April 28, 2018
Dear Candidates for Governor of Iowa,
In 2017, the Iowa legislature authorized large-scale marijuana cultivation in our state for the purpose of making cannabidiol products, the Medical Cannabidiol Act of 2017, H.F. 524 (Acts Chapter 162, 87th General Assembly, 1st Session).
Cultivation of marijuana is a federal crime. The federal penalty for cultivation of 1,000 or more marijuana plants is 10 years to life in federal prison and fines of up to $50 million. 21 U.S.C. § 841 (2018). Federal law also authorizes the death penalty based solely on the quantity of marijuana even in the absence of any accompanying violent crime. 18 U.S.C. § 3591(b)(1) (2018).
If our state has no constitutional right to authorize cultivation of marijuana in Iowa, we are authorizing a federal continuing criminal enterprise here in our state. 21 U.S.C. § 848 (2018).
Prominent state legislators, both Democrat and Republican, have made public statements declaring that Iowa is openly violating federal law by enacting legislation they voted for. Forty-six (46) states have enacted medical marijuana laws since 1996. This has taken on the magnitude of a constitutional crisis.
Where do you stand on this issue?