Public Comment – July 24, 2026

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July 24, 2026: MCB Meeting
March 27, 2026: MCB Minutes
Carl Olsen: Mr. Olsen expressed support for the Board’s previous recommendations regarding a federal exemption under 21 U.S.C. § 822(d) and encouraged continued consideration of those recommendations.  He also noted his efforts to share the Board’s recommendations with state and federal policymakers.

After the last board meeting, the federal government moved state “medical marijuana” to Schedule 3 consistent with international treaty provisions pursuant to 21 U.S.C. § 811(d).[1][2]  Non-medical marijuana remains in Schedule 1 while the federal government continues moving it to Schedule 3 pursuant to 21 U.S.C. § 811(a).

This decision to bypass formal rulemaking procedures is currently being challenged in the U.S. Court of Appeals.[3]  MedPharm Iowa, LLC, d/b/a Bud & Mary’s has moved to intervene.[4][5]

Not one state has authorized “medical marijuana” by rescheduling it.  In Iowa, for example, there is no mention of Chapter 124E in the schedules of Chapter 124.  There is a short exemption for “medical marijuana” in the enforcement section, Iowa Code § 124.401(5)(c).

Considering the new federal rules were adopted without formal rulemaking and haven’t been thoroughly vetted yet, I would ask the board to continue recommending a legal task force to explore federal exemption under 21 U.S.C. § 822(d), which is also consistent with international treaty provisions.[6][7]

Even if this new federal rule is invalid, all of marijuana could still end up in schedule 3 before the midterm elections.  The board can revisit this question again in November.  For now, please keep recommending a legal task force to work on federal exemption.

Thank you!

Carl Olsen
carl@carl-olsen.com
https://carl-olsen.com

[1]  New definition of “prescription”, 21 C.F.R. § 1301.13(k)(5), 91 FR 22721, Apr. 28, 2026.
[2]  New Schedule 3 for “state medical marijuana”, 21 C.F.R. § 1308.13(g), 91 FR 22722, Apr. 28, 2026.
[3]  United States Court of Appeals for the District of Columbia Circuit, SAM, Inc. v. Department of Justice, 26-1106, 26-1130, 26-1136
[4]  MedPharm Iowa, LLC, Motion to Intervene, June 29, 2026
[5]  MedPharm Iowa, LLC, Reply in Support of Motion to Intervene, July 17, 2026
[6]  Exception for “constitutional limitations … legal system and domestic law”, Article 36, Single Convention on Narcotic Drugs, 18 U.S.T. 1407, 520 U.N.T.S. 151
[7]  Exception for “constitutional limitations … legal system and domestic law”, Article 22, Convention on Psychotropic Substances, 32 U.S.T. 543, 1019 U.N.T.S. 175

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