HCR 104 (LSB 5005YH (4) 87)

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 President of the United States to reclassify cannabis as a schedule II controlled substance under the United States Controlled Substances Act. 

   WHEREAS, while Iowa and 28 other states and the District of Columbia have enacted laws allowing the regulated use of medical cannabis for numerous debilitating medical conditions, including but not limited to cancer; multiple sclerosis; seizures, including those characteristic of epilepsy; AIDS or HIV; Crohn’s Disease; amyotrophic lateral sclerosis; and Parkinson’s Disease, cannabis use remains illegal under the United States Controlled Substances Act; and
   WHEREAS, cannabis is currently classified by the federal Drug Enforcement Agency as a schedule I controlled substance under the United States Controlled Substances Act, a classification that impedes large-scale medical and scientific research on the effects of cannabis; and
   WHEREAS, a schedule I controlled substance is a highly addictive substance that has no accepted medical use in the United States, such as heroin, and a schedule II controlled substance is a highly addictive substance that has an accepted medical use in the United States, such as fentanyl; and
   WHEREAS, substances classified as a schedule II controlled substance may be dispensed with a prescription under certain circumstances and are subject to large-scale research, testing, and manufacturing; and
   WHEREAS, there is a significant lack of medical and scientific research on medical cannabis by industries, universities, research institutions, and federal agencies, including but not limited to the Food and Drug Administration in the United States due in part to the fact that cannabis is classified as a schedule I controlled substance; and
   WHEREAS, the United States Surgeon General’s reports on the health consequences of tobacco use in the United States over a 50-year period are based on scientifically rigorous reviews and analyses of data on the prevalence, causes, effects, and implications of tobacco use in the United States and reclassifying cannabis as a schedule II controlled substance would allow for a similar rigorous scientific review of clinical research and testing by industries, universities, research institutions, and federal agencies on the potential benefits of medical cannabis; and
   WHEREAS, the classification of cannabis by the federal Drug Enforcement Agency as a schedule I controlled substance causes the possession, sale, or use of cannabis to trigger federal statutes, including federal forfeiture provisions; and
   WHEREAS, concerns about the criminality and forfeiture provisions in federal law impede traditional banking institutions from doing business with potential clients who cultivate, research, sell, or use cannabis and its derivatives, therefore making cannabis commerce very difficult; and
   WHEREAS, the inability to utilize traditional banking institutions impedes state and local governments from adequately monitoring cannabis use, and shortchanges the respective taxes owed to state and local governments, potentially costing hundreds of millions of dollars in lost tax revenue; and
   WHEREAS, because cannabis businesses are unable to legally utilize traditional banking institutions, many cannabis businesses resort to the black market and organized crime, making communities less safe; NOW THEREFORE,

   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, That the Iowa General Assembly respectfully urges the Congress of the United States to enact legislation to reclassify cannabis as a schedule II controlled substance under the United States Controlled Substances Act; and

   BE IT FURTHER RESOLVED, That an official copy of this resolution be transmitted to the President of the United States, the Surgeon General of the United States, the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, and to members of the Iowa congressional delegation.