Notwithstanding any provision of this chapter to the contrary, a person shall not be guilty of an offense under this chapter for producing or possessing the plant cannabis, if all of the following apply:
- 1. The person holds a valid hemp license issued by the department of agriculture and land stewardship as provided in chapter 204.
- 2. The plant is or was produced on the licensee’s crop site as provided in chapter 204.
- 3. The offense arises out of a test of a sample of plants that are part of a crop produced on the licensee’s crop site and the test indicates that the sample does not qualify as hemp under section 204.8 and it does not exceed a maximum concentration of two percent delta-9 tetrahydrocannabinol on a dry weight basis.
- 4. The licensee is participating in or has successfully completed the negligent violation program that applies to the licensee’s crop site described in subsection 3 if such program is established by the department of agriculture and land stewardship pursuant to section 204.15.
Section effective April 8, 2020; the secretary of agriculture published an advisory notice in IAB Vol. XLII, No. 21 (4/8/20), p. 2630, that the state plan for the production of hemp was certified by the United States department of agriculture and that Code chapter 204 was implemented on that date; see 2019 Acts, ch 130, §18, 33 NEW section
2019 Acts, ch 130, §32, 33