State Legislation

Drug czars waiting to see science on medical marijuana - Nov. 2, 2009

Carl Olsen — Sun, 08 Nov 2009 16:45:05 GMT

Both the national and state drug czars came out this past week in favor of science over politics in the Iowa debate on the legalization of marijuana for medical use. The national drug czar was in Iowa to attend the release of Iowa's Drug Control Strategy 2010

National drug czar, Gil Kerlikowski, said last week that Iowa medical marijuana policy should be decided by science, not votes. He said the medical marijuana program in his home state of Washington was not a significant problem for law enforcement authorities.

On November 1, 2009, Iowa drug Czar, Gary Kendell, released Iowa's Drug Control Strategy 2010, which says Iowa is waiting for the "concensus of medical evidence." See page 8. The Iowa Board of Pharmacy is currently reviewing that medical evidence and will issue it's report to the Iowa Legislature sometime in early January of 2010.

For news media reports on this and related issues, see:

Radio Iowa

http://www.radioiowa.com/2009/11/03/u-s-drug-czar-stays-out-of-iowa-marijuana-debate/

U.S. Drug Czar stays out of Iowa marijuana debate

KCCI-TV, Des Moines, IA

Federal Drug Czar Stops In Iowa

http://www.kcci.com/video/21502688/

WHO-TV, Des Moines, IA

Drug Treatment Cuts

Des Moines Register - August 20, 2009

Carl Olsen — Thu, 20 Aug 2009 23:57:55 GMT

http://www.desmoinesregister.com/article/20090820/NEWS10/908200365/1007/NEWS05

Board hears stances on medical marijuana

Board hears stances on medical marijuana (scan)

Peer-Reviewed Studies on Marijuana

Carl Olsen — Mon, 15 Jun 2009 14:22:07 GMT

This looks like a useful site:

Peer-Reviewed Studies on Marijuana

More thoughts on Iowa Pharmacy Board Hearing

Carl Olsen — Sat, 30 May 2009 13:50:43 GMT

The public hearing on June 1 was not announced. I’m the petitioner, and they didn’t even bother to notify me. I just happened to look at their web site on Friday, May 29 and noticed it by accident.

I don’t know why they are holding a public hearing. The judge's order told them to rule on my petition. It’s a legal question, so I’m not sure what public opinion has to do with it.

I called and they said it was okay for me to attend the public hearing on my petition, so I’ll be there. Several patients will be there. I think the ACLU of Iowa will be there.

It will be interesting to see who they invited. There’s nothing else on the agenda that afternoon, so they are giving it quite a lot of time.

Here's a conspiracy theory.

Senator Joe Bolkcom is working on medical marijuana legislation here in Iowa, SF 293.

In March, the Board of Pharmacy sent SF 293 to the Iowa Pharmacy Association for review. See page 3 of the March 13, 2009, minutes of the Board of Pharmacy.

Something tells me the Iowa Pharmacy Association will be the ones who got an invitation to Monday’s public hearing while the rest of us just have to watch their web site (so they can say it was publicly announced).

I don’t predict the outcome will be any different, but the Board just seems to have a strange way of operating.

Isn’t the Board supposed to be protecting the citizens from the pharmaceutical industry?

Isn’t that why we have regulations?

Board of Pharmacy to hold Public Hearing on June 1

Carl Olsen — Fri, 29 May 2009 13:57:31 GMT

The Iowa Board of Pharmacy will be holding an open (public) meeting on the medical marijuana ruling from the Iowa District Court on Monday, June 1, 2009, at 2:00 p.m. The Board denied my petition because I did not submit scientific evidence that marijuana has no high potential for abuse. The Iowa District Court ruled that scientic evidence was not relevant to my claim that marijuana has accepted medical use in treatment in the United States. The Iowa Board of Pharmacy must decide whether marijuana has accepted medical use in treatment in the United States. The Iowa District Court ruled that the evidence I submitted, 13 state medical marijuana laws, was sufficient evidence for the Board to make a decision on the question I asked them to decide.

Iowa Medical Marijuana Court Ruling

Carl Olsen — Fri, 24 Apr 2009 14:04:58 GMT

McMahon v. Board of Pharmacy, No. CV 7415, Iowa District Court in and for Polk County.

Polk County, Iowa, District Court Judge Joel D. Novak issued his ruling on April 21, 2009. I'm still thinking about the ruling, but it appears the judge is saying the Board of Pharmacy did not rebut any of the evidence I submitted and dismissed my case by relying on an unlawful interpretation of the Iowa Controlled Substance Act.

The judge ordered the Board of Pharmacy to give me another hearing and to address the evidence I submitted this time.

Iowa Medical Marijuana Court Hearing

Carl Olsen — Fri, 27 Mar 2009 20:50:38 GMT

McMahon v. Board of Pharmacy, No. CV 7415, Iowa District Court in and for Polk County.

The ACLU, the Board of Phamacy, and me, had our hearing this morning at 10:00 a.m. in Polk County, Iowa, District Court in front of Judge Joel D. Novak. The Board of Pharmacy had no objection to any of my motions, so all three of my motions were granted: (1) my Motion to Intervene; (2) my Motion to supplement the record with a copy of DEA Judge Young's 1988 ruling in the federal medical marijuana rescheduling case; and (3) my Motion to supplement the record with the Memorandum of Law I filed with the Board in May of 2008.

The argument centered around an 8-factor test the Board uses to determine potential for abuse. Since marijuana is in both Schedule I and Schedule II in Iowa, and since both schedules have the exact same potential for abuse, the ACLU and me argued that potential for abuse was not relevant to the question of removing marijuana from Schedule I. The only relevant evidence to removing marijuana from Schedule I is whether it has accepted medical use in treatment in the United States. We argued that 13 state medical marijuana statutes prove marijuana does have accepted medical use in treatment in the United States.

Judge Novak appeared to understand the issues and took the case under advisement. Stay tuned.

Recent activity in state and federal courts

Carl Olsen — Tue, 17 Mar 2009 13:14:37 GMT

My how time flies when you are having fun. Time just keeps on slipping away.

I've been busy preparing legal briefs in two of my cases regarding the unlawful scheduling of marijuana in the state and federal controlled substances acts.

I filed my Petition for Review of the Drug Enforcement Administration's refusal to remove marijuana from Schedule I in the U.S. Court of Appeals for the Eighth Circuit on March 2, 2009, and the response from the Drug Enforcement Administration is due on March 30, 2009.

My state marijuana scheduling case took an interesting twist when the Iowa Board of Pharmacy claimed in its Respondent's Brief that I did not address the scheduling criteria or submit any evidence. I don't know if the Board of Pharmacy threw it away, but I have certified mail receipts showing they received my legal arguments and evidence. I filed a Motion to add my Memorandum of Law to the record on review, and I filed another Motion to add my Exhibit to the record on review. I filed my Reply Brief on March 16, 2009.

A hearing in my state case has been scheduled for March 27, 2009

Medical Marijuana Letters to 13 State Attorneys General

Carl Olsen — Sat, 20 Dec 2008 18:11:47 GMT

On December 12, 2008 I mailed certified letters to each of the Attorneys General for the 13 states that accept the medical use of marijuana, asking them why they have not contacted the United States Drug Enforcement Adminsitration about removal of marijuana from schedule I of the federal Controlled Substances Act. Links to those letters are listed below:

All of those letters have been received:

AK
7007 1490 0002 0045 9699
Delivered, December 19, 2008, 7:49 am, JUNEAU, AK 99811
Arrival at Unit, December 19, 2008, 5:44 am, JUNEAU, AK 99803
Acceptance, December 13, 2008, 9:33 am, DES MOINES, IA 50317

CA
7007 1490 0002 0045 9682
Delivered, December 18, 2008, 9:59 am, SACRAMENTO, CA 95815
Arrival at Pick-Up-Point, December 18, 2008, 9:38 am, SACRAMENTO, CA 95814
Arrival at Unit, December 18, 2008, 9:14 am, SACRAMENTO, CA 95813
Acceptance, December 13, 2008, 9:33 am, DES MOINES, IA 50317

CO
7007 1490 0002 0045 9675
Delivered, December 17, 2008, 11:07 am, DENVER, CO 80203
Arrival at Unit, December 17, 2008, 9:02 am, DENVER, CO 80218
Acceptance, December 13, 2008, 9:32 am, DES MOINES, IA 50317

HI
7007 1490 0002 0045 9668
Delivered, December 19, 2008, 8:49 am, HONOLULU, HI 96813
Acceptance, December 13, 2008, 9:31 am, DES MOINES, IA 50317

ME
7007 1490 0002 0045 9651
Delivered, December 16, 2008, 8:49 am, AUGUSTA, ME 04333
Arrival at Unit, December 16, 2008, 7:14 am, AUGUSTA, ME 04330
Acceptance, December 13, 2008, 9:31 am, DES MOINES, IA 50317

MI
7007 1490 0002 0045 9644
Delivered, December 16, 2008, 9:21 am, LANSING, MI 48909
Arrival at Unit, December 16, 2008, 6:49 am, LANSING, MI 48924
Acceptance, December 13, 2008, 9:30 am, DES MOINES, IA 50317

MT
7007 1490 0002 0045 9637
Delivered, December 19, 2008, 5:57 am, HELENA, MT 59601
Arrival at Unit, December 19, 2008, 5:20 am, HELENA, MT 59601
Acceptance, December 13, 2008, 9:29 am, DES MOINES, IA 50317

NV
7007 1490 0002 0045 9613
Delivered, December 17, 2008, 9:58 am, CARSON CITY, NV 89701
Acceptance, December 13, 2008, 9:28 am, DES MOINES, IA 50317

NM
7007 1490 0002 0045 9620
Delivered, December 18, 2008, 8:36 am, SANTA FE, NM 87504
Arrival at Unit, December 18, 2008, 6:54 am, SANTA FE, NM 87501
Acceptance, December 13, 2008, 9:28 am, DES MOINES, IA 50317

OR
7007 1490 0002 0045 9606
Delivered, December 18, 2008, 10:39 am, SALEM, OR 97301
Acceptance, December 13, 2008, 9:27 am, DES MOINES, IA 50317

RI
7007 1490 0002 0045 9590
Delivered, December 17, 2008, 9:25 am, PROVIDENCE, RI 02903
Arrival at Unit, December 17, 2008, 7:08 am, PROVIDENCE, RI 02903
Acceptance, December 13, 2008, 9:26 am, DES MOINES, IA 50317

VT
7007 1490 0002 0045 9583
Delivered, December 16, 2008, 11:33 am, MONTPELIER, VT 05609
Arrival at Unit, December 16, 2008, 11:04 am, MONTPELIER, VT 05602
Acceptance, December 13, 2008, 9:26 am, DES MOINES, IA 50317

WA
7007 1490 0002 0045 9576
Delivered, December 18, 2008, 7:18 am, OLYMPIA, WA 98504
Arrival at Unit, December 18, 2008, 6:49 am, OLYMPIA, WA 98501
Acceptance, December 13, 2008, 9:25 am, DES MOINES, IA 50317

George McMahon v. Board of Pharmacy

Carl Olsen — Tue, 18 Nov 2008 15:49:44 GMT

The State of Iowa has responded to the ACLU of Iowa's Civil Complaint regarding Iowa's drug law which claims that marijuana has no accepted medical use in treatment in the United States. I have filed a Motion to Intervene. For further information on this case, please see my web site at http://www.iowamedicalmarijuana.org/petitions/iowa.aspx

State Legislation

Drug czars waiting to see science on medical marijuana - Nov. 2, 2009

Des Moines Register - August 20, 2009

Peer-Reviewed Studies on Marijuana

More thoughts on Iowa Pharmacy Board Hearing

Here's a conspiracy theory.

Board of Pharmacy to hold Public Hearing on June 1

Iowa Medical Marijuana Court Ruling

Iowa Medical Marijuana Court Hearing

Recent activity in state and federal courts

Medical Marijuana Letters to 13 State Attorneys General

December 12, 2008 - Letter to the Attorney General of Alaska

December 12, 2008 - Letter to the Attorney General of California

December 12, 2008 - Letter to the Attorney General of Colorado

December 12, 2008 - Letter to the Attorney General of Hawaii

December 12, 2008 - Letter to the Attorney General of Maine

December 12, 2008 - Letter to the Attorney General of Michigan

December 12, 2008 - Letter to the Attorney General of Montana

December 12, 2008 - Letter to the Attorney General of Nevada

December 12, 2008 - Letter to the Attorney General of New Mexico

December 12, 2008 - Letter to the Attorney General of Oregon

December 12, 2008 - Letter to the Attorney General of Rhode Island

December 12, 2008 - Letter to the Attorney General of Vermont

December 12, 2008 - Letter to the Attorney General of Washington

George McMahon v. Board of Pharmacy