Petition for Judicial Review

$1,700 of $2,000 goal

Raised by 53 people in 54 months
I have an ongoing battle with the Iowa Board of Pharmacy to force them to obey the law and recommend that marijuana be removed from its current classification as a substance with no accepted medical use in treatment in the United States.  They made the recommendation that marijuana should be reclassified in 2010, but now, in 2015, they say it has medical use but should not be reclassified.  The current classification says it has no medical use.  Here is a link to the page where these documents can be found - Petition for Judicial Review
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The Iowa Supreme Court denied my Petition for Further Consideration on December 7, 2017, without any explanation. So, we have a pharmacy board that thinks opium is in schedule 1, a trial court that said he didn't read any of the exhibits before the trial, and appeal court that made up arguments that neither party made, and a supreme court that thinks it was all fair. This certainly explains why things are a mess. I'm going to focus on the Iowa Department of Health and the Iowa Legislature for the next few months. Now that Iowa has approved cultivation of marijuana for medical use, it makes the classification as having none even more absurd. Thank you, everyone, for helping!
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I filed an ethics complaint against the appeal court judge today.

130 NE Aurora Ave
Des Moines, Iowa 50313-3654

August 20, 2017

Judicial Qualifications Commission
1111 East Court Avenue
Des Moines, Iowa 50319

Re: Judge Anuradha Vaitheswaran
Iowa Court of Appeals
Carl Olsen v. Iowa Board of Pharmacy
No. 16-1381

On August 8, 2017, Judge Vaitheswaran denied my Petition for Rehearing filed on August 6, 2017. Judge Vaitheswaran also wrote the August 2, 2017, Decision in my Appeal.

In her Decision on August 2, 2017, Judge Vaitheswaran incorrectly stated the positions of both parties.

In my Petition for Rehearing on August 6, 2017, I asked for these errors to be corrected, without specifically suggesting what the court should rule on the merits of the Appeal (since I had already done that in the appellate briefs).

Losing the appeal on its merits would not be as painful as having the positions of both parties incorrectly stated and preserved forever in Iowa judicial history. This was extremely careless. I have no idea if it was intentional, but it just doesn’t seem ethical for the same judge that made these errors to deny the Petition for Rehearing to correct these errors.


_______________________
Carl Olsen
August 20, 2017
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I found a couple typos and a sentence that was too long. Here is the final, amended copy of my Application for Further Review in the Iowa Supreme Court.

http://files.iowamedicalmarijuana.org/imm/january2016/16-1381_AMFR_160052.pdf
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I filed an application for further review in the Iowa Supreme Court yesterday. Here is a link to the file:

http://files.iowamedicalmarijuana.org/imm/january2016/16-1381_FRAP_159820.pdf
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Read a Previous Update
Ed H Engelmann
28 months ago

Mr Olsen you are doing a wonderful job keeping the BoP in its toes. Holding thier feet to the fire LOL Thank You Thank You

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Carl Olsen
46 months ago

Just to follow up here. I’m not going to agree the case is moot. The case is about the ruling the board made in 2013, and that ruling is incorrect no matter what the board does in 2014. We did not brief the issue in 2010 the way we did last year, and we did win a victory last year when the board tried to dismiss our case. So, I will use that ruling I got from the Iowa District Court last year to make the argument that this is an ongoing problem with the board. Rejecting my petition in 2013 should have required a better explanation than the board gave. The board just said it has discretion to do anything it wants to do, and that is not a sufficient explanation.

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$1,700 of $2,000 goal

Raised by 53 people in 54 months
Created March 9, 2014
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AU
$30
Adam Umansky
12 months ago

Keep up the important work, and thank you for your sacrifices. I wish I could give more.

$5
Anonymous
12 months ago
$10
AtOm Rea
12 months ago

Keep up the Good Work. God Bless you beyond words! Aloha ~

$20
Paul Cody
12 months ago

Thank you Carl!

DA
$46
Darrell Alderson
22 months ago

Keep up the good work Carl.

RB
$50
Rev BAKER
22 months ago

PRAISE AND BLESSINGS THROUGH GREENFAITH

JB
$75
John Birrenbach
24 months ago

Good Luck Carl, your dedication and sacrafice for cannabis is remarkable.

Ed H Engelmann
28 months ago

Mr Olsen you are doing a wonderful job keeping the BoP in its toes. Holding thier feet to the fire LOL Thank You Thank You

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Carl Olsen
46 months ago

Just to follow up here. I’m not going to agree the case is moot. The case is about the ruling the board made in 2013, and that ruling is incorrect no matter what the board does in 2014. We did not brief the issue in 2010 the way we did last year, and we did win a victory last year when the board tried to dismiss our case. So, I will use that ruling I got from the Iowa District Court last year to make the argument that this is an ongoing problem with the board. Rejecting my petition in 2013 should have required a better explanation than the board gave. The board just said it has discretion to do anything it wants to do, and that is not a sufficient explanation.

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