The Muscatine Police Department has received complaints regarding businesses selling products containing cannabinoid oil (also known as CBD). The police department conducted an investigation into these complaints and determined that there were several Muscatine businesses which had been selling CBD products.
The police submitted samples of CBD products seized during their investigation to the Iowa Division of Criminal Investigation for laboratory analysis. This analysis confirms that the CBD products seized in the investigation are marijuana under Iowa law. It is illegal to possess or distribute them.
The Iowa Legislature has passed a law which allows for certain CBD products for medical purposes. The law instructed the Iowa Department of Public Health (DPH) to develop a regulatory program for CBD products. The DPH has not yet finalized these rules. As a result there are no CBD products currently legally being sold in the State of Iowa. Once the DPH regulations have been promulgated they will only allow CBD products to be sold by licensed dispensaries to patients who have been prescribed CBD by a medical professional for certain identified illnesses or conditions.
The Muscatine County Attorney is aware of an assertion that provisions in the 2014 farm bill passed by Congress legalized CBD products. This is incorrect. The farm bill authorized certain experimental programs involving industrial hemp. The farm bill did not change Iowa law as it pertains to CBD products.
In consultation with the Muscatine Police Department, the Muscatine County Attorney has decided to not file criminal charges against any individuals who were found in possession of CBD products during this investigation. Although the possession was illegal, the County Attorney has decided to use his discretion to not file charges under these circumstances. CBD products seized during the investigation will not be returned.
Persons who are currently in possession of CBD products should promptly and securely destroy them. Persons may also turn them over to the Muscatine Police Department for destruction. Persons wishing to turn CBD products over to the Muscatine Police Department should contact the department at (563) 263-9922 and ask to speak to either Lt. Tony Kies, Capt. Steve Snider, or Off. Whitni Pena.
The Muscatine County Attorney’s decision to not prosecute CBD violations applies only to those currently known to law enforcement. Any potential future violation will be investigated by the appropriate law enforcement agency and evaluated by the Muscatine County Attorney for potential prosecution.