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.