Proposed Amendment to HSB 244

The following amendment became part of SF 501 on Tuesday, March 5, 2019, by a vote of 14 – 1 in the Iowa Senate Judiciary Committee. Please add the same language to HSB 244.

House Study Bill 244
1Amend House Study Bill 244 as follows:
21.  Page 2, after line 18 by inserting:
3<Sec. ___.  NEW SECTION124E.20  Federal regulations not
5Notwithstanding any federal regulation to the contrary, the
6use of medical cannabidiol pursuant to this chapter is not
7subject to federal regulation.>
82.  By renumbering as necessary.

It is critically important that this statement of legislative intent be included in our state law. State legislators frequently say that the Iowa Medical Cannabidiol Act authorizes violation of federal law, including legislators who voted for it (Rep. Linda Upmeyer and Rep. John Forbes). Stigmatizing patients as criminals should not be something suffering Iowans are burdened with. The federal Drug Enforcement Administration (DEA) regulations exempt the religious use of a federal schedule 1 controlled substance, peyote. See, 21 C.F.R. § 1307.31 (2019). For the same reason, DEA must exempt a state medical cannabis program. We need to declare we have the right to do this and that DEA must include an exemption in Title 21 Section 1307 of the Code of Federal Regulations.