This June, Carl Olsen filed a lawsuit against the State of Iowa for failure to remove cannabis from Schedule I. Read the lawsuit here.
After asking for an extra 30 days to reply to the lawsuit’s constitutional allegations against the State of Iowa, the Iowa Attorney General’s Office filed a motion to dismiss the case. Read the state’s motion to dismiss the lawsuit here.
Today, petitioner Carl Olsen responded to the state’s motion to resist. In his brief today, Olsen shot down the State’s feeble attempt to dismiss a legal question that has been a long time coming: Does cannabis have “accepted medical use,” “in the United States?”
In 1971, the Iowa Legislature placed marijuana in Schedule I, a Schedule that says that marijuana has “no accepted medical use.” Olsen is arguing that the Full Faith and Credit Clause of the United States Constitution requires Iowa to acknowledge that cannabis is misclassified in Schedule I, as the requirement of “accepted medical use” that the Legislature set in 1971 has been met, “in the United States.” Citing the 16 state medical marijuana laws (and D.C.), Olsen argues that 16 state laws (and the District of Columbia) requires the state of Iowa to remove marijuana from the Controlled Substance Act, “because controlling facts have changed significantly since 1971.”
If Olsen has his way, cannabis will be completely removed from the Controlled Substances Act. Read today’s filing here.
Scott Imler, one of the original authors of Proposition 215, had this to say recently about this case:
“[Prop 215] was not designed as an end all or be all for everything “green and kind”. It was designed to protect patients and their family who were using or obtaining (growing, buying, being given, etc) marijuana for their own personal medical use or that of a family member/ friend/caregivee). It was not designed to authorize commercial operations or spawn and industry. It was designed to provide and affirmative defense in court.
Jason. Carl’s filing is a brilliant piece of work – as usual. He has been at the struggle in Iowa as long if not longer than anyone anywhere. IMO, he is grossly under-appreciated and he seems to have outdone himself this time.”
Olsen’s legal argument seeks to accomplish what the legal medical marijuana states have failed to accomplish: a Constitutional right to cannabis at the federal level. Currently, cannabis is still in Schedule I at the Federal level, despite overwhelming evidence that this is an inaccurate classification.
Here’s one of my favorite excerpts from Olsen’s brief today:
“Although the Legislature does not have to listen to the Iowa Board of Pharmacy’s expert medical opinion, law controls, not science. The Respondent can ignore the science, but not the law. The law requires that marijuana be removed from schedule I, even if the Board had found that marijuana had no medical efficacy whatsoever.”
The Iowa Legislature made this law back in 1971; it’s time the law was followed. This case has huge potential for Iowa’s medical marijuana efforts. Follow WeedPress on Facebook for updates on this important case.