Denver Judge Invalidates Board of Health Restriction on Medical Marijuana Caregivers

By Jeralyn, Section Colorado News
Posted on Tue Nov 10, 2009 at 11:14:53 AM EST
Tags: medical marijuana (all tags)

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Update: Judge rules for medical marijuana advocates. He even awards them attorneys' fees. From Westword,the Judge said:

[T]he Board of Appeals violated an court order two years ago that agencies considering marijuana rule changes would first notify people impacted by the rule changes.
"By the evidence presented here today, I find that the defendants have violated the court order when in November there was a meeting without notice that complied with the law and the parties changed the rules," says Naves. "I find that there was no emergency. The justification for an emergency was a Court of appeals decision that was not even final. And the Court of Appeals could not use the [Board of Appeals rule in question]...

[More...]

"One concern I have two years ago, and it appears that the board did the exact same thing they promised not to do. One of the reasons they violated the rules is that they seem to forget the plaintiffs in this cae. In the transcript there isn't any mention of the plaintiffs in the case... These people have, without dispute, serious problems for which they have prescriptions for medical marijuana... there was no mention of the impact of this change on these people... There is no consideration of how plaintiffs and others who need medical marijuana would obtain it...
"So, again, I find that the Board in their November 3rd meeting violated the law. Therefore the rule change they enacted is invalid and void....
The defendants are enjoined from enforcing that modification until a meeting in compliance with the court order and open meeting act can be held."

Joel Warner at Westword is doing an excellent job of live-blogging the hearing underway before Judge Larry Naves in Denver District Court, challenging the State Board of Health's "emergency" hearing last week at which it amended the definition of "primary caregiver" to provide new restrictions.

Judge Naves preceded over the 2007 District Court decision that overturned the Board of Health's attempt to limited caregivers to five patients. He's saying he has the same concerns today he had then -- that the Board of Health did not seek needed public input before making these rules.

After 75 minutes of argument, Judge Naves is taking a 10 minute recess and will return to rule on the motion. Stay tuned.

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Denver Judge Invalidates Board of Health Restriction on Medical Marijuana Caregivers | 3 comments (3 topical)

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Good! (none / 0) (#1)
by MileHi Hawkeye on Tue Nov 10, 2009 at 12:21:54 PM EST

: I agree (none / 0) (#2)
by Zorba on Tue Nov 10, 2009 at 01:03:58 PM EST

Do you watch Law & Order? (none / 0) (#3)
by jbindc on Tue Nov 10, 2009 at 02:53:28 PM EST

They did a minor story line about medical marijuana. Lt. Van Buren has cervical cancer, so every week the audience sees a little of her struggle. On one of the latest episodes, her son brought her some marijuana to help her ease the nausea associated with chemo. As a cop, she was conflicted about it. In the next scene, her boss confronted her about it - said someone had complained that she smelled like it - and he told her to be careful. Then he surprised her by giving her breath mints, told her to change her clothes, and gave her the name of a discreet dealer where she could get more (and then told her he was a cancer survivor and the pot had helped him through).

I only bring this up because I am curious to see if they continue with this minor story line to give it the attention it needs - and interesting that they used it within the context of a police station.