Current Events, Legal, Politics, Rescheduling

Iowa Medical Marijuana Lawsuit Update: Attorney General’s Office Files Motion to Dismiss

After a lawsuit was filed against the state of Iowa for failure to remove marijuana from Schedule I as a matter of law, Iowa Attorney General Tom Miller responded this last week by filing a Motion to Dismiss the lawsuit. Read the Motion to Dismiss here.

Bob Manke, one of the patients involved in this litigation, responded to the state’s motion:

“I know for a fact that I was able to come off morphine out in Oregon under a medical doctor’s care using cannabis. Iowa’s schedule status needs to reflect its own dignity and sovereignty by allowing the medical/science study to more properly begin. That marijuana is being equated with heroin is not only insane, it is forcing me to poison my liver and intestines with nothing but powerful opioids for pain relief.”

Here’s Bob Manke’s testimony from the Board of Pharmacy hearings in 2009:

Interesting excerpts from the State’s Motion to Dismiss:

“…16 states have authorized some use of marijuana for medical purposes,

34 states have not. Lawful use of marijuana for medical treatment is limited to a minority of states. Even where

medical marijuana use is permitted by state law,

persons engaged in manufacturing, distributing or possessing marijuana may face prosecution under federal law.”


“The Board’s recommendation did not serve to establish that marijuana has an accepted medical use for treatment in the United States, as a matter of law.”

“Petitioner acknowledges that Iowa Code chapter 124 is consistent with the Federal Uniform Controlled Substances Act, which states

“ultimate authority

for determining the appropriate person or agency [to administer the Act]

is vested in the enacting State.”

(Petition, p. 11) Issuance of a judicial order deciding that the legislature has incorrectly left marijuana on controlled substance schedule I would constitute a direct rebuke to the general assembly’s exercise of judgment; would indicate that the judiciary disagrees with a legislative choice.

Because the Iowa legislature is not legally obligated to alter the controlled substance schedules –
even if

the Board [of Pharmacy] and the Petitioner
disagree with the scheduling

a declaratory judgment by the court would do nothing to resolve a controversy.”

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