Federal

On Novem­ber 10, 2020, just a week after the elec­tions, the Drug Enforce­ment Admin­is­tra­tion (DEA) denied our peti­tion for a new fed­er­al reg­u­la­tion exempt­ing state med­ical cannabis pro­grams to be added as 21 C.F.R. §1307.32.  DEA explained that deny­ing the exemp­tion was nec­es­sary because it would cre­ate an exemp­tion: Your peti­tion is denied because the … DEA Denies State Exemp­tion

An old fed­er­al five-fac­­tor test vio­lates state sov­er­eign­ty The thing that hath been, it is that which shall be; and that which is done is that which shall be done: and there is no new thing under the sun. Is there any thing where­of it may be said, See, this is new? it hath been … DEA’s 5‑Factor Test Pre­dates State Law

BEFORE THE IOWA DEPARTMENT OF PUBLIC HEALTH Peti­tion by Carl Olsen for agency action relat­ed to House File 2589 and Iowa Code Chap­ter 124E PETITION FOR AGENCY ACTION Peti­tion­er, Carl Olsen, objects to House File 2589 at page 8, §31 at lines 19–27 (passed by the Iowa House of Rep­re­sen­ta­tives on March 10, 2020, by … HF2589 Vio­lates State Sov­er­eign­ty

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 … Updates to Med­ical Cannabid­i­ol Act 2020

Bills pend­ing in both cham­bers of the Iowa Gen­er­al Assem­bly, House File 2589 and Sen­ate File 2363, are fatal­ly flawed for fail­ure to cite fed­er­al legal author­i­ty.  The fed­er­al author­i­ty to cre­ate an exemp­tion from fed­er­al drug law is found in 21 C.F.R. §1307.03 (“excep­tions to reg­u­la­tions”) and is con­sis­tent with 21 U.S.C. §903 (“appli­ca­tion … HF 2589 / SF 2363

The pro­posed new sec­tion 20 to Iowa Code Chap­ter 124E say­ing that med­ical cannabid­i­ol is not fed­er­al­ly reg­u­lat­ed is incred­i­bly vague and uncer­tain.  It is kind of like say­ing the sky is blue.  No one has ever sug­gest­ed that state reg­u­lat­ed cannabis pro­grams are fed­er­al­ly reg­u­lat­ed.  Explain­ing the rela­tion­ship between state and fed­er­al drug law … Sen­ate File 501 — Fed­er­al­ly Exempt

Does the Iowa Med­ical Cannabid­i­ol Act, Iowa Code Chap­ter 124E, autho­rize vio­la­tion of fed­er­al law?  Does any­one know?  Iowa cit­i­zens have a right to know and should not be left guess­ing. One way of know­ing for cer­tain that our law is con­sis­tent with fed­er­al law would be to obtain a fed­er­al exemp­tion like the one … Fed­er­al Exemp­tion — Jan­u­ary 2020

Pro­posed Leg­is­la­tion for 2020 Sat­ur­day, Novem­ber 9, 2019     124E.20 Con­sis­ten­cy with fed­er­al laws and reg­u­la­tions.      The depart­ment of pub­lic health pur­suant to 21 C.F.R. §1307.03 shall noti­fy the fed­er­al Drug Enforce­ment Admin­is­tra­tion by July 1, 2020, that it is not the intent of this chap­ter pur­suant to 21 U.S.C. §903 to cre­ate any pos­i­tive con­flict … Pro­posed Leg­is­la­tion for 2020

https://iowamedicalmarijuana.org/cases/olsen-dea-2019.html Sup­ple­ment to Peti­tion for Fed­er­al Exemp­tion Mon­day, Octo­ber 14, 2019 BEFORE THE IOWA DEPARTMENT OF PUBLIC HEALTH Peti­tion by Carl Olsen­for agency action relat­ed toIowa Code Chap­ter 124E PETITION FORAGENCY ACTIONADDITIONAL EXHIBITS ADDITIONAL ARGUMENT Attached is a let­ter from Iowa Attor­ney Gen­er­al Tom Miller ask­ing the fed­er­al gov­ern­ment to “allow each state and ter­ri­to­ry … Sup­ple­ment to IDPH Peti­tion — Novem­ber 2019