is cbd oil legal in iowa for health


Despite popular belief, CBD Oil is still legally considered a Marijuana extract product. Iowa Code § 124.204(4). For a claimant to even be able to buy CBD Oil legally in Iowa, they would have to have a Medical Marijuana Card that requires a physician to diagnose them with one of the listed qualifying conditions. Iowa Code § 124E.3. Then, one can only use the Medical Marijuana Card to obtain CBD Oil from licensed dispensaries, of which there can only be five in the entire state of Iowa. Iowa Code § 124E.8.

Even if a claimant follows all of these steps to legally purchase and use CBD Oil in Iowa, the Medical Cannabidiol Act, specifically says that Workers’ Compensation Carriers and Self-Insured Employers are not required to reimburse claimants for the cost of CBD Oil or any other Medical Marijuana product legalized under the act.

If you are dealing with a claimant that moves to another state where CBD Oil is legal, the Iowa Workers Compensation Act would still not require you to pay for it. CBD Oil and Medical Marijuana more generally are still illegal under federal law with very limited exceptions. 21 USCA § 812. In Presson v. Freiburger Concrete & Topsoil, Inc., a Deputy Commissioner found that even if the state legalized Medical Marijuana, the Iowa Workers’ Compensation Act could not be used to force a carrier or an employer to pay for the substance when doing so would make them an accomplice to a federal crime.

The Iowa Attorney General’s office has repeatedly tried to warn Iowa consumers about the dangers of CBD Oil and educate them regarding the current legal status of the substance since the Medical Cannabidiol Act went into effect. If you have specific questions about Medical Marijuana or CBD Oil more generally, please call Paul Barta or Micah Hawker-Boehnke at 402-475-1075.

Is cbd oil legal in iowa for health

Iowa is one of the few states in America that has banned delta 8 THC. Although the Farm Bill lets the substance exist within a legal loophole, Iowa regulators have acted against the substance. Law enforcement is highly likely to consider delta 8 THC an illegal substance until further notice.

The Iowa State Attorney General has decided to interpret existing law to make delta 8 THC illegal. Specific legislation with delta 8 THC mentioned by name has not passed, but that doesn’t matter. Overall, laws in Iowa make delta 8 THC illegal.

Existing law states that nearly every part of the marijuana plant is illegal. CBD is legal but heavily regulated in the state.

Is Delta 8 THC Legal in Iowa?

No, delta 8 THC is illegal in Iowa. While no specific laws mention delta 8 THC by exact name or molecular structure, regulators have interpreted delta 8 THC as unlawful. This decision contrasts against the federal government, which has not taken explicit action against the hemp derivative.

Nearly every part and derivative of the marijuana plant is considered illegal in Iowa. This includes CBD and delta 8 THC products, according to Iowa state code §124.101 subsections 20.

Another law clarifies that certain marijuana-derived products could be legal, but only if they have express state approval. Typically, this is only for medical reasons.

However, the Iowa Attorney General has clarified that CBD is legal in the state under the 2018 Farm Bill. Iowa has one of the strictest CBD laws. They require that consumers register for an mCBD card and purchase CBD at registered dispensaries.

It may have seemed that CBD products were wholly unregulated in Iowa, but enforcement action has clearly been against it. Law enforcement has conducted raids against stores selling CBD. Its likely police would act similarly against delta 8 THC, especially considering the substance is clearly defined as a marijuana-derived product by the state.

Where to Buy Delta 8 THC in Iowa

While you can’t (and shouldn’t) buy delta 8 THC in Iowa — here’s how it’s done in other states for the sake of being thorough.

When buying in states that allow delta 8 THC, the best source is straight from a manufacturer.

In unregulated states, retailers such as smoke shops and convenience stores do not need any licensing to sell delta 8 THC. manufacturers, however, do need to adhere to strict local and federal standards for harvesting hemp products. Hemp producers must submit third-party lab tests on all crops to verify it does not contain too much delta 9 THC.

Further, manufacturers’ livelihoods and reputations are on the line. Instead of purchasing from stores without any quality control, it’s best to buy directly from the farm online. Verified lab tests will ensure the contents of a product are safe and legal. This also cuts out the risk of adulteration in the name of profits that smoke shops and gas stations can easily do.

The benefits of ordering delta 8 THC online:

  • Online shops have better pricing and seasonal discounts
  • When you buy online you can read customer reviews & third-party tests before you buy
  • Ordering online is easier and more convenient
  • Online shops have a greater selection of products
  • Products left on store shelves degrade more quickly

Do I Need A Medical Card in Iowa To Order Delta 8 THC?

Delta 8 THC cannot be obtained with or without a medical card in Iowa. Retailers selling the substance are subject to police enforcement. In the past, police have raided shops just for selling CBD.

There are, however, laws that have enacted some forms of medical marijuana. To obtain CBD products and certain THC products in Iowa, one must first be diagnosed with a qualifying condition. Their doctor can then write prescriptions for dosages of state-approved marijuana products.

Overall, those seeking medical benefits from cannabis can do so through a process outlined by the Iowa Department of Public Health. They will need to fill out some paperwork and gain approval from a healthcare practitioner.

Patients must be over 18 and qualify. Typically, doctors will dispense only small amounts of THC to patients. Only non-smokable forms of THC are allowed.

Delta 8 Vapes & The PACT Act

In the United States, vape product vendors must register with authorities and verify the age of buyers. This is closely regulated and enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Those who do not verify age violate federal law in numerous ways.

Mainly, they are violating the PACT Act. Congress passed this law initially to cut down on tobacco trafficking. The law has since been revised to include vape products. The addition of vape products was meant to address the vaping epidemic in America. Part of this was mandating the tracking and age verification of all online vape sales.

A law passed in 2019 further adjusted regulations by mandating stores cannot sell vape products, nicotine, and other tobacco products to anyone under 21 years old.

A reputable online vendor of hemp, vape, CBD, or alternative THC products will closely adhere to these laws. Their reputation is at stake, and not adhering is a clear red flag of possibly fishy operations or dangerous manufacturing processes. Consumers should altogether avoid vendors not willing to follow these laws.

While online may seem like the best way to purchase CBD and alternative THC products, those in Iowa should not do it. Possession of these products is illegal.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

Delta 8 THC and delta 9 THC are closely related yet different in one critical way. Their molecular structures are different by one bond. This molecular bond is different enough for federal law not to consider delta 8 THC illegal. Iowa maintains for other reasons that delta 8 THC is unlawful.

Delta 8 THC is a much weaker form of its counterpart. Its effects are much less psychoactive and overall diminished compared to delta 9 THC. Both molecules bind to the same receptors in the brain, but delta 9 THC does so at a higher efficiency.

Although they affect the brain in the same method, neither do so at the same level. Delta 8 THC will more quickly stop interacting with the brain’s neuroreceptors, and the messages they send will be weaker.

Is Delta 8 THC Natural?

For many, the word natural will spark images of prairies, farmland, and minimal human intervention. In the United States, though, the expression is hardly regulated. Nearly anyone can slap a natural label on a product and ship it without proving a thing.

This is because the FDA has yet to regulate the word. Although terms such as organic are heavily vetted and regulated by the FDA, natural remains on the sidelines.

Consumers should give no weight to the word natural on products. Even a product made wholly in a laboratory without plant products can be called “natural.”

This is possibly why the DEA has not cracked down on delta 8 THC. Since there are federal regulatory gaps on the term natural, delta 8 THC can easily be considered a natural product. Although some lab work is necessary, the product is still derived from plants. This could be a part of any enforcement delays.

How to Use Delta 8 THC?

Delta 8 THC can be used in a variety of forms. CBD and THC products sold for medical reasons in Iowa cannot, however, be smokable forms of cannabis. Those who have a medical card in Iowa can purchase various products with different THC to CBD ratios. For more extreme cases, THC content is higher. A patient’s doctor will decide the best dosage and consumption practices case by case.

Edibles and tinctures are commonly how medical marijuana and CBD are dispensed in the state. Products include those for skin application, nebulization/vaping, and even suppositories .

In states where delta 8 THC is available, there are more methods to consume. Cartridges containing concentrated delta 8 THC oils are popular, but gummy candies and even marijuana flower is available. Frequently, these products are created by mixing in activated delta 8 THC oil.

Is Marijuana (Delta 9 THC) Legal In Iowa?

Iowa has resisted changing its cannabis laws dozens of times in the past several years. As more states around it move to legalize, Iowa holds firm. Marijuana is not legal in Iowa. Even CBD was banned until very recently when the state officially recognized hemp-derived products as separate from marijuana.

Is Delta 10 THC Legal in Iowa?

Delta 10 THC is also illegal in Iowa. The substance is subject to the same laws as delta 8 THC. Because the substance is directly derived from the hemp plant in some way, Iowa would be quick to consider it an illegal marijuana derivative.

Federal law may neglect to clarify rules around these new THC forms fully, but Iowa’s laws are apparent. Both are illegal and will be enforced as contraband. Iowa considers almost all hemp derivatives unless expressly allowed illegal.

Iowa law is very particular in how it regulates all parts of the cannabis plant. Both delta 8 and delta 10 THC are no doubt considered illegal under these laws.

What’s The Future of Delta 8 THC in Iowa?

Delta 8 THC will likely remain illegal in Iowa for a while. The state has some of the most sweeping cannabis laws, and regulators are very clear on what can and cannot exist in the state. Although medical marijuana is being adopted to some extent, further legalization may simply not occur anytime soon.

Iowa tends to take FDA and medical approval very seriously. Laws dictate this is necessary for any marijuana derivative to be legal in the state. Until the FDA approves more products or the state’s medical boards determine new products to be beneficial, most cannabis will remain illegal.