3 Ways DEA Can Provide Exemptions For Schedule I Hemp Products Sales In Iowa Or Minnesota | 1996 Journal of Environmental Law & Litigation
Title: 3 Ways DEA Can Provide Exemptions For Schedule I Hemp Products Sales In Iowa Or Minnesota | 1996 Journal of Environmental Law & Litigation
Sourced From: weedpress.wordpress.com/2021/03/23/3-ways-dea-can-provide-exemptions-for-schedule-i-hemp-products-sales-in-iowa-or-minnesota-1996-journal-of-environmental-law-litigation/
Published Date: Tue, 23 Mar 2021 22:24:39 +0000
Iowa CBD and medical marijuana salespeople, take note.
Another colleague has this useful find from a random article from the Journal of Environmental Law & Litigation. Here’s a PDF:
Writes my colleague in an email this afternoon:
I found this section from a random 1996 law article in the Journal of
Environmental Law & Litigation instructive in that it articulates the 3
ways that the DEA can provide allowances for the use of marijuana/hemp
even if marijuana is kept in Schedule I federally. I haven’t seen this
laid out in such simple language in any other law journal articles I’ve
read. I’ve attached the article in case you want to reference it or read
the quote below in context.“Thus, to produce items from hemp fiber–which contains minimal amounts
of the controlled substance THC, even if not intended for use as a drug
or precursor, the DEA must grant a product exception, [120] exemption,
[121] or exclusion. [122][120] 21 C.F.R. § 1307.03 (1994) (“Any person may apply for an exception
to the application of any provision of parts 1301-1308,
1311, 1312, or 1316 of this chapter by filing a written request stating
the reasons for such exception.”) (emphasis added).[121] 21 C.F.R. § 1308.23(a) (1994):
The [DEA] Administrator may, by regulation, exempt from the application
of all or any part of the Act any chemical
preparation or mixture containing one or more controlled substances
listed in any schedule, which preparation or mixture is
intended for laboratory, industrial, educational, or special research
purposes and not for general administration to a human
being or other animal. (emphasis added).
For an exemption by regulation, the industrial hemp manufacturer must
show that the product “does not present any significant
potential for abuse.” 21 C.F.R. § 1308.23(a)(1), (2) (emphasis added).
Further, the manufacturer must show “that the narcotic
substance cannot be in practice removed” from the product. 21 C.F.R. §
1308.23(a)(2).[122] 21 C.F.R. § 1308.21(a) (exclusion applies to nonnarcotic
substances which may lawfully be sold over the counter without a
prescription under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §
301).”
hemp-as-an-alternative-to-wood-fiber-in-oregon-1Download
These exemptions are critical for activists trying to protect Iowa patients from high costs of inflated product. Products in Iowa have an effective tax rate of roughly 70% due to federal laws. Iowa salespeople have a responsibility to protect patients from these higher costs by following the legal exemptions as explained in this 25 year old law journal article.
See more on this effective and persuasive argument to protect Iowa cannabis patients:
Iowa Should Seek Federal Exemption For State Marijuana Laws
Iowa Should Seek Federal Exemption for State Marijuana Laws
Iowa Officials To Seek Federal Marijuana Exemption From DEA
Minnesota Bill Requiring Minnesota’s Medical Marijuana Program Be Exempted From Federal Law ADVANCES
Let’s get this done for the right reasons. Follow WeedPress on Facebook for more updates in our 12 year effort to apply for federal exemptions to state medical marijuana laws. We’re winning at this, and so can you. Do the work!
“No army – not even Big Tech partnered with Big Government – can stop an idea whose time has come. And Liberty is that idea.”
— Ron Paul
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