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.