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State of Iowa
v.
Darryl Anthony Hurtt
Appellee
State of Iowa
Appellant
Darryl Anthony Hurtt
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Aaron D. Hamrock
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Clarke County, Thomas P. Murphy, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Bower, C.J. (7 pages)
On interlocutory appeal, Darryl Hurtt, a commercial truck driver from Missouri, challenges the denial of his motion to dismiss the charge of possession of a controlled substance (marijuana), claiming a violation of his right to freely travel and carry his prescribed medication while traveling through the State of Iowa. OPINION HOLDS: Hurtt has not preserved his claim that he has a “right to carry medication.” We are not persuaded Iowa’s regulation of controlled substances directly impairs Hurtt’s right to come into or leave the state and affirm the denial of his motion to dismiss.