Iowans for Medical Marijuana

# re: Board says it is just an arm of the federal government

Technicalities in language and protocol are always employed to rectify the status quo. People and their institutions resist change; it's easy as that. But keeping
the debate open will keep the topic fresh in people's minds. Keep that in mind if you want to change a mind. Stay in the fray!

# re: Board says it is just an arm of the federal government

Excellent response Carl. Let's BREAK that arm for them since, as you say, they are only an extension of the Federal Government and not a servant for the people of Iowa. Paperback makes a very good point also, but after so much talk it is just empty words. I hope all the pro marijuana Iowa citizens realize what an asset we have in you Rev Carl. If MMJ is ever legalized in Iowa it will be because of all the good, hard work you have done not to mention your expenses. Peace...Later...

# re: Board says it is just an arm of the federal government

They claimed they were following federal regulations, but Iowa classifies marijuana in both Schedule I and Schedule II. Federal regulations do not classify marijuana in two schedules, so they really did not follow federal regulations. They would have to move marijuana out of Schedule II to be following federal regulations, so they are being inconsistent in their logic. I think it's time to take them to court.

# re: Board says it is just an arm of the federal government

Defintely, take them to court as many times as it takes. Pardon my ignorance Carl, but as you said in a previous email, "...but for the state to argue it doesn't have the authority when the law, both state and federal, clearly states that it does is pathetic." I agree, however here's where I show my ignorance, isn't it properly put that Iowa's Pharmacy Board is in violation of State Law rather than just pathetic? Given the fact that federal law trumps state law that doesn't excuse any state from following state law, does it? I mean when a person gets busted for marijuana in Iowa they are serving state time not federal, correct? Also, in Iowa, isn't one's first offense for possession, not growing, of marijuana a misdemeanor, no matter how much they get caught with? Plus what prevents a citizen of Iowa, busted for possession of marijuana, from sueing the state pharmacy board for not following state law, or better put, sue them to achieve the same goal your going after, i.e. the rescheduling of marijuana? I seem to remember you said, "If anyone gets arrested for possession they should bring up the fact that marijuana is in both schedule I and II." Why did Iowa put it in schedule II in the first place? Especially since they have no intent on treating marijuana as a schedule II drug considering it is in schedule I federally speaking? The fact that marijuana is in both schedule I and II would give the defendant a good legal standing, right? Like the AG encourged you to continue the fight because you stand on solid legal ground and have a good chance of winning your case. I'm guessing your response would be something like this, "No one has the power to sue the state or the pharmacy board because federal law trumps state law. Am I close? If so why do states even have the right to determine "Accepted Medical Use" of any drug if the feds can and do deny the states these rights? Forgive me for all these questions but I am a frustrated and ill person just seeking Life, Liberty and the Pursuit of Happiness. I guess where I went wrong was moving back to Iowa after living in N.Y.C. for 12 years. I should have moved to California or Oregon. Thanks for helping me understand. Peace...

# re: Board says it is just an arm of the federal government

Wow, I really have no idea what you are saying. The Board denied my petition, but I need to see a written ruling with some reasons for the denial before I know how to respond. What law do you think they broke? The law says marijuana is in Schedule I if the Board says it has no medical use and Schedule II if the Board says it does have accepted medical use. The Supreme Court of Iowa says that's okay with the Supreme Court. I'm saying it’s a violation of due process because the definition of Schedule I is no accepted medical use and the definition of Schedule II is accepted medical use. Obviously, the way that law was written, it never could have been intended that the Board would have the ability to recommend that marijuana be placed in both schedules. The Iowa Legislature put it in both Schedules, but it's the duty of the Board to recommend the correct scheduling. It's also the duty of the courts to tell both the Board and the Iowa Legislature that they cannot pass a law that says something is something except when it isn't. Federal law doesn't have anything in both Schedule I and Schedule II because any medical use automatically removes it from Schedule I by definition. Iowa law is written the same way. The duty of the Board is to recommend Schedule I or Schedule II, not both. Simply saying it's the Iowa Legislature's fault for putting it in both schedules does not relieve them of their duty to recommend the correct schedule. The Iowa Legislature is perfectly free to reject any recommendation from the Board, so the Board is not telling the Iowa Legislature what to do. The Board simply recommends.

The other point is that the Board is not free to say marijuana has no accepted medical use in the 12 states that say it does have accepted medical use. Iowa can only say whether it has accepted medical use in Iowa. The Board thinks it can do what the DEA is doing and tell the other states what they can and cannot do, but the federal drug law does not allow that. The federal regulations cannot conflict with federal statutory law and they do conflict with federal statutory law right now. Federal statutory law says the states determine accepted medical use, not the federal government. So, when the states say there is accepted medical use of marijuana, the DEA cannot simply refuse to accept that fact. Marijuana no longer fits the definition of federal Schedule I and it's highly unlikely that the DEA could legally put marijuana in both federal Schedule I and federal Schedule II. The DEA is stupid. The DEA knows it is violating federal law and it's doing it on purpose. After all, what penalty are they facing? What's is the penalty for incorrectly scheduling a controlled substance?

You've lost me as to where you are going with this.

# re: Board says it is just an arm of the federal government

I keep saying the Board should recommend one schedule or the other, but it can also recommend that marijuana be removed from the schedules completely, or placed in Schedule III, IV, or V. The only thing the Board cannot do is recommend something be placed in two schedules so they can determine what schedule it is in whenever they feel like making an administrative rule. Why not just let them do that for everything in the state controlled susbtances act? Why is it that only marijuana is treated this way?

# re: Board says it is just an arm of the federal government

Or, why isn't cocaine in Schedule I when it's not being used for medical purposes? Duh!