On Wednesday, November 19, 2014, the Iowa Board of Pharmacy voted to delay the ruling on my petition to have marijuana reclassified in Iowa.
Iowa Board of Pharmacy Chair Edward Maier reads the subcommittee report recommending the reclassification of marijuana in Iowa
The board voted unanimously to recommend reclassification in 2010, so this is not something new the board has not previously considered. Unless the board votes to reconsider that 2010 recommendation, the 2010 recommendation still stands (but it’s getting old and dusty and needs a refresh). Acting in good faith, the board voted unanimously on August 27, 2014, to have a study committee revisit this issue. On November 17, 2014, the study committee, chaired by Monona pharmacist Edward Maier, held a public hearing. On November 19, 2014, Maier presented the study committee’s recommendation that the board renew it’s 2010 recommendation to reclassify marijuana as a medicine here in Iowa.
Dubuque pharmacist James A. Miller says the board should follow federal administrative regulations rather than state law.
What caused the delay was an objection from Dubuque pharmacist James A. Miller. Miller said he hadn’t had time to review the subcommittee’s recommendation. Miller said that while the 2010 unanimous recommendation of the board to recommend reclassification in Iowa still stands, he doesn’t agree with it. Strangely enough, Miller did not cite any evidence that marijuana is correctly classified. Rather, Miller’s objection is that the federal government has marijuana classified inconsistently with the board’s 2010 recommendation and that Iowa should follow the outdated federal scheduling until the federal government fixes it. The Iowa Board of Pharmacy is authorized by law to recommend changes to state scheduling of marijuana, but has no corresponding authorization to recommend changes in federal scheduling. Adding to the confusion, Miller said the Iowa Board of Pharmacy has no authority to recommend changes in state scheduling.
The Iowa Board of Pharmacy
Although the board frequently uses it’s authority to recommend reclassification when the federal government adds a new substance to the federal schedules, prior to 2010 I’m not aware of any instance where the board has previously used its authority to disagree with federal scheduling. It’s my opinion that Miller is going to have to disagree with the 2010 recommendation on its merits, because he hasn’t given any valid reasons for keeping marijuana in it’s current classification here in Iowa. If the factors the Iowa legislature requires the board to consider do not justify keeping marijuana in it’s current classification as good for nothing, then Miller needs to follow that law or consider working for a federal administrative agency.
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