Setback for CO Medical Marijuana Caregivers?

By Jeralyn, Section Colorado News
Posted on Thu Oct 29, 2009 at 02:17:28 PM EST
Tags: medical marijuana (all tags)

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The Colorado Court of Appeals today issued an opinion holding that medical marijuana caregivers must do more than merely provide pot and must have significant responsibility for providing for the well-being of their patients.

The case involved a woman named Stacy Clendenin, who in 2006 was charged with cultivating marijuana in a Longmont home. Clendenin argued that the marijuana she grew in the home was then distributed to authorized patients through marijuana dispensaries.

But the appeals court ruled that simply knowing that the end user of marijuana is a patient is not enough. Instead, the court said, a care-giver authorized to grow marijuana must actually know the patients who use it....In a special concurring opinion, Judge Alan Loeb wrote that Colorado's constitutional amendment legalizing medical marijuana "cries out for legislative action."

Actually, the opinion (available here, pdf) said the trial court ruled the caregiver must personally know the patient, and it was deciding the issue on other grounds. [More...]

The appeals court states the caregiver must do more than merely supply marijuana, they must have significant responsibility for providing for the well-being of the patient. It seems to me that one can significantly provide for the well-being of a patient without personally knowing the patient. One could provide housing, transportation, meal preparation, housekeeping services and access to medical care without a personal relationship. If a provider supplied these service, as well as marijuana, that should render them one who has significant responsibility for providing for the patient's well-being. For example, this dispensary in Basalt, Colorado (outside of Aspen) announced it will be offering "... chiropractic care, physical therapy, acupuncture, Digital X-Ray and MRI diagnostics, heart screening, holistic dentistry, a spa, gym and yoga center."

As to the concurring opinion that "cries out for legislative reform ", I think the judge is making the argument that while the constitutional amendment authorizes use and possession of marijuana for medical purposes, it fails to prevent criminal liability for those who supply it to patients and caregivers, requiring the patient and caregiver to engage in an illegal transaction to obtain it. In other words, we need legislation that allows state-licensed dispensaries or others to provide marijuana to