Update on the Iowa Board of Pharmacy

The Iowa Board of Pharmacy has our two new petitions on the agenda for next week. The board also has something called a legal update, that could include our case against the Iowa Board of Pharmacy in Iowa District Court.

Here’s what you need to know about the Iowa Board of Pharmacy.

1. The board has a duty to advise the legislature on classification of controlled substances annually. Iowa Code § 124.201(1)
2. The board has a duty to recommend a change to the classification of any controlled substance that doesn’t belong in a category. Iowa Code § 124.203(2)

Because the board found that marijuana is in the wrong category in 2010, and because marijuana remains in the wrong category in 2013, the board still has a duty to recommend the change annually until the legislature says they don’t have to do it any more.

Obviously, the board would like to jump ship now because this matter is annoying to them.

So, we understand why the board is going to oppose us, but we have the law on our side.

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One Response to Update on the Iowa Board of Pharmacy

  1. Carl Olsen says:

    I’ve been busy working on my Petition for Writ of Certiorari (I mailed it by overnight mail to the U.S. Supreme Court yesterday) and haven’t taken the time to update this post. The pharmacy board’s attorney told the board the court has not yet ruled on their motion to dismiss, so the board voted to table both of our petitions pending the outcome of the court’s ruling. Our trial brief is due on Friday, so the judge doesn’t appear to be in any hurry to rule on their motion to dismiss. Trial is scheduled for 12/13/2013 at 09:00 AM at the Polk County Courthouse, 500 Mulberry Street, Court Room 404, Des Moines IA 50309.

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