House Concurrent Resolution 104 - Introduced HOUSE CONCURRENT RESOLUTION NO. 104 BY WESSEL-KROESCHELL , LENSING , STAED , OLSON , STECKMAN , KRESSIG , MEYER , JACOBY , McCONKEY , WINCKLER , HUNTER , ANDERSON , RUNNING-MARQUARDT , R. SMITH , ABDUL-SAMAD , FORBES , BENNETT , BROWN-POWERS , ISENHART , H. MILLER , and KURTH A Concurrent Resolution urging Congress and the 1 President of the United States to reclassify 2 cannabis as a schedule II controlled substance under 3 the United States Controlled Substances Act. 4 WHEREAS, while Iowa and 28 other states and the 5 District of Columbia have enacted laws allowing 6 the regulated use of medical cannabis for numerous 7 debilitating medical conditions, including but not 8 limited to cancer; multiple sclerosis; seizures, 9 including those characteristic of epilepsy; AIDS or 10 HIV; Crohn’s Disease; amyotrophic lateral sclerosis; 11 and Parkinson’s Disease, cannabis use remains illegal 12 under the United States Controlled Substances Act; and 13 WHEREAS, cannabis is currently classified by 14 the federal Drug Enforcement Agency as a schedule I 15 controlled substance under the United States Controlled 16 Substances Act, a classification that impedes 17 large-scale medical and scientific research on the 18 effects of cannabis; and 19 WHEREAS, a schedule I controlled substance is 20 a highly addictive substance that has no accepted 21 medical use in the United States, such as heroin, and a 22 schedule II controlled substance is a highly addictive 23 substance that has an accepted medical use in the 24 -1- LSB 5005YH (4) 87 asf/rh 1/ 3
H.C.R. 104 United States, such as fentanyl; and 1 WHEREAS, substances classified as a schedule 2 II controlled substance may be dispensed with a 3 prescription under certain circumstances and are 4 subject to large-scale research, testing, and 5 manufacturing; and 6 WHEREAS, there is a significant lack of medical and 7 scientific research on medical cannabis by industries, 8 universities, research institutions, and federal 9 agencies, including but not limited to the Food and 10 Drug Administration in the United States due in part to 11 the fact that cannabis is classified as a schedule I 12 controlled substance; and 13 WHEREAS, the United States Surgeon General’s 14 reports on the health consequences of tobacco use in 15 the United States over a 50-year period are based on 16 scientifically rigorous reviews and analyses of data 17 on the prevalence, causes, effects, and implications 18 of tobacco use in the United States and reclassifying 19 cannabis as a schedule II controlled substance 20 would allow for a similar rigorous scientific review 21 of clinical research and testing by industries, 22 universities, research institutions, and federal 23 agencies on the potential benefits of medical 24 cannabis; and 25 WHEREAS, the classification of cannabis by the 26 federal Drug Enforcement Agency as a schedule I 27 controlled substance causes the possession, sale, or 28 use of cannabis to trigger federal statutes, including 29 federal forfeiture provisions; and 30 -2- LSB 5005YH (4) 87 asf/rh 2/ 3
H.C.R. 104 WHEREAS, concerns about the criminality and 1 forfeiture provisions in federal law impede traditional 2 banking institutions from doing business with potential 3 clients who cultivate, research, sell, or use cannabis 4 and its derivatives, therefore making cannabis commerce 5 very difficult; and 6 WHEREAS, the inability to utilize traditional 7 banking institutions impedes state and local 8 governments from adequately monitoring cannabis use, 9 and shortchanges the respective taxes owed to state 10 and local governments, potentially costing hundreds of 11 millions of dollars in lost tax revenue; and 12 WHEREAS, because cannabis businesses are unable 13 to legally utilize traditional banking institutions, 14 many cannabis businesses resort to the black market 15 and organized crime, making communities less safe; NOW 16 THEREFORE, 17 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 18 THE SENATE CONCURRING, That the Iowa General Assembly 19 respectfully urges the Congress of the United States to 20 enact legislation to reclassify cannabis as a schedule 21 II controlled substance under the United States 22 Controlled Substances Act; and 23 BE IT FURTHER RESOLVED, That an official copy of 24 this resolution be transmitted to the President of 25 the United States, the Surgeon General of the United 26 States, the President and Secretary of the United 27 States Senate, the Speaker and Clerk of the United 28 States House of Representatives, and to members of the 29 Iowa congressional delegation. 30 -3- LSB 5005YH (4) 87 asf/rh 3/ 3