Iowans for Medical Marijuana Post Office Box 41381, Des Moines, Iowa
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- Margery Nichols
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1 Iowans for Medical Marijuana Post Office Box 48, Des Moines, Iowa Thursday, May 0, 0 Scott Ourth 0 Timber Lane Ackworth, Iowa 5000 Dear Mr. Ourth, On March, 0, you voted for HF 68, a bill which the Office of Drug Control Policy (ODCP) filed in direct opposition to the recommendation of the Iowa Department of Public Health (IDPH) in 00. Attached to this letter are both bills, which were filed simultaneously in 00 by ODCP and IDPH, so you can see that HF 68 is the same bill ODCP filed in 00. The Iowa Code clearly defines the role and mission of these two state agencies. IDPH decides what accepted medicine use is based on the 8 factors in Iowa Code 4.0(), and ODCP makes decisions on how to handle unauthorized, non-medical, use. ODCP has no r0le in determining scheduling of controlled substances. Iowa Code 4.0 clearly assigns this responsibility to the Iowa Board of Pharmacy, a division of IDPH, not to ODCP. Iowa Code 80E defines the purpose of ODCP. Thank you! Sincerely, Carl Olsen 0 E. Aurora Ave. Des Moines, IA carl-olsen@mchsi.com
2 SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF PUBLIC HEALTH/BOARD OF PHARMACY BILL) A BILL FOR An Act revising the controlled substances schedules, and providing penalties. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 74DP (8) 84 jm/nh
3 Section. Section 4.04, subsection 4, paragraph m, Code 0, is amended by striking the paragraph. Sec.. Section 4.04, subsection 4, paragraph u, unnumbered paragraph, Code 0, is amended to read as follows: Tetrahydrocannabinols, except as otherwise provided by rules of the board for medicinal purposes, 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: Sec.. Section 4.04, subsection 4, Code 0, is amended by adding the following new paragraph: NEW PARAGRAPH. ai. 5-methoxy-N,N-dimethyltryptamine. Some trade or other names: 5-methoxy--[-(dimethylamino)ethyl]indole;5-MeO-DMT. Sec. 4. Section 4.04, subsection 7, Code 0, is amended by striking the subsection. Sec. 5. Section 4.04, subsection 9, Code 0, is amended to read as follows: 9. Other materials. Any material, compound, mixture, or preparation which contains any quantity of the following substances: a. N-[-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers. b. N-[-(-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers. a. 5-(,-Dimethylheptyl)--[(R,S)--hydroxycyclohexyl]- phenol. Other names: CP-47,497. b. 5-(,-Dimethyloctyl)--[(R,S)--hydroxycyclohexyl]- -- LSB 74DP (8) 84 jm/nh /
4 phenol. Other names: cannabicyclohexanol and CP-47,497 C8 homologue. c. -Butyl--(-naphthoyl)indole. Other names: JWH-07. d. -[-(4-Morpholinyl)ethyl]--(-naphthoyl)indole. Other names: JWH-00. e. -Pentyl--(-naphthoyl)indole. Other names: JWH-08 and AM678. Sec. 6. Section 4.06, subsection 6, Code 0, is amended by adding the following new paragraph: NEW PARAGRAPH. c. Immediate precursor to fentanyl: 4-anilino-N-phenethyl-4-piperidine (ANPP). Sec. 7. Section 4.06, subsection 7, paragraph a, Code 0, is amended to read as follows: a. Marijuana when used for medicinal purposes pursuant to rules of the board. Sec. 8. Section 4.08, subsection 6, Code 0, is amended by adding the following new paragraphs: NEW PARAGRAPH. bh. Boldione (androsta-,4-diene-,7-dione). NEW PARAGRAPH. bi. Desoxymethyltestosterone (7[alpha]-methyl-5[alpha]-androst--en-7[beta]-ol); also known as madol. NEW PARAGRAPH. bj. 9-nor-4,9(0)-androstadienedione (estra-4,9(0)-diene-,7-dione). EXPLANATION This bill revises the lists of drugs on the controlled substances schedules, and provides penalties. The bill removes marijuana from schedule I and reclassifies it as a schedule II controlled substance. The bill also strikes references to the authority of the board of pharmacy to adopt rules for the use of marijuana or tetrahydrocannabinols for medicinal purposes. A schedule I controlled substance is a highly addictive substance that has no accepted medical use in the United States and a scheduled II controlled substance is a highly addictive substance that has an accepted medical use in -- LSB 74DP (8) 84 jm/nh /
5 the United States. The reclassification of marijuana from a schedule I controlled substance to a schedule II controlled substance permits a physician to issue a prescription for marijuana. The bill also revises the lists of drugs in the controlled substance schedules to conform with action undertaken by the federal drug enforcement administration. The bill classifies five synthetic cannabinoids, more commonly known as K, as schedule I controlled substances. The bill adds a drug commonly referred to as 5-MeO-DMT to the list of schedule I controlled substances as well. The bill also removes benzylfentanyl and thenylfentanyl from the schedule I classification. The bill classifies the substance ANPP, a precursor substance to the controlled substance fentanyl, as a schedule II controlled substance. The bill classifies three anabolic steroids as schedule III controlled substances. A controlled substance classified as a schedule III substance is a substance that has potential for abuse which is less than schedule I and II substances but has an accepted medical use in the United States. It is a class C felony pursuant to Code section 4.40, subsection, paragraph c, subparagraph (8), for any unauthorized person to violate a provision of Code section 4.40 involving a classified substance placed on schedule I, II, or III pursuant to the bill. The penalties remain unchanged for marijuana under the bill. The penalties under Code section 4.40 range from a class B felony punishable by up to 50 years of confinement to a serious misdemeanor punishable by up to six months of confinement depending on the amount of marijuana involved in the offense. -- LSB 74DP (8) 84 jm/nh /
6 SENATE/HOUSE FILE BY (PROPOSED GOVERNOR S OFFICE OF DRUG CONTROL POLICY BILL) A BILL FOR An Act relating to the control of marijuana, providing penalties, and including an effective date provision. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 0DP (9) 84 jm/nh
7 E Section. Section 4.04, subsection 4, paragraph m, Code 0, is amended to read as follows: m. Marijuana, except as otherwise provided by rules of the 4 board for medicinal purposes. E Sec.. Section 4.04, subsection 4, paragraph u, 6 unnumbered paragraph, Code 0, is amended to read as 7 follows: 8 Tetrahydrocannabinols, except as otherwise provided 9 by rules of the board for medicinal purposes, meaning 0 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 4 substances, derivatives, and their isomers with similar 5 chemical structure and pharmacological activity to those 6 substances contained in the plant, such as the following: E Sec.. Section 4.04, subsection 7, Code 0, is amended 8 by striking the subsection. E Sec. 4. Section 4.06, subsection 7, Code 0, is amended 0 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 4 following substances: 5 a. Marijuana when used for medicinal purposes pursuant to 6 rules of the board. 7 b. Nabilone nabilone [another name for nabilone: 8 (+-) - trans--(,-dimethylheptyl)-6,6a,7,8,0,0a- 9 hexahydro--hydroxy-6,6-dimethyl-9h-dibenzo[b,d]pyran-9-one]. 0 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of immediate importance, takes effect upon enactment. EXPLANATION This bill relates to the control of marijuana. 4 Under the bill, all types of marijuana and 5 tetrahydrocannabinols are classified as schedule I controlled -- LSB 0DP (9) 84 jm/nh /
8 substances. The bill eliminates a provision classifying marijuana used for medicinal purposes, pursuant to rules of the board of pharmacy, as a schedule II controlled substance. The bill strikes references to the authority of the board to establish rules relating to the medicinal use of marijuana including tetrahydrocannabinols naturally contained in a cannabis plant. A schedule I controlled substance is a highly addictive substance that has no accepted medical use in the United States and a schedule II controlled substance is a highly addictive substance that has an accepted medical use in the United States. The penalties for possessing, manufacturing, delivering, or possessing with intent to deliver marijuana including tetrahydrocannabinols range from a serious misdemeanor to a 50-year class B felony depending on the amount of marijuana or tetrahydrocannabinols involved in the offense. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $5 but not more than $,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $65 but not more than $6,50. A class D felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class C felony is punishable by confinement for no more than 0 years and a fine of at least $,000 but not more than $0,000. A class B felony is normally punishable by confinement for no more than 5 years. A 50-year class B felony or sometimes referred to as a super B felony is punishable by confinement for no more than 50 years. The bill takes effect upon enactment. -- LSB 0DP (9) 84 jm/nh /
9 And you thought the purpose of the Controlled Substances Act was to protect the public health? Fooled you! 00 - Department of Public Health says marijuana is medicine 0 - House of Representatives says marijuana is not medicine Iowa Code Chapter 4 Controlled Substances Act
U.S. Food & Drug Administration
Carl Olsen From: Sent: To: Subject: Woolery, Dale [ODCP] Tuesday, January 0, 0 6:58 AM Carl Olsen RE: Pre-filed legislation Carl, In response to your question, please see the FDA
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