States should be using 21 U.S.C. § 822(d) (a waiver) to bring therapeutic use of cannabis into compliance with federal law.  In 2020, the legislature enacted a law that did not clearly identify the federal authority for granting a waiver.  See 2020 Iowa Acts ch. 1116, § 31.  The Attorney General hasn’t responded to the letter the department sent in 2021.  Since then, the department has been asking the legislature to create a legal task force to follow up with the Attorney General.  See 2024 Annual Report, Recommendation 8.

For an example of how broad the authority of the Attorney General is, the authority for religious use of controlled substances comes from 21 U.S.C. § 822(d).  See 21 C.F.R. § 1307.31 (religious use of peyote).  A state medical cannabis program is entitled to equal or greater protection under federal law.