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Medical Necessity

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Seriously ill people who use marijuana as medicine should not be arrested and required to prove their medical necessity in a criminal trial. Seriously ill patients should have their claims heard by the Iowa Board of Pharmacy Examiners or some other qualified board. If a seriously ill patient has a legitimate medical necessity, that patient should be certified and be exempted from criminal prosecution by the state of Iowa. The Iowa Legislature should amend current state law by immunizing certified medical marijuana users from criminal prosecution by the state of Iowa and call upon the federal government to amend existing federal statutes.

Iowa recognizes the defense of "medical necessity" to prosecution for the possession of marijuana in the state of Iowa. State of Iowa v. Jan Pleas, No. 22690, Pottawattamie District Court (June 16, 1994). Iowa law recognizes the therapeutic value of marijuana. Iowa Code 124.206(7)(a).

Between 1976 and 1991, the federal government supplied marijuana to patients for medical purposes. In 1991, the federal government decided to stop supplying marijuana to new applicants. Only two Iowans are currently allowed to use marijuana legally, because of federal law prohibiting the use of marijuana. Other Iowans who were approved to receive marijuana were never supplied.

It is not fair that all Iowans are not treated alike, some having arbitrary rights that others do not have.

QUESTION: Do you support enacting medical necessity legislation which would exempt certain medical marijuana users from criminal prosecution in the state of Iowa?




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