Thanks to Buford Terrell for directing my attention to Carl Olsen’s litigation in Iowa to compel the Iowa Board of Pharmacy to reclassify cannabis. I have only begun reading the documents at the Iowans for Medical Marijuana website but from what I have seen so far, the essential argument is that “medical use” is defined under STATE law, as opposed to FEDERAL law, and that the enactment of medical marijuana laws throughout the United States demonstrates that there is a currently accepted medical use of cannabis in the United States.
This issue goes to the heart of Schedule I and, therefore, all of U.S. drug control – the legal conclusion that there is no medical use of cannabis or, for that matter, any of the Schedule I psychedelics. The “medical use” issue is the fundamental battleground of the war and Carl is occupying that space.
It is fascinating for numerous reasons, including federalism as well as the assignment to federal police of the authority to determine what is a medicine.
I hope to present a more thorough treatment of the litigation but I invite others to review the material and offer their analyses.