Previously on WeedPress: Email to South Dakota Department of Health About Federal Marijuana Exemption Application From Jason Karimi, January 16, 2022
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| MCQuestions@state.sd.us | Tue, Jan 18, 12:55 PM (6 days ago) |  | |
| to me |
Good afternoon,
Thank you for your email. We are not familiar with the law or the federal exemption process you refer to in your email, but because it would be a federal exemption and not state, the state is not able to assist you.
Thanks,
South Dakota Medical Cannabis Program
From: webmaster@state.sd.us <webmaster@state.sd.us>
Sent: Sunday, January 16, 2022 10:43 AM
To: DOH Internet Information <DOH.INFO@state.sd.us>
Subject: DOH Web Contact Us
Name: Jason Karimi
Comment: I have a state medical cannabis card, but am on federal probation. This creates a problem for me. I see in the US code that there is a process to apply to the federal government asking for an exemption from federal law for state programs. Can you help me apply for federal exemption with the law? Otherwise, what are you doing to protect state authorized patients like me from federal law, when federal law is telling state authorized patients like me that federal law overrules my state medical card? Again, due to my probation requirements, I can go to jail for using state authorized medical marijuana, but there is a way to resolve this issue by applying for federal exemption. I look forward to working with you! Thank you! Jason Karimi
In future emails I will include the following:
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
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