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…
View original post 140 more words