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Carl Olsen Wins in Court Again Against Iowa Board of Pharmacy; Trial Set for January 4th

From Carl Olsen’s blog:

Carl Olsen stands over the scientific evidence that was presented to the Board of Pharmacy in 2009. Despite the Board's unanimous ruling that cannabis does not belong in Schedule I, the Legislature refused to consider the Board's recommendation.

Carl Olsen stands over the scientific evidence that was presented to the Board of Pharmacy in 2009. Despite the Board’s unanimous ruling that cannabis does not belong in Schedule I, the Legislature refused to consider the Board’s recommendation.

Polk County Iowa Dis­trict Court Judge Scott Rosen­berg ruled against the Iowa Board of Pharmacy’s motion to dis­miss today in Carl Olsen v. Iowa Board of Phar­macy, No. CVCV045505. Rea­son­ing that fail­ure of the board to advise the leg­is­la­ture annu­ally, as required by Iowa law, was an ongo­ing injury capa­ble of rep­e­ti­tion, the court ruled there was an actual con­tro­versy between the par­ties. The judge also held that the enact­ment of med­ical mar­i­juana laws in 19 juris­dic­tions cre­ated a pub­lic inter­est that pre­vented dis­missal of the case before trial. Trial is sched­uled for Jan­u­ary 4, 2014, at the Polk County Cour­t­house.

This is good news; more importantly, the judge’s ruling acknowledges there is merit to Carl’s legal argument. From page five of the ruling denying the Board’s motion to dismiss:

In reviewing the Petition for Judicial Review, the Petitioner makes
allegations that the usage of marijuana has an accepted medical use in the United States and that
as of the date of the filing of the Petition 19 jurisdictions, 18 states and the District of Columbia,
have legally recognized that marijuana has accepted medical use and treatment of various
medical conditions. It would appear that on the face of the Petition, and applying the standards
as set out by the Iowa Supreme Court for the review of a motion to dismiss, that the issue has one
of public importance.

Full ruling can be seen here. I’ll be cohosting Carl’s Cannabis Corner tomorrow on the Time 4 Hemp network at 1 pm central time.

Follow WeedPress on Facebook for my take on the show. Carl’s featured guest is a doctor from California whose been fighting this cause for a long time. Looking forward to a great discussion!

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Discussion

2 thoughts on “Carl Olsen Wins in Court Again Against Iowa Board of Pharmacy; Trial Set for January 4th

  1. Reblogged this on Legalize Cannabis.

    Posted by greenerga | October 27, 2013, 11:46 am

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