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Deputies charged 46-year-old Stephen Andrew Rank with possession of marijuana and possession of drug paraphernalia after quantities of the drug were found at 207 East Second Street, where he lived. Rank is a two-term city council member in the town of 634 residents. His current term is set to expire in 2011.
Everly City Attorney Don Hemphill said a council member's resignation is not mandatory if the charges are not felonies. The marijuana possession charge is a serious misdemeanor and the possession of drug paraphernalia charge is a simple misdemeanor.
Even if more serious charges emerge from the ongoing investigation "the presumption of innocence prevails," and Rank could stay on the council, according to Hemphill.
"At this point he's charged, not convicted," the attorney said.
The Clay County Sheriff's Office was at Rank's house from about 3:30 p.m. Monday until 4:46 p.m. Sheriff Randy Krukow said investigators uncovered "a couple of different stashes" of marijuana at the location. The search was part of an ongoing investigation over several months, according to the sheriff.
"He was suspected of using and there were people visiting the house and whatnot," Krukow said. "It's one of those things: It's ongoing and we're not done yet. I can't elaborate a whole lot at this point."
Deputies were assisted by the Clay County Attorney's Office, Iowa Great Lakes Drug Task Force, and the Iowa State Patrol.
Rank was released on $1,300 bond and the Everly City Council has a regular council meeting Monday night to consider Rank's resignation.
He said he may not have been able to complete his current term in office regardless of the recent arrest. Rank had already resigned his position on the Northwest Iowa Solid Waste agency and scaled back other roles, with plans to move to the East Coast to care for his aging parents.
"I was on the landfill board and that position has been filled by another council member," he said. "Technically, I'm still on the council. If they wish me to resign, I certainly will. I already was planning on resigning."
Rank was careful to not admit marijuana use directly, but said he was diagnosed with Crohn's disease in 1992 and suffered from a "constant gut ache for years." Advocates for the medicinal use of marijuana believe the plant can ease the symptoms of Crohn's disease, including severe abdominal pain, weight loss and nausea.
"Crohn's disease is one of the top diseases listed," as a good candidate for marijuana treatments Rank said.
The councilman said he tried essentially all of the Crohn's medications legally available, and believes Iowans shouldn't have to choose between breaking the law and getting a treatment that may help them.
"Granted, that's not a defense in Iowa because Iowa will put you in jail, or fine you, even if it's for medical uses," he said.
He later added: "The citizens of the great state of Iowa, as well as the rest of the country, should be able to have medical treatment of their choice afforded to them. If marijuana happens to be the medication, then that should be allowed. The state of Iowa doesn't allow it. The state of Iowa is talking about it, but once again, sick people, people with chronic incurable diseases or people who are going to die of cancer, AIDS, go blind with glaucoma, et cetera, should not be in fear of being arrested, publicly humiliated, going to jail and paying lump sums of money (in fines) to treat themselves."
If the fellow members of the council choose to overlook Monday's arrest, Rank, who has helped with ambulance purchases and park expansions in the city, said he would be willing to remain in office.
"I would be honored to serve," he said.
