REQUESTING THE GOVERNOR TO OBTAIN A CONTROLLED SUBSTANCE EXEMPTION FROM THE DRUG ENFORCEMENT ADMINISTRATION FOR REGISTERED MEDICAL CANNABIS PATIENTS AND REGISTRATION WAIVERS FOR STATE-LICENSED DISPENSARIES.
WHEREAS, under federal law, cannabis is currently classified as a Schedule I controlled substance, meaning it is illegal to possess, produce, and distribute without Drug Enforcement Administration Schedule I registration for limited research; and
WHEREAS, in 2017 with the enactment of Act 162, Iowa accepted the medical use of cannabis and created a state medical cannabis program under the State’s constitutional authority over the intrastate practice of medicine; and
WHEREAS, the resulting legal disharmony between the state and federal regulation of cannabis created a layered legal and economic gray area, in which patients and dispensaries must violate federal law to participate, with prosecution protection entirely dependent upon the non-enforcement of federal law; and
WHEREAS, the legal disparities between the state and federal regulation of cannabis threaten employment, firearms registration, housing, hospice care, and safe and affordable access for Iowa’s medical cannabis patients; and
WHEREAS, these legal disparities also discourage potential medical cannabis patients from enrolling in Iowa’s Medical Cannabis Program for fear of federal repercussions; and
WHEREAS, legal differences prevent state-licensed dispensaries from utilizing regular banking services and deducting standard business expenses from their federal tax returns, which amplifies costs, raises retail prices, and pushes patients into the illicit market; and
WHEREAS, continued activities amid such discrepancies give residents and businesses the false impression that federal law doesn’t matter, which undermines respect for the rule of law and encourages criminal activity; and
WHEREAS, in order to truly protect medical cannabis patients, Iowa could apply for a federal controlled substance exemption through the Drug Enforcement Administration so that registered patients could participate in Iowa’s Medical Cannabis Program without being exposed to federal prosecution or discrimination; and
WHEREAS, to protect state-licensed dispensaries, Iowa could apply for a federal registration waiver from the Drug Enforcement Administration, so that dispensaries could commercially produce and distribute intrastate medical cannabis in compliance with state and federal law; and
WHEREAS, in 2020 with the enactment of Act 1116 § 31, the Iowa State Legislature addressed this issue by requesting the State Department of Health request guarantees from federal agencies providing funding to educational and long-term care facilities to not lose eligibility for any federal funding due to allowing patients to possess medical cannabis on the grounds of the facilities consistent with chapter 124E or allowing facility staff to administer medical cannabis to a patient; and
WHEREAS, despite this clear legislative stance, the Department of Health, along with the Governor and Attorney General who also have the discretion to apply for the exemption, have yet to file federal administrative process to obtain an exemption for chapter 124E under 21 U.S.C. § 822(d); and
WHEREAS, the recent Executive Order from the Trump Administration to expedite the federal rescheduling of cannabis to Schedule III requires prompt action to protect Iowa’s medical cannabis program and the state’s authority over the intrastate medical use of cannabis; now, therefore.
BE IT RESOLVED by the House of Representatives of the Ninety-first Legislature of the State of Iowa, Regular Session of 2026, the Senate concurring, that the Governor is respectfully requested to act on Act 1116 § 31, Regular Session of 2020 and pursue with the Drug Enforcement Administration an exemption from federal controlled substance regulation for registered medical cannabis patients in Iowa; and
BE IT FURTHER RESOLVED that it is also requested that registration waivers from the Drug Enforcement Administration for state-licensed dispensaries under Chapter 21 United States Code, section 822(d) are pursued for the intrastate production and distribution of medical cannabis; and
BE IT FURTHER RESOLVED that the Department of Health and Human Services is requested to provide updates to the Legislature as they become available; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to members of Iowa’s Congressional delegation, the Governor of the State of Iowa, the Attorney General, and the Director of the Iowa State Department of Health and Human Services.