Iowa Governor Sued Over Delay In Asking For Federal Medical Marijuana Exemption From DEA

MJ moment

Iowa’s governor is facing a new lawsuit from a marijuana activist who is demanding that the state promptly seek a federal exemption for its medical cannabis program as prescribed in a law signed last year. Carl Olsen filed the suit in a state district court on Sunday. It argues that the Department of Health has unnecessarily delayed submitting a request for an exemption from the Drug Enforcement Administration (DEA) and Gov. Kim Reynolds (R) has failed to ensure that the state law is effectively carried out. Under House File 2589 as signed by Reynolds, the department “shall request guarantees from the agencies of the federal government providing funding to educational and long-term care facilities” that allow patients to possess medical cannabis or staff to administer it in compliance with the state’s limited program. 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 so far, it has 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’s hopeful that the result will be different if the state is 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.” Olsen is now asking the court to order the governor to fulfill her role in ensuring that a request for a federal exemption is submitted. Failing to do so is “contrary to the public interest,” the suit says, because…

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Source : Iowa Governor Sued Over Delay In Asking For Federal Medical Marijuana Exemption From DEA

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