Petition for Declaratory Order: Rescheduling does not mean access!

Thank you to Carl Olsen and Iowans for Medical Marijuana for filing this petition! I cannot hammer this home enough. Hopefully this petition will lay this matter to rest once and for all.

There is no reason NOT to reschedule marijuana. That is what the CSA was set up for: flexibility as “new” (eye roll) science emerged in regards to substances scheduled within the act. Removing marijuana from schedule I will simply confirm what the Iowa Board of Pharmacy has already determined: marijuana has medicinal value. While logic leads one to conclude that this would naturally lead to a medical program being put in place, history shows that this is not the case. In every one of the first 15 states that have legalized medical marijuana, rescheduling has not played a part when discussing access for patients. Why should Iowa be any different?

So yet again, Iowa Patients for Medical Marijuana introduced our own bill for access, because rescheduling alone will not grant access for patients. Please, make sure we’re all on the same page when discussing this political issue. Rescheduling is separate from access, Iowa Legislature. Always has been, always will be.

This is just the beginning of the petition. The full petition can be found at:



Petition by Carl Olsen and others
for Declaratory Order explaining the
effect of marijuana rescheduling



This is a petition for a declaratory order clarifying the impact of the Iowa Board of Pharmacy’s February 17, 2010, recommendation that the Iowa Legislature remove marijuana from schedule I and reclassify it as a schedule II controlled substance here in Iowa, currently Senate Study Bill 1016. The clarification being requested in this petition is that reclassification of marijuana from schedule I to schedule II in Iowa will not have the effect of allowing a physician to issue a prescription for marijuana in Iowa.

657 Iowa Administrative Code § 27.1(1)

In the “EXPLANATION” of Senate Study Bill 1016 (PROPOSED DEPARTMENT OF PUBLIC HEALTH/BOARD OF PHARMACY BILL) the Legislative Services Agency has erroneously stated that the effect of reclassification of marijuana from a schedule I controlled substance to a schedule II controlled substance in Iowa will permit a physician to issue a prescription for marijuana. See Exhibit #1, Senate Study Bill 1016.



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