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.
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.
The Iowa Board of Pharmacy (Nov. 6 hearings). My new petition and request, and victory on Oct. 23.
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.
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.
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
stevenjenison at windstream dot net