Benton Mackenzie passed away at home this morning, his wife Loretta Mackenzie told Brian Wellner of the Quad-City Times. Mackenzie was convicted last summer on drug charges, having grown dozens of marijuana plants in order to treat his terminal cancer. During the trial, the judge did not allow Mackenzie or his attorney to say that the defendant was seeking to use cannabis as a cancer treatment. Mackenzie was later sentenced to probation. The family had hoped to move to Oregon; Mackenzie had visited the state and received a valid Oregon medical marijuana card before his health deteriorated late last year.

Many Iowans who favor legalizing medical marijuana were outraged by the prosecution of a terminal cancer patient. State Senator Joe Bolkcom described the case as a waste of taxpayer money. During last year’s legislative session, Bolkcom defied long odds to get a baby step toward legalizing medical cannabis approved in the Iowa House and Senate. However, the new law only permits the use of cannabis oil in order to treat certain seizure disorders, and even the affected families have been unable to obtain the treatment so far.  

Thousands of Iowans are battling cancer or suffering from chronic illnesses that can be treated with cannabis or its derivatives. They should not be subject to criminal prosecution merely for attempting to obtain marijuana for personal use. Benton Mackenzie’s death may not be enough to spur a majority of lawmakers to act this year, but I hope his sad story will eventually create the political space to expand Iowa’s medical marijuana law.

Awaiting sentencing for concealing payments received for helping Ron Paul’s presidential campaign, former State Senator Kent Sorenson has now tested positive three times for marijuana use, the Associated Press reported last week. Sorenson’s attorney had said the first positive test was caused by drug use prior to the plea agreement. In a more recent court document,

A lab toxicologist gave an opinion on Oct. 28 that Sorenson “reused marijuana prior to the collections on Oct. 7 and Oct. 21,” which would amount to a second violation of his release conditions, she wrote.

I’d like to hear from members of the Bleeding Heartland community who are familiar with the criminal justice system: would evidence of more recent marijuana use likely affect the sentence Sorenson will receive, even though the crimes to which he pled guilty are unrelated to illegal drug use?

Des Moines Register columnist Rekha Basu reflected on Sorenson’s “perfect hypocrisy,” since as a state senator he “voted to subject welfare recipients to random drug tests, at their own expense, even if they had no history of drug abuse.” I’ve enclosed excerpts from her latest piece after the jump.

Various states that have introduced drug testing for welfare recipients have found the tests “ended up costing taxpayers more than it saved and failed to curb the number of prospective applicants,” and that welfare recipients use illegal drugs at rates significantly lower than the general population.  

Many Iowans think of our state as a great place to settle down, thanks to relatively low unemployment, crime rates, living costs, and other quality of life factors (such as short commute times). After considering 44 criteria, the StateMaster website ranked Iowa the sixth best state to live. The latest Kids Count report by the Annie E. Casey Foundation ranked Iowa third in terms of children’s well-being.

So Danielle C. Belton’s article for The Root last week should be a wake-up call. For the roughly 102,000 Iowans who are African-American, this state doesn’t stack up nearly as well against the competition. In fact, Belton considers Iowa the fourth-worst state for black people.

If you’re black and into marijuana, avoid Iowa. The state arrests blacks at a rate eight times higher than whites for marijuana possession, despite the rate of drug usage between blacks and whites being about the same. For years, Iowa also held the title for locking up black people at a higher rate than any other state (it recently lost that crown to Wisconsin). While other states have large prison populations, what makes Iowa stand out is that it’s a relatively small state with a small population. In fact, its black population is only about 3 percent. Adding insult to injury, the poverty rate among African Americans in Iowa is 31 percent, compared with 11 percent for white Iowans.

The massive racial disparity in Iowa’s arrest and imprisonment rates has been one of the country’s worst for a long time. Way back in 2005, Bruce Dixon of the Black Commentator highlighted Iowa as one of the “ten worst places to be black” for this very reason. If Governor Terry Branstad wants to spend the next four years cementing his legacy as a leader who cares about all Iowans, he should try to do something about this persistent problem. I don’t know how to change the culture in local law enforcement or county attorney offices, but there’s no excuse for such a large disparity in whether people will be arrested or charged for the same unlawful behavior. Surely the governor’s staff could research, and Branstad could propose, policies Iowa can adapt from other states that have addressed this problem.

Former State Senator Kent Sorenson tested positive for marijuana two weeks ago, according to court documents released today. Sorenson is on probation pre-trial release under supervision while he awaits sentencing for concealing illegal payments he received from Ron Paul’s presidential campaign and giving false testimony about the scheme. Jason Noble reported for the Des Moines Register,

His attorney, F. Montgomery Brown, said Sorenson disclosed using marijuana prior to making his plea and denies using since he’s been under court supervision. Testing shows declining levels of the drug, Brown added, which is “consistent with abstinence.”

In the court documents, the probation officer assigned to Sorenson asked that no action be taken in response to the drug test, noting that he has maintained full-time employment. The U.S. Department of Justice attorney assigned to the case did not object.

“I would not expect it to have any impact upon his pretrial release at this time,” Brown said. “They’re not asking for any revocation of that release.

Brown added, “He’s not the first tea partier to have a substance abuse issue.”

I hope Sorenson gets the help he needs to abstain from habit-forming drugs. Questions for those in the Bleeding Heartland community who are familiar with the criminal justice system: is it typical for a probation officer and a DOJ attorney not to recommend immediate consequences for a defendant who violated probation by failing a drug test? And would a positive drug test likely affect the sentence Sorenson will receive, even though the crimes to which he pled guilty are unrelated to illegal drug use?

The Iowa legislature’s Cannabidiol Implementation Study Committee met Thursday to discuss problems related to the implementation of the new law intended to allow Iowans to use cannabis oil to treat seizure disorders. Although the law went into effect on July 1, families who lobbied for measure are not yet able to purchase the oil derived from marijuana plants, because of various legal hurdles. Ten lawmakers (five from each chamber and five from each political party) serve on the study committee: State Senators Joe Bolkcom (D), Bill Dotzler (D), Steve Sodders (D), Charles Schneider (R), and Mike Brietbach (R), and State Representatives Walt Rogers (R), Clel Baudler (R), Linda Miller (R), John Forbes (D), and Bob Kressig (D).

Tony Leys reported for the Des Moines Register that the committee voted 9-1 to recommend that the state reschedule marijuana from “a Schedule I drug, meaning its use for any reason is illegal,” to “a Schedule II drug, which could be used for medical purposes.” Rogers was the dissenting vote. The committee voted 6-4 for “a motion to recommend allowing the closely regulated production and distribution of medical marijuana for approved patients. The motion did not specify what type of marijuana, but it did say the state should not tax the products.” Baudler, at one time Iowa’s most vocal opponent of medical marijuana, joined the five Democrats on the committee to approve that motion. However, Leys noted that Baudler “strenuously opposes expanding the law to let people possess marijuana to treat other conditions, such as cancer or Crohn’s disease. The committee rejected a motion to recommend such an expansion.”

The committee’s recommendations are not binding on the Iowa House and Senate, which will go back into session next January.

Not to take anything away from the suffering of Iowans with seizure disorders, but I don’t understand why lawmakers would want to approve medical cannabis for those conditions only and not for a range of other chronic or life-threatening diseases, which affect thousands of people here. Other states have created workable programs limiting access to those with genuine medical needs, and a majority of Iowans support legalizing the medical use of marijuana. Oncologists have been quietly recommending cannabis to cancer patients for at least four decades.

In a case being watched by medical marijuana advocates across the country, cancer patient Benton Mackenzie received three years of probation rather than a prison term for his conviction in July on drug charges. Mackenzie had grown marijuana plants on his parents’ property in order to extract cannabis oil, and his wife and son also faced drug charges. At the trial, District Court Judge Henry Latham did not allow Mackenzie’s attorney to tell the jury that the defendant was trying to treat his angiosarcoma. Yesterday, the same judge sentenced both Mackenzie and his wife Loretta Mackenzie to probation, in line with the prosecutor’s recommendation in the case. After the jump I’ve posted excerpts from Brian Wellner’s report for the Quad-City Times and Grant Rodgers’ report for the Des Moines Register. Libertarian candidate for governor Lee Hieb, a medical doctor, attended yesterday’s hearing and afterward called for a change in public policy to give people “the right to choose our own cancer care.” Mackenzie expressed hope that he will be the “last person” to be prosecuted under similar circumstances.

The Mackenzie family wants to move to Oregon, where a doctor has approved Benton Mackenzie for participation in that state’s medical marijuana program. Probation officers in Iowa would have to sign off on the move before the family could leave the state. Mackenzie also plans to appeal “in an effort to get the Iowa Supreme Court to reconsider its decision in a 2005 case that bars Iowans from using claims of medical necessity as a defense to growing marijuana.”

I still think it was a waste of taxpayer money to prosecute a critically ill person for growing marijuana intended for personal use. Iowa lawmakers should make cannabis more accessible to people who can demonstrate a medical need for it.

LATE UPDATE: Judge Latham sentenced Benton Mackenzie’s close friend Stephen Bloomer to five years in prison for helping the cancer patient buy materials for growing marijuana. Bloomer is free on bond pending consideration of his appeal. Scroll to the end of this post for more details on that case. What a travesty.

Four-term Democratic incumbent Dave Loebsack and his three-time Republican challenger Mariannette Miller-Meeks are debating in Iowa City tonight, starting at 7 pm. Iowa Public TV is live-streaming the event here. I’ll post updates after the jump.

Any comments about the race in Iowa’s second Congressional district are welcome in this thread.

UPDATE: The archived video is now available at IPTV’s site. My comments are below.  

On the last day of this year’s legislative session, Iowa lawmakers took a baby step toward legalizing the medical use of marijuana in this state. I found it regrettable that the only compromise acceptable to Governor Terry Branstad and key Iowa House Republicans limited access to cannabis oil suitable for treating seizure disorders. Thousands of other Iowans suffer from debilitating chronic and/or life-threatening conditions, which could be alleviated with medical marijuana in other forms.

Turns out, the new law isn’t even helping the few hundred people who could theoretically benefit from cannabis oil. Although the law went into effect on July 1, parents who lobbied for it told the Des Moines Register’s Tony Leys this week that access to the medicine is “still light years away.”

[T]he law included no legal method for growing or selling the product. State administrators are still working out the details of how to issue ID cards allowing residents to possess marijuana extract bought in other states.

[Sally] Gaer and other parents believe their children’s seizures could be significantly dampened with a form of marijuana oil that has low levels of THC, the chemical that makes marijuana users high. But they remain unable to legally obtain the oil, which is said to have worked well in other states. […] Colorado law only allows sales of the medication to Colorado residents, they said. They’ve heard that once they have their Iowa-issued cards, they might be allowed to purchase the extract in Oregon. “What are we all going to do, get in a wagon train and go over the mountains?” Gaer said with a wry laugh.

The women said they were disappointed by how long it’s taking Iowa officials to implement the law, which technically took effect July 1. […]

The women said they have found Iowa-licensed neurologists willing to sign a form recommending the marijuana extract for their children, as the Iowa law requires. However, the form has not been created yet by state officials. If the families can find an out-of-state supplier willing to sell the oil to them, they would face a cost of several hundred to more than a thousand dollars per month – plus the cost of travel. They also could risk arrest for carrying the oil through states that don’t allow it.

Why are we putting families through this ordeal when more than a dozen states have already led the way toward making medical marijuana available to people who need it? After the jump I’ve posted a video of Dr. Steven Jenison talking about New Mexico’s medical cannabis program, which he helped to implement in 2007.

State Senator Joe Bolkcom has promised he will work to expand the new law during the 2015 legislative session. Here’s hoping the Iowa House and Senate will listen.

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Among the new Iowa laws that took effect at the beginning of the current fiscal year on July 1, the act legalizing the use of cannabis oil for certain seizure disorders drew the most media attention. Senate File 2360 (full text) passed the Iowa House and Senate during the final hours of the 2014 legislative session. This week the Iowa Department of Public Health released draft rules on how Iowans can gain legal access to this drug derivative for medical purposes. This page on the Iowa DPH website contains details on how to obtain a “Cannabidiol Registration Card.” Eligible Iowans will be able to pick up cards through their county’s Iowa Department of Transportation office, because DOT offices are more accessible for many people.

During negotiations with Iowa House Republican leaders and staff from Governor Terry Branstad’s office, the scope of Senate File 2360 was narrowed to cover only the use of cannabis oil (not marijuana in any smokeable form), and only for seizure disorders, meaning that roughly a few hundred Iowa families will benefit from the new law. But a criminal trial verdict that made headlines this week may spur future efforts to help the thousands of Iowans who seek to use marijuana to treat chronic or terminal health conditions. A Scott County jury convicted Benton Mackenzie, along with his wife and son, of drug charges for growing marijuana plants. Mackenzie’s elderly parents are due to stand trial soon for allowing the plants to be grown on their property. The presiding judge didn’t allow Mackenzie’s attorneys to tell jurors he was growing the drugs to treat a rare cancer, because medical marijuana is not legal in Iowa.

Quad-City Times reporter Brian Wellner covered the Mackenzie case and discussed it on Iowa Public Radio this week. After the jump I’ve posted excerpts from a few news reports on the verdict. I agree completely with State Senator Joe Bolkcom, the leading advocate for medical marijuana in Iowa, who called the decision to prosecute Mackenzie and his family members a “waste of taxpayer money.”  

Governor Terry Branstad plans to sign a bill that would allow possession of cannabis oil for the treatment of some seizure disorders, he announced while taping Iowa Public Television‘s “Iowa Press” program today. He noted the bill will help some children with epilepsy, and he’s satisfied its “limited” scope will not increase abuse of marijuana in smokeable form.  

The governor also said he will sign a bill banning the sale of e-cigarettes to children, adding that his wife is a “militant” anti-smoker. Trouble is, that bill was backed by tobacco industry lobbyists. Many public health groups lobbied against the bill.

Branstad has not decided whether to sign the dog racing bill, which would end greyhound racing at one casino in Council Bluffs and get a non-profit casino in Dubuque off the hook for subsidizing the races. His concern isn’t the massive giveaway to dog breeders and kennel owners, which makes no sense to me. Rather, he is worried that lobbyists for horse racing interests didn’t get their cut from the bailout. O.Kay Henderson reports for Radio Iowa,

“I understand the benefits that the people in Council Bluffs and Dubuque see from this, and the greyhound industry,” Branstad says. “My concern is the horse industry was left out of this.” […]

However, the governor’s concern is over provisions in the bill that would give the greyhound industry authority to strike deals to simulcast dog and horse races at any of the state’s casinos and get all of the profit from it. Today simulcasting deals are only allowed at the casinos in Altoona, Council Bluffs and Dubuque and Iowa’s horse industry gets the financial take.

“There is some concern that I’m hearing from my friends in the horse industry. I’ve always been close with them,” Branstad says. “We have a very big and significant horse industry in the state of Iowa.”

Branstad has ’til June 2 to decide whether to sign or veto the bill.

“I’m trying to weigh all those things,” Branstad says. “I want to do something that’s fair to all the communities involved and fair to all the parties and the one group that seems to be, because of the simulcasting provisions of that bill, having some concerns is the horse industry and so I’m carefully reviewing that,” Branstad says. “I have not made a final decision.”

Environmental activists in Iowa are nervously awaiting the governor’s decision on a bill to expand solar tax credits and several spending bills that include record-high funding for the Resource Enhancement and Protection (REAP) conservation program. The governor recently said he is concerned about various parts of a supplemental spending bill that contained $5 million of the REAP funding. In 2012, Branstad line-item vetoed half a million dollars for Iowa food banks on the Friday before Memorial Day.

Iowa legislators pulled an all-nighter at the Capitol to close out the 2014 session. The Iowa House adjourned for the year a little before 6 am, while the Senate will return briefly on Friday to authorize further investigation of Branstad administration controversies.

It will take several days for Bleeding Heartland to cover the most important news about the state budget and other bills passed toward the end of the session. I was surprised to see that Iowa House leaders did call up Senate File 2360, the limited medical cannabis bill the Iowa Senate approved last Friday. As of yesterday afternoon, that bill seemed doomed.  I saw some speculation that leaders might not even call it up for debate. A few Republicans had filed more than a dozen amendments, apparently with the goal of killing the bill on the floor. State Representative Chip Baltimore was one sponsor of the poison pill amendments. He told the Des Moines Register that

a bill legalizing marijuana – even in an extremely limited way for an extremely limited purpose – simply couldn’t be introduced, debated and passed in the space of a week.

“We’re being asked to take an extraordinary leap of faith,” Baltimore said, referring to the reassurances [Representative Rob] Taylor and others have given on cannabidiol’s safety and efficacy. “You don’t do that in five days.”

Lawmakers negotiated well pass midnight and agreed to make small changes to the medical cannabis bill. It will still allow only the use of cannabis oil, not marijuana in smokeable form. According to Radio Iowa’s O.Kay Henderson, the new language also “requires patients to get an Iowa neurologist’s recommendation for cannabis oil.” The Iowa House approved the bill by 75 votes to 20 just after 3:30 am. CORRECTION: The final roll call was 77 votes to 20. The Senate approved the House version by 38 votes to 8 about an hour later. The Senate roll call is after the jump. I’ll update this post with the House roll calls once it becomes available on the Iowa legislature’s website.

Governor Terry Branstad indicated a few weeks ago that he is open to a cannabis oil bill, as long as it’s “very limited in focus.” I expect him to sign Senate File 2360.

UPDATE: Added a statement below from State Senator Joe Bolkcom, the legislature’s leading advocate for medical marijuana.

Yesterday the Iowa Senate approved by 36 votes to 12 a bill to legalize the use of medical cannabis oil for treating certain seizure conditions. You can read the full text of Senate File 2360 here. After the jump I’ve posted State Senator Joe Bolkcom’s floor statements in support of the bill, which summarize its key points and limited scope. An Iowa Senate Democratic research staffer provided a more detailed analysis of the bill here (pdf).

The roll call in the Senate Journal shows that all 26 Iowa Senate Democrats voted for the cannabis oil bill, joined by the following ten Republicans: Mike Breitbach, Mark Chelgren, Minority Leader Bill Dix, Joni Ernst, Hubert Houser, David Johnson, Tim Kapucian, Charles Schneider, Amy Sinclair, and Brad Zaun. The twelve Republicans who voted no were Bill Anderson, Jerry Behn, Rick Bertrand, Nancy Boettger, Jake Chapman, Randy Feenstra, Julian Garrett, Sandy Greiner, Dennis Guth, Ken Rozenboom, Roby Smith, and Jack Whitver. Republicans Mark Segebart and Dan Zumbach were absent.

During the floor debate, several Republicans warned that passing the bill would send the wrong message to teenagers, leading to more recreational use of marijuana. That’s hard to fathom, since the bill does not legalize smoking marijuana, even for terminally or chronically ill Iowans who could benefit from medical cannabis in that form.

Key Iowa House Republicans and Governor Terry Branstad have made clear that for now, they would consider only a bill to allow access to medical cannabis oil. I hope a study committee on broader use of medical marijuana will go forward. Senate File 2360 is a step in the right direction and will give families like this one options other than moving to Colorado. However, the bill leaves out too many suffering people.

P.S.- A sign of how far the political ground has shifted in the medical marijuana debate: Joni Ernst and Brad Zaun are in fiercely competitive GOP primaries (for U.S. Senate and IA-03, respectively). Both of them voted for this bill.

Governor Terry Branstad has opposed efforts to legalize marijuana for medical use in Iowa, but on Monday he he signaled that he is open to taking a small step forward this year.

[I]t looks like we could end up with something that’s very limited in focus, like as passed recently in Utah and Alabama,” Branstad said. “I’m certainly working with legislators to see if there’s a possibility to work something out on that before the legislature adjourns.”

The new Utah law allows extract in oil form, but not smoking marijuana to treat a medical condition. Along the same lines, James Q. Lynch reported stunning news: Iowa House Public Safety Committee Chair Clel Baudler is open to legalizing the use of medical cannabis, in oil form. After meeting with parents whose children suffer from seizure disorders, Baudler said, “These little kids are taking some drugs that are really hot […] So if we educate ourselves and possibly we can give them some relief, that’s a good thing.”

Last summer, Baudler bragged that he would wear as a “badge of honor” his designation as one of the country’s ten worst state legislators, according to the Marijuana Policy Project.

He and Iowa House Speaker Kraig Paulsen indicated that to have any chance of passing the Republican-controlled House, a bill to legalize the use of cannabis would have to exclude marijuana that can be smoked. That will disappoint Iowans suffering from cancer, severe pain, or debilitating chronic diseases like multiple sclerosis. Smoking marijuana can ease nausea and other symptoms in such patients. Speaking to Lynch, Baudler said people who want to use cannabis to treat conditions other than seizure disorders should “Move to Colorado.”

Even limited progress on this issue is welcome, but I hope Iowa lawmakers will move forward with a broader study of medical cannabis programs.

UPDATE: Iowa Senate Majority Leader Mike Gronstal is willing to help “move a limited bill on medical cannabis oil forward.” Senate Minority Leader Bill Dix is non-committal for now.  

A few days before he will formally step down as the Republican Party of Iowa’s leader, A.J. Spiker advocated legalizing medical marijuana in a guest editorial for the Sunday Des Moines Register. Excerpts from Spiker’s column are after the jump. Framing the case for medical cannabis in terms of personal freedom, Spiker rebuked Republicans who have been unwilling to acknowledge strong arguments for allowing doctors to prescribe the drug. While he didn’t name names, his points came across as a rebuttal to Governor Terry Branstad, who would rather drag his feet on this issue.

Spiker and Branstad have clashed repeatedly, and it’s an open secret that the governor hasn’t been happy with the Iowa GOP’s priorities or fundraising since Spiker took over from Matt Strawn in early 2012. It’s shrewd for Spiker to stake a claim for medical marijuana, a position that is increasingly popular, especially with younger voters. Now his last impression as state party chair will be as a forward-thinking leader, rather than the guy who sometimes seemed to care more about Ron Paul’s Liberty movement than about electing Republicans.  

Speaking of medical marijuana, the issue was the focus of last Friday’s edition of Iowa Public Television’s “Iowa Press” program. Steve Lukan, director of the governor’s Office of Drug Control Policy, appeared along with West Des Moines Mayor Steve Gaer and State Senator Joe Bolkcom, leading advocates for legalizing medical cannabis using the New Mexico model. The video and transcript are available here. I was disappointed to see Lukan basically repeat the same talking points throughout the program, without acknowledging that many legal drugs can also be abused and may have devastating side effects for patients. Branstad didn’t search for anyone with expertise in drug policy before offering the state’s top job in this area to Lukan.

What a difference a month makes. Four weeks ago, State Senator Joe Bolkcom declared his bill to legalize the medical use of cannabis dead on the same day he introduced it. Now five Republican senators have joined Bolkcom and four other Iowa Senate Democrats seeking to advance the conversation about medical marijuana before next year’s legislative session.

Click here to read the full text of Senate Resolution 112, which requests the creation of an interim study committee “to make recommendations on the feasibility of establishing a medical cannabis program in this state allowing qualifying resident patients to purchase and possess cannabis for medical purposes, and to file a final report including recommendations with the general assembly by December 30, 2014.” If the Senate approves the resolution, the Iowa Legislative Council led by House Speaker Kraig Paulsen and Senate Majority Leader Mike Gronstal will likely approve a study committee to evaluate medical marijuana later this year.

Depending on the study committee’s conclusions, a medical marijuana bill might garner more bipartisan support during the 2015 legislative session. Kudos to Democrats Bolkcom, Matt McCoy, Bill Dotzler, Jack Hatch, and Tom Courtney, and Republicans Ken Rozenboom, Mike Breitbach, Brad Zaun, Amy Sinclair, and Charles Schneider for supporting this resolution. It’s worth noting that all five Republican co-sponsors were elected to the Iowa Senate in 2012 and therefore will not face re-election again until 2016. Consequently, all five will be serving in the Iowa Senate next year, regardless of which party controls the chamber after the 2014 elections.

Democratic gubernatorial candidate Hatch has long been on record supporting medical marijuana in Iowa. Earlier this month, Governor Terry Branstad warned of “unintended consequences” and said much more study of the issue is needed.

UPDATE: I should have mentioned that while Zaun isn’t up for re-election to the state Senate this year, he is one of six GOP candidates running in Iowa’s third Congressional district. I wonder whether any of his rivals in IA-03 will criticize this stance.

I’ve been meaning to put up a thread on efforts to legalize cannabis for medical use in Iowa. State Senator Joe Bolkcom has been the lead sponsor of a bill that would create “a state regulated system to provide medical cannabis to Iowans under a doctor’s care.” Senate File 2215 (full text) did not meet the Iowa legislature’s first “funnel” deadline because of a lack of support from statehouse Republicans. However, more recently GOP lawmakers including Iowa House Majority Leader Linda Upmeyer, a nurse practitioner, have said they are open to discussions on the issue. Iowa House Republican Clel Baudler, who helped kill a similar bill last year, is dead-set against what he calls an “asinine” idea.

The Iowa Medical Marijuana website includes much more background on efforts to legalize the medical use of cannabis. The front page of that site includes links to recent news coverage and videos from an Iowa Senate hearing on March 5. CNN’s Dr. Sanjay Gupta changed his mind on the medical uses of marijuana while working on a documentary last year.

After the jump I’ve enclosed a statement from Bolkcom explaining the key points of SF 2215, highlights from the Des Moines Register’s latest polling on the issue, and comments from Governor Terry Branstad, West Des Moines Mayor Steve Gaer, and Representative Bruce Braley, the Democratic candidate for U.S. Senate.

Any relevant thoughts or predictions are welcome in this thread. I expect advocates will have to work for at least a few more years before Iowa joins the 20 states and Washington, DC where medical marijuana is already legal.  

If any Iowa Democrat deserves a primary challenge, it’s three-term State Senator Joe Seng. Although the Davenport-based veterinarian represents one of the Democrats’ safest urban districts, Seng is anti-choice and supported Republican calls for a vote against marriage equality in 2010. As chair of the Senate Agriculture Committee, he has helped pass several bills that are good for industrial agriculture but bad for the environment, especially clean water. In addition, Seng himself challenged three-term U.S. Representative Dave Loebsack in the IA-02 Democratic primary two years ago, so he couldn’t claim the moral high ground against a primary challenger for his state Senate seat.

I was excited to see yesterday that another Democratic candidate, Mark Riley, had filed papers to run in Senate district 45. When I realized Riley was Seng’s Republican opponent in 2010 and ran an independent campaign against Iowa House Democrat Cindy Winckler in 2012, I became disappointed. Was he just a fake like the “Democrat” who ran against State Representative Ako Abdul-Samad in 2010?

I sought comment from Riley about why he was running as a Democrat in Iowa Senate district 45, having campaigned as a Republican in the same district a few years ago. I’ve posted his response after the jump. You be the judge. Riley would have my serious consideration if I lived on the west side of Davenport.  

Governor Terry Branstad’s office released a long list of nominees to state boards and commissions yesterday. I’ve posted the full list after the jump. As he’s done during the past three years, the governor tapped several former state legislators or onetime Republican candidates for the Iowa House or Senate. The latest batch of appointees includes former GOP State Representative Lance Horbach for the State Judicial Nominating Commission, former GOP State Representative Jamie Van Fossen for the Public Employment Relations Board, and former GOP State Senator John Putney for the State Transportation Commission.

Branstad also re-appointed former GOP State Senator Jeff Lamberti to the Racing and Gaming Commission. I’m not surprised; the governor has expressed his confidence in him many times, even immediately after Lamberti’s drunk driving arrest in May 2012. A few weeks later, Lamberti pled guilty to driving while intoxicated, after which his colleagues elected him chairman of the Racing and Gaming Commission.

Several Iowa lawmakers in both parties have been caught driving after drinking too much alcohol. Lieutenant Governor Kim Reynolds was arrested for drunk driving twice while serving as a county treasurer. Arguably, Lamberti’s lapse in judgment is no impediment to leading one of the most powerful state commissions, which will soon make a high-profile decision on granting licenses to two new casino projects.

At the same time, it’s striking that Branstad, so committed to a continuing role in public life for Lamberti, so committed to seeing Reynolds succeed him as governor, is also determined to prevent tens of thousands of Iowans from ever participating in politics at the most basic level for a U.S. citizen. Since he signed an executive order making Iowa one of the most restrictive states for felon voting, only about 40 people have managed to regain their voting rights out of an estimated “25,000 offenders who finished their sentences for felonies or aggravated misdemeanors” since January 2011. Branstad’s policy affects mostly non-violent criminals. Non-white Iowans are more likely to be permanently disenfranchised, since Iowa is the worst state for racial disparities in marijuana arrests.

Branstad recently defended his policy on these terms: “At least somebody that commits an infamous crime such as a felony ought to pay the court costs and the fine associated with that crime before they expect to get their rights restored.” The governor knows perfectly well that most ex-felons are lucky to find a job that covers essentials like food and housing. Repaying thousands of dollars in court costs is not realistic for most of these people. Moreover, “infamous” crimes can include stealing a vending machine as a teenager. Denying thousands of Iowans a real chance to exercise their right to vote is a scandal, especially for a governor so forgiving of serious mistakes made by certain well-connected Republicans.

Happy new year to the Bleeding Heartland community. Here’s an open thread. I’m among the minority of Iowans not watching the Outback Bowl today, but for what it’s worth, I do hope the Hawkeyes beat Louisiana State. LSU jumped out to an early lead.

Several new laws take effect in Iowa today, notably the alternative to expanding Medicaid, just approved by the federal government in mid-December. Under the plan, federal funds will cover Medicaid for Iowans earning up to 100 percent of the federal poverty level and private health insurance for Iowans with incomes between 100 and 138 percent of the federal poverty level. In theory, the Iowa Health and Wellness Plan is supposed to cover between 100,000 and 150,000 people, roughly half of our state’s uninsured population. Problems with the federal health insurance exchange website may leave a lot of people with a gap in coverage, though. The Iowa Department of Human Services has advised roughly 16,000 Iowans who applied for coverage through Healthcare.gov and may be eligible for Medicaid to apply again to the state agency. If they apply by January 31, they can get coverage retroactive to today.

Teen drivers in Iowa face new restrictions under Senate File 115, which passed both chambers with large bipartisan majorities last year. After completing driver’s ed and having an instruction permit for six months, teenagers will have an intermediate license for 12 months (extended from six months under the previous statute). Also, the teen driver’s parents have the option to limit the driver to having no more than one unrelated minor passenger in the vehicle. Rod Boshart explained more details about the new law, intended to reduce the risk of traffic accidents involving young drivers.

Boshart also reports, “Thousands of commercial property owners in Iowa face a Jan. 15 deadline to apply in their counties for a new tax credit established” in the compromise property tax bill approved at the end of last year’s legislative session with strong bipartisan support.

As of today, it is legal in the state of Colorado to sell marijuana to people over age 21 at certain licensed stores. Drivers with Colorado license plates were already among the groups more likely to be pulled over by Iowa State Patrol. I would guess that profiling will increase.

In some parts of the country, black-eyed peas are considered a lucky food to eat on New Year’s Day. I’m not a fan of “hoppin’ John,” the most traditional preparation, but I’ve posted the recipe for my favorite black-eyed peas dish after the jump.  

April is designated the “Month of the Military Child,” with many events and activities scheduled to honor the occasion.

A new study from the University of Iowa indicates that children whose parents are deployed have higher rates of drug and alcohol abuse–another reminder of the massive hidden costs associated with U.S. military campaigns in Iraq and Afghanistan.  

Yesterday the Iowa Senate unanimously confirmed eleven of Governor Terry Branstad’s appointees. You can find the full list of confirmations in the Senate Journal (pdf). The department or agency heads confirmed were:

Chuck Gipp, who has been serving as director of the Iowa Department of Natural Resources since last May, shortly after his predecessor resigned;

Steve Lukan, whom Branstad hired to run the governor’s Office of Drug Control Policy last June;

Nick Gerhart, who replaced Susan Voss as state insurance commissioner at the end of 2012;

Robert von Wolffradt, whom Branstad appointed as Iowa’s chief information officer last May.

Seven of the nominees senators confirmed yesterday will serve on state boards, councils, or commissions, including Joanne Stockdale, a former chair of the Iowa Association of Business and Industry who is one of Branstad’s appointees to the Environmental Protection Commission.

Former U.S. Attorney Stephanie Rose was sworn in yesterday as a federal judge. She is the youngest federal judge currently serving as well as the first woman on the bench in the Southern District of Iowa. The Senate confirmed Rose in September by 89 votes to 1.

In remarks prepared for Rose’s investiture, Senator Tom Harkin predicted her “legal skills and knowledge” and “great sense of justice and fairness” would make her a “superb judge.” He recommended Rose for U.S. attorney and later put her on the short list for the federal judgeship.

I was struck by Harkin’s comments about the retired Judge Robert Pratt, whom Rose replaces. I enclose those comments below, along with links on some of Pratt’s most influential decisions.

Would you like to earn $90,000 a year supervising three employees, about whose work you have no expertise or professional background?

Sorry, you can’t get that job. In fact, you can’t even apply for that job, because Governor Terry Branstad considered no one else before giving the position to retiring Iowa House Republican Steve Lukan.

The Iowa Board of Pharmacy voted 6-0 today to recommend that Iowa legislators reclassify marijuana from a Schedule I narcotic to a Schedule II narcotic. Schedule II drugs have a “currently accepted medical use in treatment in the United States.”

In April 2009, a Polk County judge instructed the Iowa Board of Pharmacy to examine evidence on possible medical uses for marijuana. Last summer the board declined to reclassify marijuana in Iowa but ordered public hearings on the subject.

The Iowa legislature’s “funnel” deadline passed last Friday with no action on a bill to legalize medical marijuana, meaning the issue is dead for the 2010 session. Leadership can bring up new bills after the funnel deadline, but I would be surprised if House and Senate leaders used that prerogative to move a medical marijuana bill forward during a shortened legislative session.

That said, lawmakers should not fear a political backlash if they do approve a bill legalizing marijuana for medical use in Iowa. In the latest Selzer and Co. statewide poll for the Des Moines Register, 64 percent of respondents supported “allowing medical marijuana,” while only 33 percent opposed the idea. I was surprised by how little opinions on this issue varied by the respondents’ age. Medical marijuana was supported by 67 percent of respondents 18-34, 67 percent of those aged 35-54, and 60 percent of those over 55. Younger Iowans were twice as likely as those over 55 to support legalizing marijuana for recreational use.

I expected 2009 to be a relatively quiet year in Iowa politics, but was I ever wrong.

The governor’s race heated up, state revenues melted down, key bills lived and died during the legislative session, and the Iowa Supreme Court’s unanimous ruling in Varnum v Brien became one of this state’s major events of the decade.

After the jump I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from January through June 2009. Any comments about the year that passed are welcome in this thread.

Although I wrote a lot of posts last year, there were many important stories I didn’t manage to cover. I recommend reading Iowa Independent’s compilation of “Iowa’s most overlooked and under reported stories of 2009,” as well as that blog’s review of “stories that will continue to impact Iowa in 2010.”

Hey all, I haven’t posted in awhile, so this is pretty shameless, linking to the Ames Progressive again. But we just published our September issue with a 4500-word feature on the medical marijuana debate in Iowa (the first Board of Pharmacy hearing on the science behind its medical value was held last week).

I know the site’s been following this, so check this out if you’re interested in a comprehensive overview of what’s going on. Cheers!

http://amesprogressive.org/200…  

The Iowa Board of Pharmacy on Tuesday refused to reclassify marijuana as a medication doctors can prescribe, but voted to hold public hearings on the issue.

A bill introduced last year in the Iowa Senate would have allowed not-for-profit facilities called “compassion centers” to acquire, cultivate and deliver marijuana and related supplies to qualifying patients. The bill never got out of subcommittee, but its sponsor, Sen. Joe Bolkcom, said Tuesday that the Legislature could approve some sort of legalization.

The Iowa City Democrat applauded the plan to hold statewide hearings. “Like with any issue, there’s a certain education process that needs to go on,” he said.

Sen. Merlin Bartz, a Grafton Republican who served on the subcommittee, opposed Bolkcom’s bill because he thought it offered too few controls. However, Bartz said he believes more legislators would support a medical-marijuana bill with the same kinds of tight regulations already in place on prescription painkillers and other addictive drugs.

When the Iowa Board of Pharmacy announces dates and locations for these public hearings, I will include them on my event calendars at Bleeding Heartland.

Iowa should not have to reinvent the wheel on medical marijuana. Presumably our legislators could adapt model language from statutes approved elsewhere.

Tony Leys of the Des Moines Register reported that the Board of Pharmacy’s resolution denying the request to reclassify marijuana also attacked Carl Olsen, who heads Iowans for Medical Marijuana. It cited Olsen’s various arrests on marijuana-related charges during the 1970s and 1980s.

Des Moines Register columnist Marc Hansen described the Board of Pharmacy’s reaction to Olsen as “overblown.” What bothers me is that board members seem to think Olsen’s personal history is relevant to the issue of whether marijuana should be classified as a drug so dangerous that Iowa doctors cannot prescribe it.

The Board of Pharmacy’s actions on this matter should not be influenced by members’ opinions about Olsen or his motives. Their job is to evaluate the evidence on whether marijuana has valid medical uses. Under certain circumstances, Iowa doctors already can prescribe narcotics that are more addictive than marijuana and have more harmful side effects.

The Iowa Board of Pharmacy will again consider “whether marijuana is improperly classified as a schedule I controlled substance in Iowa,” according to a press release from Iowans for Medical Marijuana. The public hearing will be held on Tuesday, July 21, from 9:50 am to 10:20 am in the shared conference room located at RiverPoint Business Park, 400 S.W. Eighth Street, Suite E in Des Moines. Public comments will be limited to five minutes per speaker.

This will be the Iowa Board of Pharmacy’s third public hearing on the matter. At the previous hearing in June, the board declined to consider whether marijuana has “accepted medical use” in the U.S. Currently, Iowa law states that marijuana has no accepted medical use in this country, even though more than a dozen states now permit doctors to prescribe it under certain circumstances.

The press release from Iowans for Medical Marijuana contains more background information, so I’ve posted the full text after the jump. I’ll follow up on this story after Tuesday’s meeting of the Iowa Board of Pharmacy.

July 1, 2009 is a big day: the 4,800 residents of Windsor Heights are no longer divided by three zip codes. It couldn’t have happened without Congressman Leonard Boswell’s legislative efforts last year, and that probably wouldn’t have happened without Ed Fallon’s primary challenge. (Note: WHO’s Dave Price attended last night’s event celebrating our new zip code.)

Don’t feel left out if you’re among the 3 million Iowans who aren’t enjoying the good life in our state’s only inner-ring suburb. You too may be affected by one of the many laws that take effect today.

The Iowa House Democrats posted a partial list of these laws on their site, and Jason Hancock provided additional information at Iowa Independent, such as the margin by which these bills passed during the 2009 session. Many won unanimous approval or overwhelming bipartisan majorities in one or both chambers.

Most of the new laws are steps in the right direction for Iowa: increased foreclosure protections; $30 million in historic tax credits; expanded health care for children, low-income pregnant women and adult children under 25; broader eligibility for wind energy tax credits; more job protection for volunteer emergency providers, electronic logbooks to track pseudoephedrine sales. A few of the highlights on the House Democrats’ list deserve additional comment.

New rules for sex offenders: I’m glad that legislators replaced pointless sex offender residency restrictions that did nothing to protect children from predators, according to prosecutors as well as advocates for exploited children.  Too bad nobody listened to State Representative Ed Fallon, who was the only legislator to vote against the 2002 law and got bashed for that vote during his primary challenge against Boswell (see also here). Speaking of campaigns, Chris Rants was one of only three state representatives to vote against the new sex offender law. Will he make this an issue in the gubernatorial race?

Manure application during winter: On principle I think it’s a bad idea for legislators to interfere with the rulemaking process at the Department of Natural Resources. However, amendments greatly improved this bill from the version that passed the Iowa Senate. In fact, the new law includes tougher restrictions on liquid manure application than the rules that the DNR would have eventually produced. It’s important to note that these restrictions only apply to manure from hogs. Cattle farmers face no new limits on what to do with solid manure during winter.

Consumer fraud protections: Iowans rightly no longer need permission from the Attorney General’s Office to sue some types of businesses for fraud. Unfortunately, this law contains an embarrassingly long list of exemptions.

Nursing home rules: It’s pure chutzpah for House Democrats to write, “Nursing homes will face higher fines for incidents resulting in death or severe injury.” More like, nursing homes will no longer be fined for the violations most likely to result in death or severe injury, but are subject to higher fines for offenses regulators never charge anyone with.

Let’s end this post on a positive note. The septic tank inspection law approved during the 2008 session also takes effect today. Over time these inspections will reduce water pollution produced by unsewered communities in Iowa. Credit goes to the legislators who approved this bill last year and to Governor Chet Culver. He wisely used his line-item veto to block State Senator Joe Seng’s attempt to sneak a one-year delay of the septic tank inspections into an appropriations bill.

This thread is for any thoughts about Iowa’s brand-new laws. Probably none of them will be as controversial as the public smoking ban that took effect on July 1, 2008.

I missed this story earlier in the week, but caught it at the Huffington Post on Friday:

The Iowa Board of Pharmacy sidestepped a court ruling this week, which had ordered it to consider whether the state should reclassify marijuana as having medical value. […]

The effort to reclassify marijuana in Iowa is led by the American Civil Liberties Union and local medical marijuana users. […]

The pharmacy board was fully informed by assistant attorney general and counsel to the board Scott Galenbeck of its job. “Judge Novak’s ruling states,” Galenbeck read to the board, “‘The board must determine whether the evidence presented by petitioner is sufficient to support a finding that marijuana has accepted medical use in the United States and does not lack accepted safety for use in treatment under medical supervision.’ A couple sentences before that the judge stated if the board believes that evidence presented by petitioner was insufficient to support such a finding it should have stated such in its order.”

The board had previously rejected the ACLU effort. The civil liberties group appealed to the district court, setting up this week’s rematch.

Yet the Iowa board, instead of asking whether it has “accepted medical use in the United States,” asked whether Iowa should approve of it, which is not a question for the board but for the Iowa legislature.

A bill to legalize the medical use of marijuana was introduced in the Iowa Senate this year. More details about that are after the jump.

I haven’t written anything yet about Senator Chuck Grassley’s comments on the AIG bonuses. The whole episode was such an empty populist gesture. First he said the AIG no-goodniks should act like the Japanese and either offer a humble apology or kill themselves. Then he walked back his comments and said they should offer a sincere apology. That’s all? I’d like to see more strings attached to the Wall Street bailout program, which Grassley voted for.

The Twitterer for the Daily Iowan Opinion page had the best response to Grassley I’ve seen so far. After the senator explained that “I do want an attitude in corporate American that’s similar to what they have in corporate Japan,” DIOpinions commented, “Making failed American executives more like their Japanese counterparts would require massive pay cuts.” Don’t hold your breath until Grassley gets behind that.

Anyway, we’ll find out how much Grassley cares about getting taxpayers’ money back from AIG when the Senate votes on the bill the House of Representatives passed yesterday.

Follow me after the jump to read about Grassley’s recent comments on medical marijuana and health care reform.

Also, I can confirm that at least one Democrat is stepping forward to challenge Iowa’s senior senator in 2010. Details are below.