Iowa Senate OKs medical marijuana, but likely dead in House

The Iowa Senate voted Wednesday to pass a bill that would legalize medical marijuana for ailing Iowans, although the proposal faces strong resistance in the Republican-controlled House.

"Sick and suffering Iowans are asking for our help," said Sen. Joe Bolkcom, D-Iowa City, the bill's floor manager. He said the proposal would create a safe, legal, affordable, effective and highly regulated way for Iowans and their families to access medicines made from cannabis.

Senate File 484 would allow Iowans with a range of health problems to obtain medical marijuana. Those conditions could include cancer, multiple sclerosis, Crohn's disease, post-traumatic stress disorder and other chronic and debilitating ailments. The bill would allow up to four producers to grow marijuana in Iowa with oversight from state officials. It would also allow independent dispensaries to sell the drug.

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The legislation was approved 26-19 with five lawmakers excused from voting. All Democrats present voted yes except for Sen. Tod Bowman of Maquoketa, who voted no. All Republicans present voted no except for Sen. Brad Zaun of Urbandale, who voted yes. The 26 yes votes represented the minimum required for a bill to be passed under the Iowa Constitution.

Sen. Charles Schneider, R-West Des Moines, voted against bill. He said he agrees that medical marijuana has medicinal value, but he is concerned that whatever type of state program is implemented, patients who would avail themselves to medical marijuana would still be violating federal law. Although federal policy doesn't currently enforce that law, the policy could change, which would nullify state laws regarding medical marijuana, he added.

"At the end of the day we need federal involvement to make sure that we are truly treating marijuana as medicine," Schneider said. This includes federal assurances for consumer protection and quality control, and more scientific research on the effectiveness of medical marijuana and how it interacts with other drugs, he said.

Bolkcom said the Iowa Senate is dealing with the issue because "Washington, D.C., is broken." He said the simple truth is that Iowa's elected leaders are the only people who can help many sick Iowans. He told of Kim Novy of Altoona, the mother of twin daughters, Lauren and Lindsey, who have intractable epilepsy; and Katie Krug of Grimes, a 32-year-old wife and mother of two children who has ulcerative colitis, a chronic disease in which the lining of her colon becomes inflamed and develops ulcers. Both situations involve people who could benefit from medical cannabis, he said.

MORE: Ailing Iowans urge legalization of medical marijuana

The bill now heads to the Iowa House, where House Speaker Kraig Paulsen, R-Hiawatha, has repeatedly said he has no plans to consider approving medical marijuana this session. An aide to Paulsen said after the Senate vote that the speaker's position has not changed. Iowa House Majority Leader Linda Upmeyer, R-Clear Lake, who is a cardiology nurse practitioner, has said any decision on legalizing medical marijuana should be determined by the federal Food and Drug Administration, not state lawmakers.

About 75 supporters of medical marijuana, many with serious illnesses, rallied at the Iowa Capitol last week in support of legalizing the drug. Gov. Terry Branstad, a Republican, signed legislation last year that decriminalizes the use of marijuana oil for children suffering from severe epileptic seizures. But Branstad has said he is concerned about "unintended consequences" of legalizing medical marijuana and has opposed legislation broadening last year's law.

Branstad spokesman Jimmy Centers said after the Senate vote that the governor empathizes with individuals and families suffering from various medical ailments. But he added that Branstad believes the state ought to proceed with caution when considering medical marijuana given the FDA hasn't approved it and problems that have occurred in other states that have legalized the drug.

EDITORIAL: It's the federal government's responsibility to legalize drugs

"Should a bill allowing the use of medical marijuana pass both chambers of the Legislature, the governor will carefully review the legislation before taking final action," Centers said.

Sen. Schneider proposed striking all the language in Bolkcom's bill and replacing it with legislation that simply reclassified medical marijuana from a Class I drug - which has no medical use - to a Class II drug, which has an accepted medical use in treatment. Schneider said the amendment would at least show some progress was made on the issue, based on a certain House rejection of Bolkcom's bill. But Bolkcom opposed the amendment on grounds it would delay action to legalize medical marijuana for at least another year.

Schneider's amendment was defeated, but the Senate later adopted a separate amendment by Sen. Steve Sodders, D-State Center, that kept Bolkcom's bill intact while reclassifying medical marijuana as a Class II drug.

The Food and Drug Administration has not approved marijuana as a safe and effective drug, although many states permit medical use of the drug. The agency has, however, approved one drug containing a synthetic version of a substance that is present in the marijuana plant and another drug containing a synthetic substance that acts similarly to compounds from marijuana but is not present in marijuana.

Bolkcom told his colleagues the Iowa Senate bill brings together the best practices of 23 states that operate and manage successful medical cannabis programs. Compared to the current drug prescription system, the legislation creates a much more stringent system for legal purchases, possession, and use of medicines made from cannabis, he said.

"Is medical cannabis effective in treating specific diseases and chronic conditions? Yes, it is," Bolkcom said. "Cannabis has been more widely tested over a longer period of time than many other medicines. There have been dozens of science-based clinical trials on the effectiveness of cannabis to treat specific diseases and chronic conditions."

Bolkcom noted that in 2010 the University of Iowa College of Pharmacy was asked by the Iowa Board of Pharmacy to review all of the science and studies available at that time. The review concluded that medical cannabis is effective in treating the disease and chronic conditions, he said.

Sen. Mark Chelgren, R-Ottumwa, voted against the bill, accusing Senate Democrats of promoting a political agenda. He said he was troubled that medical marijuana has not been approved for use by the federal Food and Drug Administration.

"What I didn't see in this bill anywhere is, "Where is the liability? "If somebody has a bad batch, how are they going to have that rectified in the courts?" Chelgren asked. He said he doubts that major medical companies - which would have sufficient financial resources to assume legal liability for problems - will produce medical marijuana.

Sen. Matt McCoy, D-Des Moines, rejected Republicans' claims that the legislation was politically motivated. He said he saluted the courage of ailing Iowans and their families who have lobbied lawmakers at the Capitol the past two years, adding that the Senate's approval "will move the ball over the 50-yard line."

Sen. William Dotzler, D-Waterloo, agreed with McCoy, saying, "I care about these people and I have spent time with them and I have heard about their illnesses and what they are facing. We need to listen to them. They don't understand why we won't help them. This bill would do that."

ACTIVIST GROUP APPLAUDS SENATE VOTE

URGES HOUSE ACTION: A coalition known as Iowans 4 Medical Cannabis issued a statement praising the Iowa Senate's vote Wednesday in support of legalizing medical marijuana and urging the Iowa House to approve the legislation.

STATEMENT: "We thank the Iowa Senate for demonstrating great courage and leadership on this important issue by passing this bill," said Sally Gaer of West Des Moines, a spokeswoman for the group. "We are encouraged by the public support we have garnered for this common sense legislation. This bill is critically important to my daughter's life and the health of thousands of other Iowans. We call upon the members of the Iowa House and the House Leadership to open their minds and hearts and have the courage to pass this. The Iowa Legislature has the authority to give Iowans the help they so desperately need."