Monthly Archives: November 2013

Carl’s Cannabis Corner – November 24, 2013

Today’s show is about the Iowa Board of Pharmacy’s recalcitrance to obey Iowa law.

Just in time for today’s show, I received the following rulings in the mail yesterday.

Ruling on Petition – November 21, 2013

Ruling on Request – November 21, 2013

If you’ll notice, the case revolves around the board’s interpretation of this sentence in Iowa Code 124.203(2):

If the board finds that any substance included in schedule I does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.

The way I read it, is like this:

If the board finds that any substance included in schedule I does not meet these criteria, the board shall recommend that the general assembly place the substance: (1) in a different schedule; or (2) remove the substance from the list of controlled substances, as appropriate.

I do not read “as appropriate” to negate the word “shall” in this sentence as the board is trying to do.  I read it as discretion to pick one of the two options.

Carl’s Cannabis Corner – November 17, 2013

  1. Lobbying (comments about the ISU NORML meeting on November 10).
  2. Caucus to Convention (comments about the ISU NORML meeting on November 10).
  3. Kevin Sabet was here last Thursday (we could talk about Michigan SB 660 here). Kevin says schedule II will not allow a prescription. SB 660 passed by 22 to 16 on Nov. 13 – sent to House Committee on the Judiciary.
  4. The Iowa Board of Pharmacy (Nov. 6 hearings). My new petition and request, and victory on Oct. 23.
  5. The Iowa District Court (Oct. 23 win, Jan. 3 trial).
  6. City of Oakland v. Holder, No.13-15391 (Ninth Circuit)
    Opening Brief (7/8/2013)
    Answering Brief (9/6/2013)
    Motion to Expedite (9/11/2013)
    Resistance to Motion (9/12/2013)
    Order – Motion Denied (9/16/2013)
    Motion to Reconsider (9/20/2013)
    Resistance to Motion (9/23/2013)
    Reply to Resistance (9/26/2013)
    Order – Motion Denied (10/2/2013)
    Reply Brief (10/21/2013)
  7. Sacramento Non Profit v. Holder, Nos. 12-15991, 12-16710, 12-55775 (Ninth Circuit)
    Notice of Oral Argument on Monday, January 13, 2014 – 9:00 AM – Courtroom 2, 3rd Floor – James R. Browning US Courthouse – San Francisco, CA.

Carl’s Cannabis Corner – November 10, 2013

My guest this week is Benton Mackenzie from Eldridge, Iowa. Benton was arrested for growing cannabis to make cannabis oil to treat his cancer. On Wednesday, November 6, he filed a petition with the Iowa Board of Pharmacy requesting permission to use marijuana for medical use in Iowa and the board denied his request. I was at the hearing and made an audio recording. The petition Benton filed asked for a waiver under Chapter 657 of the Iowa Administrative Code § 10.37. Benton’s petition also asked for a revision of the controlled substance schedules under 657 I.A.C. § 10.22, Schedule II emergency prescriptions. The board said they do not have any rules allowing medical use of marijuana, although they did admit they could make some rules. So, Benton could petition the board to make some rules, but it’s difficult to predict what the board would do with it.

Benton Mackenzie’s Facebook Page

Click here for a copy of Ben’s request

Click here for a copy of 657 I.A.C. § 10

Click here for a copy of Iowa Code Chapter 124.204

Click here for a copy of Iowa Code Chapter 124.206

Audio recording of M D Wolfgram

Audio recording of Benton Mackenzie

Carl’s Cannabis Corner – November 3, 2013

My Guest today live at 1:00 PM Central Time:

Dr. Steven A. Jenison, M.D.
Director of the New Mexico Medical Cannabis Program (2007-2010)
Chair of the Advisory Committee to the New Mexico Medical Cannabis Program (2010-2013)
P.O. Box 482
Dixon, NM 87527-0482
(505) 579-9679
stevenjenison at windstream dot net
http://www.talondegato.com/
Skype: steve_jenison

http://www.time4hemp.com/