Delta 9 THC (or simply THC) is the most prevalent psychoactive chemical substance called a cannabinoid that is found in the cannabis plant. In other words, it’s the part of weed that gets you stoned.
Delta 9 THC has had a long and troubled history in terms of legality in the United States. And now that more states in the country are beginning to legalize cannabis, along with the introduction of hemp-derived cannabinoids, more people are becoming confused as to where delta 9 is legal and where delta 9 is illegal.
Let’s take a look at whether delta 9 THC is legal in Iowa.
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- Marijuana-derived delta 9 products are illegal in Iowa as marijuana is considered a controlled substance in this state.
- Hemp-derived delta 9 products are legal in Iowa as long as they have less than 0.3% of delta 9 on a dry weight basis.
- The best way to get legal delta 9 products in Iowa is to buy them from reputable online shops like Delta Munchies.
Delta 9 THC and Federal Law
Weed was completely illegal in America for 75 years, from the early 1900s all the way up until 1996, when California legalized cannabis for medical use. President Richard Nixon’s “War on Drugs” campaign in the 1970s increased the negative stigma that was surrounding cannabis at the time and only emboldened its illegality for a while.
Thankfully, California was the catalyst for more states following with medicinal legalization. Then, in 2012, Colorado and Washington State became the first states in America to legalize marijuana for recreational use.
Unfortunately, marijuana is still considered federally legal. However, in 2018, the Farm Bill was passed, which made it legal for cannabis farmers to harvest THC from their hemp crops as long as the THC content was 0.3% or less. This makes hemp-derived delta 9 THC federally legal and marijuana-derived delta 9 THC illegal.
However, each state makes its own cannabis laws. These laws are subject to change at any time, which is why it’s so important to continually stay up-to-date on your state’s individual cannabis laws.
Iowa Delta 9 THC Laws
“Marijuana is a schedule I hallucinogenic substance under the Iowa Controlled Substances Act. The distribution of marijuana includes possessing marijuana with the intent to distribute it.
Delivery or possession with intent to deliver one-half ounce or less of plant-form marijuana without remuneration is equivalent to simple possession in Iowa, with penalties for a first offense being a misdemeanor with the incarceration of no more than 6 months, and a fine of no more than $1000 dollars. Subsequent convictions for delivery without remuneration will be punished more severely, just as subsequent simple possession convictions would be.
Distribution or cultivation of 50 kilograms of marijuana or less is a class D felony punishable by a fine of $750-$7,500 and up to 5 years of imprisonment. Distribution or cultivation of more than 50-100 kilograms of marijuana is a class C felony and is punishable by a fine of $1,000-$50,000 and up to 10 years of imprisonment. Distribution or cultivation of more than 100-1,000 kilograms of marijuana is a class B felony and is punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment. Distribution or cultivation of more than 1,000 kilograms of marijuana is a class B felony and is punishable by a fine of not more than $1,000,000 and up to 50 years of imprisonment.
If a person over the age of 18 solicits a person under the age of 18 to assist in the distribution or cultivation of marijuana this act is punishable as a class C felony by a fine of $1,000-$50,000 and up to 10 years of imprisonment.
If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a Class B felony punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of 5 years will apply. If the sale to a minor occurs within 1,000 feet of a park, elementary school, middle school, or marked school bus a mandatory minimum term of 10 years will apply.”
Is Delta 9 a Controlled Substance in Iowa?
Marijuana is illegal in Iowa, which means that delta 9 THC derived from marijuana is still considered a controlled substance. However, hemp-derived delta 9 THC is legal in the state, therefore, not considered a controlled substance.
Delta 9 THC Possession Limits in Iowa
“In Iowa, there is actual possession and constructive possession.
To be convicted of actual possession, the person must actually possess the marijuana. For example, if the marijuana is in a person’s shirt pocket or in their shoe, this is actual possession.
To be convicted under constructive possession, you must know what it is, know where it is, and exercise dominion and control over it. In other words, you must know what marijuana is, where it is located, and be able to access the marijuana. For example, if you and a friend are in a car together where there is marijuana in the center console, and you both know about it and can both exercise control over it, you are both guilty of possessing marijuana. It should be noted that when there are multiple people in a location, and there is marijuana in the vicinity of the people, it is much harder for the state to prove a certain person guilty of possession of marijuana.
If the state cannot prove any of the three elements beyond a reasonable doubt, you are not guilty of possession of a controlled substance.
On your first-offense possession charge, you could be imposed fines of up to $1,000 and/or up to six months in jail. There is a mandatory 48-hour period minimum in jail. There are ways around the 48-hour minimum jail time if this is your first offense, but it usually requires being placed on probation.
Additionally, if you are a student at a college or university, a conviction can disqualify or limit the student loans you can receive. A person will also be required to complete a substance abuse evaluation if charged with possession of marijuana first offense. In some Iowa counties, failure to comply with this condition before arraignment can result in going to jail to complete the substance abuse evaluation and all costs will be assessed to the defendant, including the day in jail. Simply put, make sure you complete a substance abuse evaluation before your arraignment date. In addition to the above penalties, there is a $125 Law Enforcement Initiative Fee and a $10 D.A.R.E. surcharge fee. It should be noted that prior to July 1, 2018, a person convicted of any drug offense was required to have their driver’s license suspended for 180 days. This is no longer the case for any drug offense unrelated to driving.
A second-offense possession of marijuana is a serious misdemeanor if the prior offense for possession was for marijuana. It has increased fines compared to first-offense possession. Additionally, a second offense can be used as an enhancement should a person ever be charged with another possession of marijuana or other controlled substance.
If convicted of second-offense possession of marijuana, one could be incarcerated for up to one year in prison and be fined up to $2,560. If the prior possession offense was for something other than marijuana, the second-offense possession charge increases to an aggravated misdemeanor.
A third-offense possession of marijuana is an aggravated misdemeanor if the prior two offenses were for possession of marijuana. If convicted, a person faces up to $8,540 plus a 15% surcharge and court costs. The court costs are $100.00 for aggravated misdemeanors. A person also faces up to two years in prison in addition to a license suspension. If either of the prior possessions were for anything other than marijuana, this third offense becomes a class D felony which is punishable by up to five years in prison and a $10,245 fine.”
Is Delta 9 THC Legal in Iowa?
While marijuana is still illegal in Iowa, there’s good news: Iowa is one of the many states that have mirrored federal law and allow hemp-derived delta 9 THC as per the 2018 Farm Bill.
Where to Buy Delta 9 in Iowa
It may be possible to find delta 9 THC in some smoke shops or specialty stores across the state since hemp-derived cannabinoids are legal, but since Iowa has relatively strict cannabis laws, the best place to buy delta 9 THC in Iowa is online.
At Delta Munchies, we have high-quality, lab-tested, and award-winning hemp-derived full spectrum delta 9 THC gummies that feature an unprecedented mix of 11 unique cannabinoids. These gummies create a delta 9 experience like no other. And the best part is we legally ship to all 50 states, meaning that no matter where you are, you can get top of the line delta 9 delivered straight to your door.
Disclaimer: Delta Munchies is NOT providing any medical or legal cannabis advice. If you have any questions or concerns regarding the legality of cannabis or its potential effects of cannabis or any of its components, please reach out to a trusted medical or legal professional.
All statements made by Delta Munchies regarding delta 8, delta 9 THC, delta 10, HHC, CBN, CBG, CBD, and any/all other cannabinoids mentioned in this article have not been evaluated by the FDA. No entity at Delta Munchies is a medical professional, nor is Delta Munchies giving any medical advice. If you have any questions or concerns regarding the potential effects of cannabis, please reach out to a trusted medical professional.
Delta Munchies fully adheres to the federal legal standards of hemp cultivation and distribution in the United States. For more information, visit our full disclaimer page.