Iowa District Court rules against Iowa Board of Pharmacy

Polk Coun­ty Iowa Dis­trict Court Judge Scott Rosen­berg ruled against the Iowa Board of Phar­ma­cy’s motion to dis­miss today in Carl Olsen v. Iowa Board of Phar­ma­cy, No. CVCV045505.  Rea­son­ing that fail­ure of the board to advise the leg­is­la­ture annu­al­ly, as required by Iowa law, was an ongo­ing injury capa­ble of rep­e­ti­tion, the court ruled there was an actu­al con­tro­ver­sy between the par­ties.  The judge also held that the enact­ment of med­ical mar­i­jua­na laws in 19 juris­dic­tions cre­at­ed a pub­lic inter­est that pre­vent­ed dis­missal of the case before tri­al.  Tri­al is sched­uled for Jan­u­ary 4, 2014, at the Polk Coun­ty Cour­t­house.  A copy of the court’s rul­ing can be found by click­ing on this link.