My Senator, Brad Zaun, has introduced heroic language in Iowa, urging the DEA to grant an exception to protect state medical marijuana patients from federal law.
State marijuana advocates prior to this had not found avenues to harmonize and reconcile state medical marijuana laws and federal marijuana laws. Now, thanks in part to our work here at WeedPress, and my personal lobbying of Senator Zaun for over a decade, state marijuana advocates have an example for how to fix federal law — a fix that protects patient gun rights, patient safety, lowers the cost of marijuana for patients, and provides innumerable benefits to patient consumers.
Who would have thought Republicans would be the first to find a solution to federal marijuana laws — and that the solution was already on the books, and didn’t need any input from Congress? Congress already solved the problem with the following statutes as described in this Bleeding Heartland article earlier this month:
Federal drug law authorizes exemptions.
- 21 U.S.C. § 822(d) allows exemptions to manufacture, distribute, and dispense controlled substances
- 21 U.S.C. § 822(c)(3) provides an exemption for an ultimate user
- 21 U.S.C. § 802(27) an ultimate user is someone who lawfully obtains a controlled substance
- 21 C.F.R. § 1307.03 is an application for exemption
Iowa Code Chapter 124E is already an exception to Iowa Code Chapter 124. Iowa Code § 124.401(5). Federal exemption is the missing piece. Without exemption, federal drug law provides severe punishments.
- 21 U.S.C. § 848 continuing criminal enterprise
- 18 U.S.C. § 1956 racketeering
- 18 U.S.C. § 1961 recketeering influenced and corrupt organizations
- 26 U.S.C. § 280E tax deductions and credits not allowed
- 41 U.S.C. § 8101 drug free workplace
On September 4, 2020, the Iowa Department of Public Health wrote: “The Department has determined that it will move forward with seeking an exception for cannabis as a schedule I substance in Iowa from the DEA, in attempt to minimize conflict between State and Federal Law.” Program Update, September 4, 2020 But the department hasn’t moved forward.
Source: https://www.bleedingheartland.com/2022/01/12/my-effort-to-allow-religious-use-of-marijuana-extracts-in-iowa/
Filed today, January 24th, is the language in my Senator’s heroic bill, SRC 101:
https://www.legis.iowa.gov/legislation/BillBook?ba=SCR101&ga=89
Senate Concurrent Resolution 101 – Introduced
SENATE CONCURRENT RESOLUTION NO. 101
BY ZAUN
A Concurrent Resolution urging the United States Drug Enforcement Administration to grant an exception to the classification of cannabis under schedule I of the federal Controlled Substances Act in Iowa.
WHEREAS, the General Assembly has directed the Iowa Department of Public Health to request guarantees from the federal government that educational and long-term care facilities in Iowa with policies allowing patients to possess medical cannabidiol or allowing staff to administer medical cannabidiol will not lose federal funding due to such policies; and
WHEREAS, the Iowa Department of Public Health may accomplish this goal by seeking an exception to the classification of cannabis under schedule I of the federal Controlled Substances Act in Iowa from the United States Drug Enforcement Administration using the procedure found in 21 C.F.R. §1307.03; NOW THEREFORE,
BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRESENTATIVES CONCURRING, That the Iowa General Assembly urges the United States Drug Enforcement Administration to grant an exception to the classification of cannabis under schedule I of the federal Controlled Substances Act in Iowa requested by the Iowa Department of Public Health for the purpose of allowing the possession and administration of medical cannabidiol at educational and long-term care facilities in Iowa; and
BE IT FURTHER RESOLVED, That the Secretary of State transmit a copy of this resolution to the Office of Diversion Control of the federal Drug Enforcement Administration.
WeedPress: The Paper Trail 
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