possession of marijuana in violation of section 204.2, The Code, 1966. He was tried and convicted and appealed to this court, and the judgment of conviction was affirmed on February 25,…”

State v. McReynolds, 195 N.W.2d 102 (Iowa 1972). · cites it 4× “Statute Invalid? At the time of this occurrence Iowa had the Uniform Narcotic Drug Act, and defendant was charged with possession of a narcotic drug under the provisions constituting § 204.2, Code, 1971. "Narcotic drugs" are enumerated in § 204.”

Horn v. Haugh, 209 N.W.2d 119 (Iowa 1973). · cites it 2× “In a postconviction proceeding brought under chapter 663A, The Code, petitioner challenges his conviction of selling a narcotic drug in violation of section 204.2, The Code, 1966. His challenge attacks the constitutionality of section 204.”

State v. McGranahan, 206 N.W.2d 88 (Iowa 1973). · cites it 2× “Defendant appeals his conviction of selling marijuana in violation of section 204.2, The Code, 1971, prior to the amendment of that section by chapter 148 of the Acts of the Sixty-fourth G.”

State v. Boer, 224 N.W.2d 217 (Iowa 1974). · cites it 2× “Defendant appeals his conviction by jury and sentence for possession of a narcotic drug in violation of § 204.2, The Code, 1971. The State alleged he possessed about seven pounds of hashish, a derivative of marijuana, found in a suitcase received by him at the Cedar Rapids…”

State v. Grady, 201 N.W.2d 493 (Iowa 1972). · cites it 4× “Defendant was charged by county attorney’s information with the crime of illegal sale of narcotic drugs, to-wit: marijuana in violation of section 204.2, The Code, 1971. After defendant’s plea of not guilty he was tried to a jury, convicted and sentenced and now appeals.”

State v. Wiese, 182 N.W.2d 918 (Iowa 1971). · cites it 3× “Defendants Roger Wiese and Donald Hatch, were charged separately by county attorney’s true informations with illegal sales of a narcotic drug, in violation of section 204.2, Code, 1966. Both defendants entered pleas of not guilty and were separately tried and convicted.”

State v. Still, 208 N.W.2d 887 (Iowa 1973). · cites it 2× “Kenneth Still appeals from judgment following his conviction by a jury of the crime of selling a narcotic drug in violation of section 204.2, The Code, 1971. Defendant assigns five grounds as a basis for reversal: (1) the court abused its discretion in sentencing defendant; (2)…”

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