Iowa, state Supreme Court rules Arizona medical cannabis card not allow individual to possess medical cannabis in state

Iowa, state Supreme Court rules Arizona medical cannabis card not allow individual to possess medical cannabis in state
CANNANNEW REPORT

The Des Moines Register reports An Arizona woman’s medical marijuana card does not permit her to possess the drug in Iowa, even though she had to obtain a doctor’s authorization to have it, a divided Iowa Supreme Court ruled Friday. The 4-3 decision leaves in place a conviction for marijuana possession, a serious misdemeanor, for Pamela Middlekauff, 55, and sets a precedent for other people arrested in Iowa for drug use or possession that might be legal in their state of residence. Chief Justice Susan Christensen wrote for the majority, while Justice Edward Mansfield wrote a dissent. According to court filings, Middlekauff was stopped for speeding while driving through Warren County in December 2019, and the officer smelled marijuana in the car. Middlekauff, who has osteoarthritis and other painful musculoskeletal conditions, told the officer she not been smoking but had “quite a bit of marijuana” and showed him the medical marijuana registry card she was given by the Arizona Department of Health Services in 2018. Prosecutors charged Middlekauff with possession, and she was convicted at trial after the court ruled she could not present evidence about her medical marijuana card. Key to her appeal is an Iowa law making it illegal to possess a controlled substance unless that substance was “obtained directly from, or pursuant to, a valid prescription or order of a practitioner.” To receive her Arizona registry card, Middlekauff had to present a doctor’s diagnosis and attestation that she was “likely to receive therapeutic or palliative benefit” from medical use of marijuana. Before the Supreme Court, Middlekauff’s attorney argued that constituted a prescription. None of the seven justices agreed. But Mansfield, joined by Justices Brent Appel and Matthew McDermott, wrote that he believes Middlekauff’s Arizona registration still meets the threshold set by the law. “A healthcare practitioner’s certification (1) that an individual has a medical condition that would be alleviated by…

Excerpt only …
READ MORE BELOW
Source : Iowa, state Supreme Court rules Arizona medical cannabis card not allow individual to possess medical cannabis in state

reposted by Cannabis News World

This site uses Akismet to reduce spam. Learn how your comment data is processed.