Judge Asks Board If Marijuana Has Safe Medical Use

Judge Asks Board If Marijuana Has Safe Medical Use
Posted by CN Staff on April 25, 2009 at 04:30:11 PT
By Chase Davis
Source: Des Moines Register

medical Iowa -- 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 died 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."

Source: Des Moines Register (IA)
Author: Chase Davis
Published: April 25, 2009
Copyright: 2009 The Des Moines Register
Contact: [email protected]
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