Dear Legislators,
I am writing regarding pending legislation requiring the Iowa Department of Public Health (IDPH) to request guarantees that federal funding will not be withheld from state educational and long-term care facilities that allow the use of medical cannabidiol consistent with chapter 124E, see House File 2589 at page 5 (Section 23 at lines 19-27) and Senate File 2363 at page 9 (Section 28 at lines 25-33):
The department of public health shall request guarantees from the agencies of the federal government providing funding to educational and long-term care facilities that facilities with policies allowing patients to possess medical cannabidiol on the grounds of the facilities consistent with chapter 124E or allowing facility staff to administer medical cannabidiol to a patient shall not lose eligibility for any federal funding due to such policies.
This is a bad idea because federal funding is not currently being withheld from state educational and long-term care facilities and this would be an open invitation for increased federal scrutiny of these facilities.
While these bills were being introduced (SF2363 on February 20,2020, and HF2589 on February 27, 2020), the United States Court of Appeals for the Second Circuit upheld withholding of federal grants because of inconsistency with federal law in New York v. United States, 951 F.3d 84 (2nd Cir. 2020).
Federal funding has actually been withheld just recently because the state of Maine allows the medical use of marijuana. Federal mental health grants canceled because Maine has legal marijuana, Steve Collins, Sun Journal, May 15, 2020.
HF2589 Section 23 and SF2363 Section 28 are inconsistent with Recommendation 6 of the 2019 Annual Report of the Iowa Medical Cannabidiol Board, December 31, 2019, at page 7:
seeking exemption for Iowa’s program from federal drug laws
Unlike the process for obtaining an exemption from federal drug laws, 21 C.F.R. § 1307.03, there is no federal process for obtaining guarantees that federal funding will not be withheld for violation of federal drug laws.
Please amend HF2589 Section 23 and SF2363 Section 28 by replacing the sections with the following:
The department shall submit a written request, in accordance with title 21 C.F.R. section 1307.03, to the Office of Diversion Control, Drug Enforcement Administration by July l, 2020, stating that chapter 124E does not create any positive conflict with state or federal drug laws and regulations and is consistent with title 21 U.S.C. section 903, and requesting formal written acknowledgement that the listing of marijuana as a controlled substance in federal schedule I does not apply to the nonprescription use of cannabis under the medical cannabidiol program established pursuant to chapter 124E.
I have requested that the Iowa Medical Cannabidiol Board review these two bills (HF2589 and SF2363) at their next meeting on Friday, June 19, 2020, and I would ask that you defer to their expertise on this matter and put these two bills on hold until the board has the opportunity to review them and provide further input.
Thank you very much for your time and attention to this matter.
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