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.
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!