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Old 04-25-2009, 04:19 PM
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Default Case Could Clear Way For Med Marijuana

The American Civil Liberties Union hopes a decision by a Polk County judge will clear the way for legalization.

Polk County District Judge Joel Novak ruled that Iowa Pharmacy Board had to consider whether marijuana is improperly classified as a schedule I controlled substance under Iowa law.

The legal case asked the Pharmacy Board to review it's classification of marijuana now that it is legally used for medical purposes in 13 states. The board had rejected the request for review.

The court ruling means the Board of Pharmacy must consider whether marijuana be reclassified in Iowa. Supporters said it's no different than other prescription drugs that are subject to abuse.

"We make sure they're administered under the supervision of a physician that shouldn't be any different for marijuana," said Randall Wilson, Legal Director for the ACLU of Iowa. "We need to open up the doors for medical marijuana so that we're no longer making criminals out of cancer patients."

Wilson said many Iowans are forced to break the law. He said marijuana, unlike some prescription medications, does not have negative side effects, is often less costly and better treats their pain.

"Everyone agrees marijuana has strong therapeutic effects, the only question is how to regulate and control the drug so there's not abuse," said Wilson.

It was a question also posed during this legislative hearing in March. Several Iowans shared their stories to illustrate why medical marijuana should be legal.

"My days are a constant pain," said Lisa Jackson, at the legislative hearing. "I used to work, I used to take care of my family. I used to have a life."

The Board of Pharmacy declined to comment to KCCI on the case until it reviews the ruling and considers its legal options. Supporters said they hope the Board will reconsider its classification of marijuana as a controlled substance.

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