It Doesn't Count In Iowa

 In State v. Middlekauf, no. 21-0664 (May 27, 2022) an out of state traveler from Arizona was stopped for speeding and the smell of marijuana was encountered.

Pamela Middlekauf admitted to the officer that she had marijuana in her car and handed it over, but was sent on her way as she did not seem impaired. Later she was charged by trial information with possession of marijuana in violation of Iowa Code ch. 124.401(5) and convictedof a serious misdemeanor.

Middlekauf appealed, arguing that her Arizona issued medical marijuana registry card and certification constituted a prescription and thus an affirmative defense under 124.401(5).

The Court affirmed her conviction, stating that the documents did not constitute a valid prescription under Iowa law and precedent, and in fact as a schedule 1 controlled substance marijuana cannot be prescribed in Iowa.