Des Moines Register: “House Speaker Linda Upmeyer, R-Clear Lake, noted in a statement that no matter what the Legislature had decided, the state still would have been in violation of federal law.”
September 4, 2020:
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.
August 12, 2022:
Owen Parker, Bureau Chief: There’s a lot of people that need to be involved in making sure that’s handled in a way that’s fine with everybody. I can tell you we are in discussions with the governor’s office on the best way to handle the scenario overall. We certainly haven’t forgotten about it, by any means. I will, as those conversations evolve, I will update the board. But it is, again, it’s something that we talk about and there will be a more formal update on that, if that’s okay.
January 1, 2023:
Annual Report: The Board recommends that a task force of legal experts be authorized, similar to the current board of medical experts, to assist the department in navigating the legal issues involved with requesting an exemption for Iowa’s program from necessary Federal agencies. This is related to a recommendation in the Board’s 2019 Annual Report and the passage of HF2589 in June, 2020.
January 12, 2023:
Senate File 69: Section 1. MEDICAL CANNABIDIOL – FEDERAL EXEMPTION TASK FORCE. The department of health and human services shall convene a task force of legal experts to assist the department in executing the department’s responsibilities under 2020 Iowa Acts, chapter 1116, section 31.
SSB 1113 and SF 69 are withdrawn by the Senate Judiciary Committee chair on the day of the committee meeting because committee members were uncomfortable with the media coverage the day before.
It seems like overly aggressive marketing by a federal criminal organization, 21 U.S.C. § 848, is predictable when the state is promoting criminal behavior. Over two years ago, the department agreed a federal exemption, 21 U.S.C. § 822(d), would bring Iowa into compliance with federal drug law. But, the department hasn’t moved forward with the application. The bill to create a legal task force to assist the department, SF 69, got lost in the hubris surrounding the aggressive marketing scandal. And now another vaporizable flower bill has been introduced.
Questioning the integrity of a criminal organization is missing the point. The department is sitting on the solution and letting this corruption fester. Government cannot function effectively without proper checks and balances. Agencies are expected to implement legislation by applying their expertise. The more the department embraces organized crime as the only path forward, the worse this will get.
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