CO Board of Health Weakens Medical Marijuana Caregiver Rule at Stealth Hearing
“Significant responsibility for managing the well-being of a patient” means assisting a patient with daily activities, including but not limited to transportation or housekeeping or meal preparation or shopping or making any necessary arrangement for access to medical care or services or provision of medical marijuana. (my emphasis)Question: How long will it be good for? Colorado's State Administrative Procedures Act provides that resolutions passed at agency emergency hearings are generally only valid for three months. A copy of the revised rule passed today (and rule on emergency hearings) is here (pdf). A full public hearing will be held Dec. 16. When will the appeals (pdf) begin? [More...]
Rules adopted by an administrative or regulatory agency are presumed valid, and the challenging party has a heavy burden to establish a rule’s invalidity. Colo. Ground Water Comm’n v. Eagle Peak Farms, Ltd., 919 P.2d 212 (Colo. 1996). The invalidity of a rule may be established by demonstrating that a rulemaking body (1) acted in an unconstitutional manner; (2) exceeded its statutory authority; or (3) acted in a manner contrary to statutory rulemaking requirements. Section 24-4-106(7), C.R.S. 2006; Brown v. Colo. Ltd. Gaming Control Comm’n, 1 P.3d 175 (Colo. App. 1999).Original Post: CO Board of Health to Hold Stealth Meeting on Medical Marijuana: Via Sensible Colorado:
EMERGENCY ALERT-- PLEASE FORWARD WIDELY**
CO Health Board to vote on Tuesday (11/3) to Weaken Medical Marijuana LawIn an underhanded move, the Colorado Board of Health will be voting to weaken the medical marijuana law at an "emergency" meeting on Tuesday, November 3 at 10:30am in Denver. At this stealth meeting the Board will be voting to redefine what a "caregiver" is to require such individuals to provide supplementary-- and often unnecessary-- services beyond simply providing sick patients with medical marijuana.
This meeting, which was announced in a late afternoon email to a small handful of patient advocates, is another example of the state engaging in underhanded tactics in their effort to undermine the medical marijuana law and the will of the Colorado voters. Please help hold them accountable.
Here's How You Can Help:
(1) Attend the Meeting. This meeting will occur at 10:30am on Tuesday, November 3 in the Snow Room, 1st Floor Building A of the Colorado Department of Public Health and the Environment, 4300 Cherry Creek Dr. South, Denver CO.
(2) Call-in to the Meeting. While we strongly prefer that you attend in person, you can also call-in at 1-866-899-5399, conference code 3529725
(3) Spread the Word. Please tell friends and family to attend the meeting and forward this alert widely!
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