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.