States

State med­ical mar­i­jua­na laws and fed­er­al sched­ul­ing

Restrictive Senate Amendment to House Medical Cannabidiol Bill

After months of say­ing the 3% THC cap would nev­er be lift­ed unless the Med­ical Cannabid­i­ol Advi­so­ry Board rec­om­mend­ed lift­ing it, the Iowa House mys­te­ri­ous­ly decid­ed to lift the 3% cap on THC just days before the leg­isla­tive fun­nel dead­line on March 8.  House File 732 (med­ical cannabid­i­ol) was intro­duced on March 6, vot­ed out Restric­tive Sen­ate Amend­ment to House Med­ical Cannabid­i­ol Bill

What really happened last week with the medical cannabidiol bill?

On Sat­ur­day, March 30, the Des Moines Reg­is­ter report­ed that a mem­ber of the Med­ical Cannabid­i­ol Advi­so­ry Com­mit­tee resigned over com­ments made on the floor of the House dur­ing debate on House File 732. Iowa House mem­bers who vot­ed this week to allow the sale of stronger med­ical mar­i­jua­na prod­ucts said they were fol­low­ing the What real­ly hap­pened last week with the med­ical cannabid­i­ol bill?

Proposed Amendment to HSB 244

The fol­low­ing amend­ment became part of SF 501 on Tues­day, March 5, 2019, by a vote of 14 — 1 in the Iowa Sen­ate Judi­cia­ry Com­mit­tee. Please add the same lan­guage to HSB 244. House Study Bill 244 1 Amend House Study Bill 244 as fol­lows: 2 1.  Page 2, after line 18 by insert­ing: Pro­posed Amend­ment to HSB 244

Proposed Amendment to SF 256

A sen­a­tor sent me a copy of a pro­posed amend­ment we would like added to SF 256 cur­rent­ly pend­ing in the Iowa Sen­ate Judi­cia­ry Com­mit­tee. We would great­ly appre­ci­ate your sup­port. Sen­ate File 256 1 Amend Sen­ate File 256 as fol­lows: 2 1.  Page 5, after line 18 by insert­ing: 3 <Sec. ___.  NEW SECTION.  Pro­posed Amend­ment to SF 256

Standing to Petition the DEA

On Jan­u­ary 28, a local attor­ney and I peti­tioned the DEA to grant an exemp­tion to fed­er­al reg­u­la­tions for the Iowa Med­ical Cannabid­i­ol pro­gram, Iowa Code Chap­ter 124E (2019), sim­i­lar the one grant­ed to the Native Amer­i­can Church for the reli­gious use of pey­ote.  See 21 C.F.R. § 1307.03 (2019) and 21 C.F.R. § 1307.31 Stand­ing to Peti­tion the DEA

Proposed State Legislation for 2019

Add the fol­low­ing sec­tion to Iowa Code §124E.12: New Sec­tion 10 10.   Notwith­stand­ing fed­er­al admin­is­tra­tive reg­u­la­tions, 21 C.F.R. §1308.11 Sched­ule I, (23) Mar­i­hua­na, (31) Tetrahy­dro­cannabi­nols, and (58) Mar­i­hua­na Extract, Admin­is­tra­tion Con­trolled Sub­stances Code Num­bers 7360, 7370, and 7350, state autho­rized use of cannabis, tetrahy­dro­cannabi­nols, and cannabis extracts, are exempt from fed­er­al reg­u­la­tions pur­suant to the Pro­posed State Leg­is­la­tion for 2019

Request for State Legislation 2019

Iowa Code Chap­ter 124E, the Iowa Med­ical Cannabid­i­ol Act, lacks a sec­tion on com­pli­ance with exist­ing fed­er­al law. Cannabis is a fed­er­al sched­ule 1 con­trolled sub­stance, and yet Iowa Code Chap­ter 124E doesn’t even men­tion it.  Why? In 2018, the Iowa Sen­ate passed SF 2398 by a vote of 49–0.  Sec­tion 6 is titled “Com­pli­ance Request for State Leg­is­la­tion 2019

Board Moves to Dismiss Religious Claim for Cannabidiol

On Thurs­day, Sep­tem­ber 20, the Iowa Board of Phar­ma­cy moved to dis­miss my peti­tion for the Reli­gious use of med­ical cannabid­i­ol, in Olsen v. Board of Phar­ma­cy, No. CVCV056841 (Iowa Dis­trict Court, Polk Coun­ty).  The Board says the peti­tion should have been filed with the Iowa Leg­is­la­ture instead of the Board. The prob­lem with the Board Moves to Dis­miss Reli­gious Claim for Cannabid­i­ol

What is the Religious Freedom Restoration Act?

The Reli­gious Free­dom Restora­tion Act (RFRA) was enact­ed in 1993 to reverse the U.S. Supreme Court rul­ing in Employ­ment Divi­sion v. Smith, 494 U.S. 872 (1990).  In the Smith case, the court ruled that reli­gious free­dom alone was not guar­an­teed by the U.S. Con­sti­tu­tion with­out an addi­tion­al con­sti­tu­tion­al claim, such as equal pro­tec­tion.  The court What is the Reli­gious Free­dom Restora­tion Act?