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.
