House File 978

House File 978 is on the House Ways and Means Calendar, eligible on 4/2/2025.

This bill should be amended to include our state’s federal right to enact it.  State laws authorizing the use of psychoactive plants and fungi in schedule I of the controlled substances acts are authorized in the federal act.  But, we must notify the U.S. Department of Justice that medical use of psilocybin is an exception under 21 U.S.C. § 822(d) (consistent with “public health and safety”).

Please do not require Iowans to violate federal drug law as a condition of medical treatment.  House File 978, §§ 4, 11, 17, 26, and 27, requires violation of federal drug law as a condition of participation.

State programs authorizing use of plants or fungi listed in schedule I of state and federal controlled substances acts require better planning and execution.  HF 978 authorizes use of psilocybin to treat PTSD.  Iowans with PTSD do not need additional trauma from signing an agreement to violate federal drug law as a condition of treatment.

Legislators have sworn oaths to defend the laws and Constitution of the United States.  Iowa Constitution, Article III, Section 32.  Members of the military swear an oath to defend the laws and Constitution of the United States.

Use of schedule I controlled substances is not just a medical issue, it is a legal one.  The medical cannabis board has requested expert legal advice, just as the medical side of the issue requires their expert medical advice.  Federal drug law provides a solution.  21 U.S.C. § 822(d).  We need legal experts to prepare the application.

The state must tell the U.S. Department of Justice that 21 U.S.C. § 822(d) is the solution and explain why.  It was the state’s idea to create these programs and the state expects federal cooperation.  Get an acknowledgement from the U.S. Department of Justice affirming the state correctly interprets 21 U.S.C. § 822(d) (“consistent with public health and safety”).  Why would we take the position taken in HF 978: that we have no federal right to enact a medical psilocybin program and we don’t think it is in the interest of public health and safety?

HF 978 refers to Chapter 124E, the medical cannabis program.  An amendment to the medical cannabis program in 2020, HF 2589 § 31, directs the department of health to request a federal waiver for the state medical cannabis program, Chapter 124E.  2020 Acts ch. 1116, § 31.  The department filed the request with the U.S. Department of Justice in April 2021 and has not received a response.

• In December 2022, the medical cannabis board requested legislation establishing a legal task force in its Annual Report to the legislature for the 2023 session.
• In December 2023, the medical cannabis board requested legislation establishing a legal task force in its Annual Report to the legislature for the 2024 session.
• In December 2024, the medical cannabis board requested legislation establishing a legal task force in its Annual Report to the legislature for the 2025 session.

HF 978 § 6(6) refers to the Medical Cannabis Act, Chapter 124E:

HF 978 § 6(10) refers to the Medical Cannabis Act, Chapter 124E:

21 U.S.C. § 822(d) provides federal registration which would not require Iowans to swear an oath to violate federal drug law to receive their medical treatment.  Please amend HF 978 to include a legal task force to evaluate and prepare an application for registration under 21 U.S.C. § 822(d).

States can enact these types of law even if it is illegal to participate in them.  Simply make the application retroactive back to the beginning of the program so patients forced to sign these invalid agreements are forgiven.