Gov. Reynolds gets a 4/20 gift: A lawsuit over Iowa’s pot ploy

Last year, Iowa adopted a refreshingly forward-thinking approach to marijuana reform. Legislators passed and the governor signed a law aiming to square the state’s medical cannabis program with federal law.

Almost a year later, however, Iowa’s project is languishing even as other states are mimicking our strategy. Gov. Kim Reynolds now faces a legal challenge over her administration’s failure to act.

The vast majority of Americans live in states that provide some legal status to cannabis but the substance still is on the federal government’s list of most dangerous and restricted drugs. That creates real problems for patients, businesses and government officials.

Marijuana advocate Carl Olsen of Des Moines wants the Polk County District Court to order Reynolds to follow through on her own public health department’s recommendations for seeking an exemption from federal drug enforcers.

If the state needs help putting together the application, Olsen is ready and willing. It’s a strategy he has been honing for more than 30 years. His own appeals to the government have been shut down, but he figures a state government will have better chances.

Under federal regulations, the Drug Enforcement Administration can grant an exemption to federal drug laws. The Native American Church has such an exemption for members’ use of peyote, a psychedelic cactus that is listed alongside marijuana as a schedule I drug.

If a religious organization can get an exemption to use prohibited drugs, Olsen argues, surely a state government operating at the advice of medical professionals could do the same.

Iowa Attorney General Tom Miller in 2019 co-signed a letter to Congress advocating for federal recognition of state marijuana laws, writing “the status quo poses a serious threat to public safety.”

Marijuana businesses are at a severe disadvantage because they often are blocked from using traditional financial services and tax structures. There is also concern that state-regulated institutions such as schools and care facilities could face federal action for facilitating illegal drug use.

If Iowa doesn’t take action, other states might beat us to it. And they might mess it up.

Congress could clear up most of the legal confusion by passing a law to legalize marijuana or remove it from the schedule of controlled substances. But Vice President Kamala Harris recently said the government is too busy to do major marijuana reform right now.

The U.S. House this week is expected to pass the SAFE Banking Act, which changes baking regulations to allow marijuana companies in legal states to access more lending services. If it passes the Senate and is signed into law, it would be a big improvement over the status quo but would not resolve all the issues related to federal prohibition.

Iowa’s 2020 law addresses the disparity between state and federal law. It directed state officials to “request guarantees” that federal funding would not be affected by the state’s authorization of medical cannabis. Representatives with the Iowa Department of Public Health and the Iowa Medical Cannabidiol Board settled on seeking an exemption from the Drug Enforcement Administration, but so far they have not made good on the plan.

IDPH officials declined to comment for this column because of the ongoing litigation.

If it’s successful, Olsen’s suit will compel the state to finally file the necessary paperwork to be considered for a federal drug exemption. Even if it’s unsuccessful, court filings from the state could provide insight on officials’ thought process.

If Iowa doesn’t take action, other states might beat us to it. And they might mess it up.

State lawmakers in Minnesota and Hawaii this year are considering their own plans to seek a federal marijuana exemption, based on Olsen’s language.

Olsen has spent the last few years educating Iowa policymakers and bureaucrats about the legal strategy. They are better equipped to successfully execute it than their peers in Minnesota and Hawaii, who are relative newcomers to the effort.

“People are suffering now with the tax penalty and burdens on schools and health care facilities. Why should we make them wait when there's something we can do immediately?” Olsen told me recently.

Iowa has a chance to finally do something right on drug policy. We shouldn’t let other states chief our joint.

adam.sullivan@thegazette.com; (319) 339-3156