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SCR 101

A concurrent resolution urging the United States Drug Enforcement Administration to grant an exception to the classification of cannabis under schedule I of the federal Controlled Substances Act in Iowa.(See SCR 102.)

Agenda

Subcommittee members: Zaun-CH, Bolkcom, Sinclair

Date: Wednesday, February 2, 2022

Time: 10:30 AM - 11:00 AM

Location: Room G17

Comments Submitted:

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02-02-2022

Carl Olsen []

Medical Cannabidiol is not legal under federal law. 21 U.S.C. 812 (2020). Congress did not intend to occupy the field, including criminal penalties, to the exclusion of any State law unless there is a positive conflict so that the two cannot consistently stand together. 21 U.S.C. 903 (2020). Congress gave the federal administration authority to grant exceptions consistent with public health and safety. 21 U.S.C. 822(d) (2020). An application for exemption can be found at 21 C.F.R. 1307.03 (2021). An exemption exists for a church at 21 C.F.R. 1307.31 (2021). Federal Guidelines for religious exemptions exist: Guidance Regarding Petitions for Religious Exemption February 26, 2018. Formal rules for use of controlled substances by Religious Organizations are being crafted now. The Obama Administration incorrectly encouraged states to authorize violation of federal drug law rather than apply for exemption Cole Memorandum of August 29, 2013. Cole Memo author joins National Cannabis Roundtable as adviser December 17, 2021. We've been led down the wrong path. We need to set the ship straight and get back on course.

Attachment

02-02-2022

Carl Olsen []

The DEA is notorious for being unresponsive and delay. I'm attaching the letter I wrote to United State Senator Grassley on December 27, 2021, along with the declaration from the Iowa Department of Public Health on September 4, 2020: In their 2019 Annual Report, the Board recommended that IDPH seek protections for schools and facilities participating in our program and acting in compliance with Chapter 124E. The General Assembly prescribed in HF2589 that IDPH seek guarantees that Federal funding to institutions and facilities acting in compliance with Chapter 124E not have their funding withheld due to participation in Iowas program. The Department has determined that it will move forward with seeking an exception for cannabis as a schedule I substance in Iowa from the DEA, in attempt to minimize conflict between State and Federal Law. The Department will seek this exception using Title 21 Code of Federal Regulations 1307.03.

Attachment