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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