indicabush
- 2,583
- 263
A legal challenge aimed at reclassifying marijuana in Iowa was shot down Wednesday by the state's appeals court, though the issue will be taken up again in a separate case that also seeks new guidance on the drug's use under state law.
The Iowa Court of Appeals said the Iowa Board of Pharmacy had proper authority to deny Carl Olsen's request in 2013 to reclassify marijuana as a controlled substance that has medical use.
The decision comes after the Iowa Legislature failed to pass legislation this session that would update the state's 2014 law on medical marijuana, which allows possession of cannabis oil. The court case is considered separate, though the legality of the drug under its current classification is tied to the debate over its accessibility to medical patients in Iowa.
Messages left for the board were not immediately returned Wednesday.
"The board should have the same interest that I do to get this solved and get this out of their hair so they don't have to keep dealing with it," said Olsen, a self-described activist for marijuana use. "I'm not going to let them off the hook."
The board makes recommendations to the Legislature on revisions to the classification of controlled substances, but it's up to lawmakers to enact policy. The appeals court determined Wednesday that the board was not required to make yearly recommendations.
The seven-member board recommended in 2010 that the Legislature remove marijuana from a classification known as Schedule I. The General Assembly took no action on the 2010 recommendation, and it has failed to pass related legislation in later sessions.
Olsen, 64, said the issue must be revisited more frequently amid changing perceptions around the country on marijuana, particularly its use by medical patients. Federal law still classifies marijuana as a Schedule I drug, though Olsen said it's critical to make movements on the state level before tackling federal policy.
Olsen said that the appeals ruling adds legal clarification to the issue and that he doesn't plan to appeal. He will focus instead on a separate legal challenge he filed against the pharmacy board that seeks to address more recent board activity relating to the classification issue. That case is pending in district court.
The Iowa Court of Appeals said the Iowa Board of Pharmacy had proper authority to deny Carl Olsen's request in 2013 to reclassify marijuana as a controlled substance that has medical use.
The decision comes after the Iowa Legislature failed to pass legislation this session that would update the state's 2014 law on medical marijuana, which allows possession of cannabis oil. The court case is considered separate, though the legality of the drug under its current classification is tied to the debate over its accessibility to medical patients in Iowa.
Messages left for the board were not immediately returned Wednesday.
"The board should have the same interest that I do to get this solved and get this out of their hair so they don't have to keep dealing with it," said Olsen, a self-described activist for marijuana use. "I'm not going to let them off the hook."
The board makes recommendations to the Legislature on revisions to the classification of controlled substances, but it's up to lawmakers to enact policy. The appeals court determined Wednesday that the board was not required to make yearly recommendations.
The seven-member board recommended in 2010 that the Legislature remove marijuana from a classification known as Schedule I. The General Assembly took no action on the 2010 recommendation, and it has failed to pass related legislation in later sessions.
Olsen, 64, said the issue must be revisited more frequently amid changing perceptions around the country on marijuana, particularly its use by medical patients. Federal law still classifies marijuana as a Schedule I drug, though Olsen said it's critical to make movements on the state level before tackling federal policy.
Olsen said that the appeals ruling adds legal clarification to the issue and that he doesn't plan to appeal. He will focus instead on a separate legal challenge he filed against the pharmacy board that seeks to address more recent board activity relating to the classification issue. That case is pending in district court.
