Carl Olsen is the founder of Iowans for Medical Marijuana.

The Iowa Department of Corrections filed two study bills this week, asking Iowa legislators to make an exception to the state’s medical cannabis program, Iowa Code Chapter 124E.

Senate Study Bill 3020 and companion House Study Bill 524 call for amending the statute so the state can

Revoke a medical cannabidiol registration card issued to a person who becomes committed to the custody of the director of the Iowa department of corrections or placed under the supervision of the Iowa department of corrections.

Carl Olsen is the founder of Iowans for Medical Marijuana.

One of President Joe Biden’s campaign promises was to consider reforming federal marijuana laws. Recently, in fulfilling his promise, Biden pardoned all federal simple marijuana possession cases and requested that Secretary of Health and Human Services Xavier Becerra begin a scheduling review.

Marijuana is in the most restrictive of the five schedules in the Controlled Substances Act of 1970. 21 U.S.C. §§ 801 et seq. Schedule I is for substances that have no accepted medical use in treatment in the United States. Substances in schedules II through V are prescription drugs. 

The major obstacle to rescheduling marijuana has always been that marijuana can’t be proven to have accepted medical use because it cannot be prescribed.

Carl Olsen is the founder of Iowans for Medical Marijuana.

If you have travel plans this summer, you might want to consider a route that avoids Iowa.  Last week, the Iowa Supreme Court denied protection for an out-of-state medical marijuana patient.

William Morris covered the ruling for the Des Moines Register, and Paul Brennan wrote about it at Little Village.

After reading the 4-3 majority opinion in State v. Middlekauff, I felt something seemed amiss. 

Carl Olsen is the founder of Iowans for Medical Marijuana.

Therapeutic use of marijuana stretches back centuries, but the popularity of its modern use appears to have begun with the discovery of the THC molecule. Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. THC was first discovered and isolated by Bulgarian-born chemist Raphael Mechoulam in Israel in 1964. 

On May 13, 1986, the Drug Enforcement Administration (DEA) transferred the synthetic form of THC from schedule I to schedule II of the Controlled Substances Act (CSA). On July 1, 1999, the DEA transferred this synthetic form of THC from schedule II to schedule III of the CSA.  Federal Register: Vol. 64, No. 127, Friday, July 2, 1999.

Carl Olsen is the founder of Iowans for Medical Marijuana.

In October, I asked the Polk County District Court to declare religious use as a qualifying condition for participation in the state’s marijuana extract program, Iowa Code Chapter 124E.

On November 23, 2021, the state filed a Motion to Dismiss my Petition for Declaratory Judgment. The state said it had sovereign immunity and cannot be sued.

On November 24, 2021, I filed an application with the Iowa Department of Public Health (IDPH) for access to the program.

The state made three other arguments in its motion to dismiss:

Carl Olsen sent the letter enclosed below to the U.S. Senate Finance Committee. -promoted by Laura Belin

Cannabis_Reform@finance.senate.gov

Cannabis Administration and Opportunity Act
GAI21675 4LN Discussion Draft S.L.C.

Modern state, national, and international drug laws were designed to be flexible.  Instead of statutory classification of drugs, classification is an administrative process called scheduling.  The scheduling of drugs can be adjusted by administrative processes without the need for further legislation or renegotiated international treaties.

Carl Olsen is the founder of Iowans for Medical Marijuana. – promoted by Laura Belin

In February 2019, I asked the Iowa Medical Cannabidiol Board, which regulates our state’s medical cannabis program, if there was anything we could be doing about federal drug law, such as obtaining a federal exemption (21 C.F.R. § 1307.03) like the one that currently exists for another federal Schedule I controlled substance, peyote (21 C.F.R. § 1307.31).

In August 2019, at my request, the board recommended that the Iowa Department of Public Health (IDPH) obtain a federal exemption for cannabis. However, the department refused, saying none of the other 46 states that have enacted medical cannabis laws have requested federal exemptions, and that Iowans were not being injured by the federal criminalization of cannabis.

Keep in mind that patients had been testifying before the board about discrimination in schools and health care facilities because of the federal criminalization of cannabis. Iowa Attorney General Tom Miller signed a September 2019 bipartisan letter from attorneys general saying the current federal policy “poses a serious threat to public safety.”

Carl Olsen is the founder of Iowans for Medical Marijuana. -promoted by Laura Belin

Don’t be fooled by quasi-legal schemes to tax and regulate cannabis. There is a federal solution for doing this the right way.

If legislators tell you it makes their eyes glass over, tell them to leave the capitol and don’t come back until they are sober. They should not be legislating unless they can clearly see the road ahead.

Carl Olsen recounts the latest legal steps in his effort to reconcile state and federal drug laws. -promoted by Laura Belin

On November 10, just a week after the election, the U.S. 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.

DEA explained that denying the exemption was necessary because it would create an exemption:

Carl Olsen, the founder of Iowans for Medical Marijuana, brings us up to date on his efforts to reconcile state and federal drug laws. -promoted by Laura Belin

Retail sales of medical cannabis products began in Iowa on December 1, 2018, implementing Iowa House File 524, which lawmakers passed on the final day of the 2017 legislative session.

Iowans for Medical Marijuana submitted an application to the U.S. Drug Enforcement Administration in January 2019, seeking to exempt Iowa’s Medical Cannabis Program from federal drug laws. That application used the process in Title 21, Code of Federal Regulations, Chapter 1307, 21 C.F.R. §1307.03. I then began to lobby the state legislature and the Iowa Department of Public Health to support the application.

Carl Olsen recounts his long battle to reschedule cannabis and the latest legal steps in his effort to reconcile state and federal drug laws. -promoted by Laura Belin

Last month, I filed a petition with the Iowa Department of Public Health, asking the agency to start the process of obtaining a federal exemption for Iowa’s medical cannabis law.

I had presented this idea to Iowa’s Medical Cannabidiol Board in August 2019. The board members unanimously approved the concept and recommended in January 2020 that the legislature protect schools and long-term care facilities, which “are hesitant to allow medical cannabidiol products to be administered and stored at the facilities due to the current scheduling of Cannabis at the federal level.” The board suggested “Developing language to protect these facilities or seeking exemption for Iowa’s program from federal drug laws.”

Instead of adopting my proposal, Republican lawmakers approved and Governor Kim Reynolds signed House File 2589, which instructed the Department of Public Health to “request guarantees” from federal agencies that they would not withhold federal funding from educational or long-term care facilities that allow patients to possess or staff to administer medical cannabidiol.

That approach makes no sense, because it would put Iowa in direct conflict with federal drug law. As I wrote in my petition, “There is no formal process for requesting guarantees from federal agencies not to withhold funding for violation of federal drug laws.”

Here’s why Iowa should take a different path.

Carl Olsen analyzes the big news the governor tried to bury in a pre-holiday weekend news dump. He has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

Governor Kim Reynolds vetoed House File 732 on May 24. The bill passed by overwhelming bipartisan majorities in both legislative chambers: 96 to 3 in the Iowa House and 40 to 7 in the Iowa Senate. The full text of the governor’s veto letter is enclosed at the end of this post.

This is a tough issue for me to write about. I totally agree with the governor’s logic. At the same time, I am disappointed with the outcome.

Carl Olsen has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

In a highly unusual move, the Iowa Department of Public Health (IDPH) announced on the afternoon of April 12 that the Medical Cannabidiol Advisory Board had rescheduled its planned meeting. Instead of convening for two and a half hours on May 3, the board would meet for one hour on April 16.

Members called the shorter, rushed meeting in order to discuss recommendations on the tetrahydracannabinol or THC cap and purchase limits in a bill the Iowa House approved last month.

Carl Olsen reports on the latest legislative maneuvering around Iowa’s medical cannabis program. -promoted by Laura Belin

Key lawmakers said for months the 3 percent tetrahydrocannabinol (THC) cap would never be lifted unless Iowa’s Medical Cannabidiol Advisory Board recommended doing so. Nevertheless, the Iowa House mysteriously decided to lift the 3 percent cap on THC shortly before the first legislative funnel deadline on March 8.

Carl Olsen is a leading advocate for expanding access to medical cannabis in Iowa and maintains the Iowans for Medical Marijuana website. -promoted by Laura Belin

The Des Moines Register reported on March 29 that a member of the Iowa Medical Cannibidiol Advisory Board had resigned over comments made on the floor of the House during debate on House File 732. (Bleeding Heartland covered that bill’s passage here.)

Carl Olsen is a longtime advocate for expanding access to medical cannabis in Iowa. He maintains the Iowans for Medical Marijuana website and argued for the amendment discussed here. -promoted by Laura Belin

Have you heard legislators saying they are authorizing federal criminal activity here in Iowa? It’s true.

Carl Olsen is a longtime advocate for expanding access to medical cannabis in Iowa and maintains the Iowans for Medical Marijuana website. -promoted by desmoinesdem

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’s position is that the legislature has given the board the duty of recommending changes in the schedules of controlled substances and medical cannabidiol is a controlled substance in Iowa.  There is also an existing exemption for the religious use of peyote, a Schedule 1 controlled substance.  Iowa Code § 124.204(8) (2018).

Carl Olsen is a longtime advocate for expanding access to medical cannabis in Iowa and maintains the Iowans for Medical Marijuana website. -promoted by desmoinesdem

I attended the seventh meeting of the state Medical Cannabidiol Advisory Board on August 3 at the Iowa Laboratory Facility on DMACC’s Ankeny Campus. Current law names nine “debilitating medical conditions” which can legally be treated with cannabidiol. See Iowa Code § 124E.2(2) (2018). The board considered three petitions to expand the list. Board members denied one, deferred one, and granted the petition to add ulcerative colitis.

My observations about these rulings may help advocates lobbying officials to allow medical cannabis for other diseases or chronic health conditions now excluded under Iowa law.

Carl Olsen is a longtime advocate for expanding access to medical cannabis in Iowa and maintains the Iowans for Medical Marijuana website. -promoted by desmoinesdem

Representative David Young is co-sponsoring federal legislation, the CARERS Act of 2017, H.R. 2920, that would interfere with Iowa’s Medical Cannabidiol Act of 2017, passed during the closing hours of last year’s legislative session.

And it’s not just Young. Representative Dave Loebsack, Iowa’s only Democrat in Congress, is also co-sponsoring the CARERS Act of 2017.  What is surprising to me as a Democrat is that the Republican representing the first district, Rod Blum, is actually the only Iowa member of Congress that understand federalism.  What I mean by “federalism” is that Blum is representing the people of the state of Iowa rather than federal interference with our new state medical marijuana law.