from the Iowa District Court for Polk County, Bradley McCall,
Olsen appeals from the district court's order on judicial
review affirming the Iowa Board of Pharmacy's ruling
denying his request to recommend the legislature reclassify
marijuana from a Schedule I controlled substance to another
scheduled substance. AFFIRMED.
Olsen, Des Moines, pro se appellant.
J. Miller, Attorney General, and Meghan L. Gavin (until
withdrawal), and Laura A. Steffensmeier, Assistant Attorneys
General, for appellee.
Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.
VAITHESWARAN, PRESIDING JUDGE.
2014, Carl Olsen filed one of several petitions with the Iowa
Board of Pharmacy, seeking a recommendation to have the
legislature reclassify marijuana from a Schedule I controlled
substance to another scheduled substance. See Iowa
Code §§ 124.204 (2014) (Schedule I substances),
.206 (Schedule II substances), .208 (Schedule III
substances), .210 (Schedule IV substances), .212 (Schedule V
substances); State v. Bonjour, 694 N.W.2d 511, 512
(Iowa 2005) (stating Iowa Code chapter 124 "restricts
the use of controlled substances and divides them into five
schedules"). The Board denied the petition. Olsen sought
reconsideration, which the Board also denied.
petitioned for judicial review. The district court denied the
petition, and this appeal followed.
124 gives the Board authority to "administer the
regulatory provisions of this chapter." Iowa Code §
124.201(1). "Annually, . . . the board shall recommend
to the general assembly any deletions from, or revisions in
the schedules of substances, enumerated in section 124.204, .
. . which it deems necessary or advisable."
Id. (emphasis added). This provision vests the Board
with discretion to interpret the schedules. Accordingly, we
will reverse the Board's legal interpretation only if it
is "irrational, illogical, or wholly
unjustifiable." Id. §
17A.19(10)(l); Olsen v. Iowa Bd. of
Pharmacy, No. 14-2164, 2016 WL 2745845, at *2 (Iowa Ct.
App. May 11, 2016).
criteria for listing substances in Schedule I are as follows:
1. The board shall recommend to the general assembly that the
general assembly place a substance in schedule I if the
substance is not already included therein and the board finds
that the substance:
a. Has high potential for abuse; and
b. Has no accepted medical use in treatment in the United
States; or lacks accepted safety for use in treatment under
2. If the board finds that any substance included in schedule
I does not meet these criteria, the board shall recommend
that the general assembly place the substance in a different
schedule or remove the substance from ...