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At the conclusion of the 2019 legislative session, the Iowa Attorney General’s office issued a guidance document explaining the current state of the law regarding cannabidiol (CBD) products. If, during the 2020 legislative session, there are any changes regarding the legality of CBD products, we will send an updated announcement.
Below are excerpts from the Iowa Attorney General’s statement on hemp and CBD products.
The entire statement can be found at this LINK
“CBD is a specific type of cannabinoid that occurs naturally in cannabis plants, predominately in its flowering tops and to a lesser extent in its resin and leaves.”
“Currently, Iowa law defines marijuana as “all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinols.” Iowa Code § 124.101(20).
“Because CBD is derived from parts of the cannabis plant that are included in definition of marijuana, CBD is considered marijuana under Iowa law. . . . The only exception in state law is described in Iowa Code Chapter 124E.”
“Consumers should be aware that CBD products are not regulated for quality by the FDA or the state. CBD products potentially could contain contaminants, such as heavy metals or pesticides. The quantity of CBD or THC advertised on a product’s label may not accurately reflect the true composition of the product. . . . The FDA has, and intends to continue, using its authority to take action against companies who sell CBD products that put consumers at risk.”
“Consumers and sellers of CBD products should understand that, because the products are illegal under Iowa law, local law enforcement agencies retain the authority and discretion to take criminal enforcement action against people who sell or possess over-the-counter CBD products. In addition, the Office of the Attorney General has the authority to take enforcement action against any person for false or misleading advertisements or deceptive sales practices related to CBD products.”
Given the changing landscape of marijuana, including the legalization of recreational marijuana in some states, we want to ensure licensees understand how the use of recreational marijuana may impact their Iowa nursing license. Recreational marijuana remains illegal under federal law and under Iowa law. Use of recreational marijuana, regardless of the location of use, may result in disciplinary action against your Iowa nursing license or privilege to practice. Note that employers and potential employers frequently forward the results of positive drug screens to state licensing boards in states where you have a nursing license. When we receive such a report, a complaint may be opened, even if a positive drug screen was the result of your use of recreational marijuana in a state where recreational marijuana is legal. We encourage all nurses to think about the potential consequences of using recreational marijuana prior to engaging in such conduct.
The Department of Human Services is the state agency responsible for providing the education to all mandatory reporters of abuse in the State of Iowa. All Iowa nurses are required to take the education course if they examine, attend, counsel, or treat children or dependent adults in the course of their work. See this link to set up your account and begin the training: MANDATORY
The certificates of completion for the course do not show nursing continuing education (CE) credit. However, with proof of a certificate of completion for the course, you may count 2.0 contact hours of nursing CE towards your license renewal requirements.
If a nurse has a certificate of completion from the IDPH mandatory abuse reporter training dated prior to 1/1/2019, that certificate is good through the expiration date on their document.
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