1. Whether the Iowa Controlled Substances Act, Iowa Code Chapter 124, is unconstitutional because it has exceptions for medical use of marijuana and religious use of peyote, but lacks any due process (least restrictive means) for evaluating a claim for religious use of marijuana.
2. Whether the exception for medical use of marijuana, Iowa Code Chapter 124E, supports judgment as a matter of law because the state cannot show personal and private religious use of marijuana poses any greater threat to public health and safety than the personal and private medical use of delta-9-tetrahydrocannabinol (Δ⁹-THC), Iowa Code § 124.401(5)(c).

This case should be retained by the Iowa Supreme Court because the issues raised involve substantial constitutional questions as to the validity of a statute and substantial questions of enunciating or changing legal principles.  Iowa R. App. P. 6.903(2)(a)(4), 6.1101(2)(a), and 6.1101(2)(f) (2025).

The Iowa Supreme Court has not previously determined whether the Iowa Religious Freedom Restoration Act, Iowa Code Chapter 675, requires the same constitutional analysis used in judicial interpretations of the U.S. Constitution and the Iowa Constitution.

The Iowa Supreme Court has not determined whether prior convictions for distribution of marijuana to members of a religious organization preclude a claim for personal religious use of marijuana by the Petitioner.