Pubdate: Sat, 25 Apr 2009
Source: Des Moines Register (IA)
Copyright: 2009 The Des Moines Register.
Contact: http://DesMoinesRegister.com/help/letter.html
Website: http://desmoinesregister.com
Details: http://www.mapinc.org/media/123
Author: Chase Davis
Cited: Iowa Board of Pharmacy http://www.state.ia.us/ibpe/
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

JUDGE ASKS BOARD IF MARIJUANA HAS SAFE MEDICAL USES

A Polk County judge has ruled that the Iowa Board of Pharmacy must 
examine whether marijuana has an accepted medical use - a decision 
some said could thaw the debate on its use for medical purposes in Iowa.

The ruling Thursday by District Judge Joel Novak does not legalize 
medical marijuana in Iowa. Instead, it requires the pharmacy board to 
consider whether marijuana is properly classified as a Schedule I 
controlled substance under state law.

"What this does is it forces the board to address medical marijuana," 
said Randall Wilson, the attorney who handled the case for the 
American Civil Liberties Union of Iowa.

Lloyd Jessen, executive director of the pharmacy board, said he did 
not want to comment on the ruling until he and other board members 
had a chance to discuss it with their lawyer.

To be classified as a Schedule I substance, among the most tightly 
regulated drugs under state law, a drug must be shown to have a high 
potential for abuse and no safe medical use within the United States.

Proponents of medical marijuana contend that by listing the drug 
under Schedule I, the state is implying that the drug has no 
acceptable medical use.

Forcing the board to acknowledge marijuana's use in medicine would be 
a symbolic victory that could force lawmakers to address the issue 
more seriously, Wilson said.

Last summer, a group including the ACLU petitioned the pharmacy board 
to remove the drug from the Schedule I classification.

The board ruled against the petition in October and the ACLU appealed.

Novak's ruling stipulates that the board must now review the 
classification and decide whether the drug has a safe medical application.

If the drug does have a safe medical use, the board can recommend 
that the Iowa Legislature reclassify it, Wilson said.

Marijuana can now be used under medical supervision in at least 13 
states to battle nausea, pain and other symptoms brought on by 
diseases such as cancer and AIDS, the ACLU says.

"The pharmacy board has been saying, 'We should wait for the feds to 
do something.' but the law doesn't say to wait," Wilson said. "We're 
trying to unfreeze the issue and open up the debate."

Earlier this year, state Sen. Joe Bolkcom, D-Iowa City, proposed a 
bill that would have legalized medical marijuana in Iowa. The bill 
iied for lack of support.

The bill called for creating not-for-profit organizations known as 
"compassion centers" that would cultivate and distribute marijuana 
for qualified patients.

"I'm pleased with the court's decision," Bolkcom said Friday.

"I think having the pharmacy board review the classification brings 
the issue forward again in an important way." 
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