I.A.C. l0.13(1)-(6).  The assistant county attorney's reliance on
     657 I.A.C. 10.5(1) is misplaced because that rule applies only to
     applications to the board pursuant to 657 I.A.C. 10.5 by persons
     who want the board to recommend that the general assembly revise
     the schedules to except listed substances or add new substances.
          In short, the board of pharmacy examiners has two options
     under Iowa's Uniform Controlled Substances Act.  If the board
     agrees that marijuana has currently accepted medical use, it can
     and should adopt any rules necessary to regulate that use.  If the
     board finds that marijuana has no currently accepted medical use,
     it can and is required to recommend to the general assembly that
     it be deleted from Schedule II and that the exceptions to its use
     for medicinal purposes be deleted from Schedule I.  If the general
     assembly adopts the board's recommendation by amending Schedules I
     and II and the Governor approves those amendments, marijuana will
     once again be solely a Schedule I controlled substance under Iowa
     law with no exception for medicinal uses.
          Just as soon as that happens, it will be appropriate to
     review defendant's probation as the Court's order of July 14
     provided.
          IT IS THEREFORE ORDERED that the assistant county attorney's
     motion for reconsideration is denied.
          August 13, 1997.
          JON FISTER, JUDGE
          FIRST JUDICIAL DISTRICT
     cc:  counsel
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