Iowa Medical Cannabidiol Law Makes the Substance Legal to Possess but Impossible to Obtain

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October 28, 2016
Denver, CO

As reported by Iowa Watchdog, in May, Governor Terry Branstad signed into law the Medical Cannabidiol Act. The law allows for residents of Iowa to possess small amounts of cannabidiol if a neurologist certifies that the non-psychoactive oil derived from marijuana plants is necessary for the treatment of a child with intractable epilepsy.

On Tuesday, the Administrative Rules Review Committee of the Iowa State Legislature gave final approval to the procedures by which the Iowa Department of Public Health will address the new law.

Beginning on January 30, 2015, after filing the appropriate paperwork and being approved by IDPH, a parent or primary caregiver of a child diagnosed with epilepsy will be able to receive a specific form of identification that will allow them to possess up to 32 ounces of cannabidiol.

They will not, however, be able to obtain the actual oil. In fact, cannabidiol will remain illegal to produce or sell in the state of Iowa. Moreover, in Colorado and Oregon, the states where the oil is legal, it is illegal to sell to nonresidents. Therefore, even if an approved resident from Iowa were able to buy the oil in one of the states where it is legal, transporting the substance across state lines remains a federal crime.

“That’s the reality of the situation,” Deborah Thompson, policy advisor for IDPH, told Iowa Watchdog. “There are still some very fundamental barriers to parents getting the oil.”

According to state Rep. Rob Taylor, R-West Des Moines:

Rob Taylor

“It was a very limited bill. All it did was give citizens of Iowa who possess and are registered with the state safe harbor under Iowa state law. Meaning we wouldn’t prosecute them if they have cannabidiol,” Taylor said.

When asked what purpose it served to create an approval process of a substance that Iowans will not be allowed to legally obtain, Taylor stated, “It’s one more tool in their toolbox for families dealing with a very, very disturbing disorder.”

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