Requested Amendments to SF2397 (2018)

Proposed Amendment to SF 2397 (a bill by the Senate Committee on Ways and Means)

 

AN AMENDMENT TO SF 2397

 

Section 124E.1, Code 2018, is amended by adding the following new subsection and renumbering the remaining subsections:

NEW SECTION.  124E.2  Legislative purpose and intent.

The purpose and intent of this chapter is all of the following:

1.  The framers of the United States Constitution, recognizing state sovereignty, secured its protection in the Tenth Amendment to the United States Constitution.

2.  Beginning with California in 1996, a total of forty-six states have now enacted laws defining marijuana or extracts of marijuana as medicine.

3.  Congress did not intend the term “accepted medical use in treatment in the United States” to require a finding of recognized medical use in every state, Grinspoon v. Drug Enforcement Administration, 828 F.3d 881, 886 (1st Cir. 1987).

4.  Congress did not define the term “currently accepted medical use” in the federal Controlled Substances Act, Alliance for Cannabis Therapeutics v. Drug Enforcement Administration, 930 F.2d 936, 939 (D.C. Cir. 1991).

5.  In Gonzales v. Oregon, 546 U.S. 243 (2006) the Supreme Court of the United States acknowledged the decision-making authority to accept the medical use of controlled substances is a police power historically reserved to the states.

6.  The state and federal classification of marijuana as a substance without accepted medical use in treatment in the United States does not apply to the accepted medical use of marijuana in the state of Iowa.

Online Copy: 2018 Amendment One SF2397


 


Proposed Amendment to SF 2397 (a bill by the Senate Committee on Ways and Means)

 

AN AMENDMENT TO SF 2397

 

Amend Senate File 2397 as follows:

By inserting:

<Section 1.  Section 124.204, subsection 4, paragraphs m and u, Code 2017, are amended by striking the paragraphs.

Sec. 2.  Section 124.204, subsection 7, Code 2017, is amended by striking the subsection.

Sec. 3.  Section 124.206, subsection 7, Code 2017, is amended to read as follows:

7. Hallucinogenic substances.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, or, for purposes of paragraphs “a” and “b”, which contains any of its salts, isomers, or salts of isomers whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, positional, and geometric isomers):

a.  Marijuana when used for medicinal purposes pursuant to rules of the board.

b.  Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

(1)  1 cis or trans tetrahydrocannabinol, and their optical isomers.

(2)  6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3)  3,4 cis or trans tetrahydrocannabinol, and their optical isomers.  (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

b. c.  Nabilone [another name for nabilone: (+-) -trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one].>

Online Copy: 2018 Amendment Two SF2397

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