Iowa is trying to implement their medical marijuana laws but part of what they need comes from neighboring states and crossing state lines with marijuana is a federal offense. The Iowa attorney general stopped a proposal to transport cannabis extract.
Since marijuana is a Schedule 1 drug, the federal government still sees marijuana as illegal despite many reputable health organizations recognizing the medical value of cannabis. Does it make any sense that simply crossing state lines could induce such wrath from the federal government?
DES MOINES, Iowa (AP) — An unusual attempt by Iowa to work with another state to transport medical marijuana oil across state lines is on hold amid legal concerns it could invite scrutiny from the federal government.
The Iowa Attorney General’s office advised the Iowa Department of Public Health this month that it should not implement a small section in Iowa’s new medical marijuana law that requires the state, before the end of the year, to license up to two “out-of-state” dispensaries from a bordering state. Those entities would have been expected to bring cannabis oil into Iowa in order to sell it.
That’s considered illegal under federal law, which categorizes marijuana as a type of controlled substance that is prohibited from being moved across state lines. But during the final hours of the legislative session in April, some Republicans in the GOP-controlled Legislature suggested adding the language to open the door for a partnership with a neighboring state like Minnesota.
The development is not expected to impact other provisions in the law that call for establishing an in-state production system for cannabis oil by the end of 2018. Still, some GOP lawmakers expressed frustration with the news because the provision was also aimed at creating more immediate access to cannabis oil. Currently, Iowans have no way of getting the product within the state.
House Speaker Linda Upmeyer, R-Clear Lake, noted in a statement that no matter what the Legislature had decided, the state still would have been in violation of federal law.
“As I’ve said before, the federal government needs to act on this issue or let the states do their work,” she said, adding, “The out-of-state distributors are the quickest way to supply sick Iowans with a product that doctors say could be beneficial. If that provision doesn’t work out, then people will have to wait another year, and that’s disappointing.”
At least 29 states, the District of Columbia, Guam and Puerto Rico now allow for comprehensive public medical marijuana and cannabis programs, according to the National Conference of State Legislatures.