Sponsored by

VGoodiez 420EDC
  • Welcome to VaporAsylum! Please take a moment to read our RULES and introduce yourself here.
  • Need help navigating the forum? Find out how to use our features here.
  • Did you know we have lots of smilies for you to use?

Law Iowa

Dozens Of Iowa Democratic Officials Push For Marijuana Legalization In 2021


Iowa Democrats said Wednesday they want to legalize cannabis and regulate it at the same level as alcohol.

So far, no Republicans, who hold the majority in the legislature, have publicly supported the measure.

Nearly 40 Democrats, ranging from city council members to Iowa state senators, signed onin support of legalizing the possession of small amounts of marijuana and expunging the criminal records of Iowans who have been previously charged in misdemeanors for marijuana possession.

Democrats are proposing three bills: One that establishes cannabis regulations that are similar to alcohol; a second bill that eliminates criminal penalties for possession of cannabis for personal use and expunges previous criminal records and a third bill that gives local governments the authority to decriminalize small amounts of marijuana.

Supporters said legalizing marijuana is a step toward addressing the racial inequity Black Iowans face in the state’s criminal justice system.

Linn County Supervisor Stacey Walker said Black Iowans are more likely to be arrested for marijuana possession than their white peers, even though they use it at the same levels.

The ACLU of Iowa released a report in April that showed Black Iowans are seven times more likely to be arrested for marijuana possession, based on national law enforcement data.

“Over half the states in the union have some form of legalized cannabis. If we follow suit here in Iowa and fully legalize marijuana, we can make progress on multiple fronts,” Walker said.

Iowa City Mayor Bruce Teague said legalizing marijuana will address both racial equity and a medical need for those who may use it for pain relief.

“Regulating marijuana like alcohol is the right thing to do,” Teague said.

State Sen. Jackie Smith, D-Sioux City, said her district is in the tri-state area, which borders South Dakota.

Marijuana will be legal there starting July 1.

“I don’t want to see Iowa money leave the state and go to another state,” Smith said.

After Illinois legalized marijuana in 2019, Gov. Kim Reynolds (R) said at the time that she does not support legalization in Iowa. Reynolds has supported the medicinal use of cannabidiol, which is derived from marijuana, through licensed dispensaries in the state.
Sen. Joe Bolkcom, D-Iowa City, said Democrats are willing to work with Reynolds on decriminalizing marijuana, if she isn’t willing to go as far as legalizing possession.

”Maybe there’s some common ground to be found on a shorter step in terms of marijuana reform,” Bolkcom said.

This story was first published by Iowa Capital Dispatch.

See the full list of Iowa officials calling for marijuana reform by following title link and scrolling to the bottom of the article
 

Iowa Asks DEA To Guarantee Protections For Medical Marijuana Program After Facing Activist Lawsuit


Iowa officials are requesting that federal agencies guarantee they won’t punish people for participating in the state’s medical marijuana program, avoiding a protracted legal challenge in the process.

Last year, the legislature approved a bill that required the state to seek the protections for its medical cannabis program from the Drug Enforcement Administration (DEA). After months of inaction, activist Carl Olsen filed suit against the governor, alleging that she failed to ensure that the law was effectively carried out because the Department of Public Health had unnecessarily delayed the mandated request.

But within weeks of that lawsuit being filed, the state department on April 23 sent letters to DEA, the Food and Drug Administration, the Centers for Medicare and Medicaid Services and the Department of Education seeking a policy carve-out for Iowa’s limited medical cannabis market.

In the letters, the department simply quoted the statute of the law and said it “respectfully requests the guarantee as directed by the Iowa General Assembly.”

Here’s the relevant text of the statute:

“The department of public health shall request guarantees from the agencies of the federal government providing funding to educational and long-term care facilities that facilities with policies allowing patients to possess medical cannabidiol on the grounds of the facilities consistent with chapter 124E or allowing facility staff to administer medical cannabidiol to a patient shall not lose eligibility for any federal funding due to such policies.”

After being informed via a court filing that the department had made good on its obligation, Olsen agreed that the lawsuit was no longer relevant. However, he had sharp words for the government over its handling of the matter, namely its decision to send a short letter rather than file a formal application for federal exemption.

“All Iowa citizens are directly injured by the apparent inconsistency with federal drug law, which throws people with serious disabilities under the bus while endangering the general public,” the long-time activist said. “The department knows a better solution and it said so on September 4, 2020.”

“It’s a sad day when state government chooses to ignore federal law rather than comply with it,” he continued in his response to the state’s motion to dismiss. “What a horrible example of scofflaw and disorder. The people of Iowa deserve better.”

Regulators said in a report last year that the department would “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.” But until last week, it had declined to act beyond saying in February that it was “still evaluating the best way to proceed.”

Last year, DEA rejected a request for an exemption that was submitted by Olsen himself, but he has been hopeful that the result would be different with the state formally involved.

DEA regulations stipulate that the agency’s administrator “may grant an exemption in his discretion, but in no case shall he/she be required to grant an exception to any person which is otherwise required by law or the regulations.”

On a related note, the Hawaii legislature recently adopted a resolution seeking an exemptionfrom DEA stipulating that the state is permitted to run its medical cannabis program without federal interference. While the House approved an identical measure last month, it only applied to that chamber. This separate concurrent version cleared the House first before being adopted in final form by the Senate last month.

Read the state and Olsen’s most recent court filings by following title link and scrolling to the bottom of the article.
 

Sponsored by

VGoodiez 420EDC
Back
Top