Iowa Cannabis Advocate Files Petition for agency action concerning House File 2589 and Iowa Code Chapter 124E

THE LATEST: Iowa Cannabis Advocate Files Petition for agency action concerning House File 2589 and Iowa Code Chapter 124E

This was expected, and, is very well written. The latest petition aims to prevent and correct seriously epic errors of law concerning federal funding (errors only a legislative body could be so stupid as to expect to ever even be able to manage to make) as the language in this year’s medical cannabis bill awaiting Governor Reynolds tyrannical signature approval is legally mistaken flawed, and also, a completely different conclusion than the one recommended by the Iowa medical cannabidiol advisory board last August. 

Read Carl Olsen of Iowans for Medical Marijuana’s entire petition challenging the legal errors of law contained in Iowa’s 2020 medical cannabis bill by clicking this link here. If you’re a serious cannabis advocate, policy maker, or legislator in Iowa, you should read the entire thing, along with all 7 exhibits and familiarize yourself at some point in the near future.

Please also consider making a financial contribution to Carl to help cover his court costs as well at this GoFund Me fundraiser.  Carl has worked for many years to get this issue done right, and making things a little easier is a great way to get involved and make a tangible, real difference.

Below is the verbatim introduction to Carl’s petition on this matter.

https://iowamedicalmarijuana.org/pdfs/2020-06-07/Petition-2020-June.pdf

Petitioner, Carl Olsen, objects to House File 2589 at page 9, §31 at
lines 27-35 (passed by the Iowa House of Representatives on March 10,
2020, by a vote of 52-46, and by the Iowa Senate on June 3, 2020, by a
vote of 32-17), which instructs the Iowa Department of Public Health (the
department) to obtain guarantees from federal agencies not to withhold
funding for local policies which authorize the violation of federal drug laws.

There is no formal process for requesting guarantees from federal
agencies not to withhold funding for violation of federal drug laws, because
it does not make any sense. Federal funding has recently been withheld
for local policies which authorize the violation of federal immigration laws,
New York v. United States DOJ, 951 F.3d 84 (2nd Cir. 2020), February 26,
2020. Federal funding has recently been withheld for local policies with
authorize the medica use of cannabis. Federal mental health grants
canceled because Maine has legal marijuana, Sun Journal, by Steve
Collins, May 15, 2020.
Instead of implying that Iowa Code Chapter 124E authorizes the
violation of federal drug laws, the department should recognize Iowa’s right
to determine the legitimate use of controlled substances in Iowa consistent
with 21 U.S.C. §903. See Gonzales v. Oregon, 546 U.S. 243 (2006).
To be consistent with 21 U.S.C. §903, the department should obtain a
federal exemption for Iowa Code Chapter 124E. There is a formal process
for obtaining a federal exemption from federal drug laws, 21 C.F.R.
§1307.03. A federal exemption would resolve the issue with all federal
agencies, not just a selected few.

There is precedent for interpreting state legislation in this manner,
because Iowa Code Chapter 124E.14 requires the department to license
two out-of-state medical cannabidiol dispensaries from a bordering state.
Similarly, Iowa Code Chapter 124E.15 allows medical cannabidiol patients
to register in Minnesota. The department has never implemented §14 and
§15 because attorneys for the department advised the department not to
implement those sections.
The same principle of statutory interpretation by the department
applies here. The department should not tell the federal government that
Iowa is authorizing federal crimes, which would be inconsistent with 21
U.S.C. §903. The department should reconcile state and federal law by
obtaining an exemption from federal drug laws, which would be consistent
with 21 U.S.C. §903. It would be completely within reason to say Iowa
legislators intended to create consistency rather than inconsistency with
federal drug laws and simply came up with poor language that inadequately
expresses this intent. The intent, rather than the letter, should govern here.
Why create tension (“positive conflict”) between state and federal
drug laws when it isn’t necessary or even desirable?

Read the entire petition by Carl Olsen over at the Iowans for Medical Marijuana website by clicking this link here. 

Governor Reynolds still has yet to sign this year’s bill after vetoing last year’s medical cannabis advancements as an ignorant swine. Maybe she can put that veto pen to use and line item veto some things for everyone this time around instead of assassinating patient’s civil rights like she did on this issue last year?

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