Stacy Clendenin NOT A 'Primary Care-Giver,' Should Face Marijuana Charges: Court

The Colorado Court of Appeals ruled Thursday that selling medical marijuana to licensed patients does not qualify someone as a "primary care-giver," and thus does not necessarily shield them from state and federal marijuana laws.

At issue was whether Stacy Clendenin, a Longmont woman, was subject to charges for cultivating marijuana plants in her home, even though the was selling exclusively to licensed medical marijuana patients. She argued that this qualified her as a "primary care-giver," making her growing operation legal.

The court's decision read:

In this case, we conclude that to qualify as a "primary care-giver," a person must do more to manage the health and well-being of a patient who has a debilitating medical condition than merely supply marijuana.

The Denver Post reports that the ruling "could change the process now in place to supply the burgeoning medical marijuana industry in Colorado."

Attorney General John Suthers, a Medical Marijuana foe, praised the decision:

"I am pleased to see the Court of Appeals' has provided legal support for our case that a caregiver, under Amendment 20, must do more than simply provide marijuana to a patient. I also was pleased to see the assertion in the special concurrence that Amendment 20 'cries out for legislative action.' I could not agree more. I hope the legislature will act and create a regulatory framework that gives substance to the Court of Appeals' findings."

Read the entire ruling below:

20091029_MedMarijuana

Comments

[zonker2012]

08:12 PM on 11/13/2009

Clearly, the AG of CO is a T001

[feralcamero]

10:19 PM on 11/03/2009

As others have noted, this appears to be a very narrowly defined verdict involving a very specific case. This ruling, as it says itself, does not apply after Aug. 2009. In August of 2009, the Colorado Dept. of Health defined a caregiver as one who procures or grows pot for a MM patient. The defendant was arrested prior to this amendment... though you'd think they would have shown some leniency regarding the spirit of the law.

I think it would be of more concern if the legislators embrace an anti MM stance based on hysterics about increased robberies/crime, etc. and start legislating from a place of fear. Likewise the Dept. of Health.

I am all for level-headed legislation that improves clarity and seeks to enhance Colorado's MM law, not diminish it against the intent of our constitution.

[RevRayGreen]

08:30 AM on 11/02/2009

Jessica Corry 4 Governor Colorado

Jessica Corry Speaks on Marijuana Prohibition and the Growing National Debt on FOX no-less......


http://www.youtube.com/watch?v=H9fZeMGacFo

[PrairieView]

10:40 AM on 10/31/2009

Part of the problem is that even though the state Constitution allows use of marijuana and caregivers to grow it, the anti-democratic politicans are trying to subvert the law of the land. One way they do it is by continuing to increase the fees they charge for annually renewing the certificates.

In this case the only penalty should be to pay the fee for the certificates, not to be thrown in prison as a drug dealer.

The real solution is a state-wide citizens initiative to legalize all uses of hemp. To all hemp-haters: Hemp, Love it or Leave It.

[confidance government]

05:03 PM on 10/30/2009

Judge Lichenstein comments are interesting to read. Despite concurring with the technical arguments presented, he does recognize the inherent flaw in that the law does not clearly distinguish between those growing to distribute in the medical vs. black markets.

I propose that activists in Colorado push to resolve this flaw in the current law by reecognising the legitimacy of those operations supplying the medicinal community.

[AAKAlan]

04:51 PM on 10/30/2009

One question pops into my mind: what's in it for the buttinskys who work so hard to make other peoples' lives miserable?

Why is there an anti-pot organization? Why do their members dedicate a huge chunk of their lives and resources to force other people to behave their way? What's hidden in them, what's wrong with them that they feel compelled to make other people suffer the way they do?

Think about the Phelps family, that supposed "church" that pickets military funerals because (and this is to quote them) "God hates f*gs". What is so twisted in their own psyches that they need to dedicate their lives to attack homosexuals? Perhaps their own lingering desires?

Hey, all you psychotic people who need to control other peoples' lives: get a life or fix your own. Leave the rest of us in peace!

[PrairieView]

10:36 AM on 10/31/2009

Hate has a lot to do with it.

[Reio2288]

05:11 PM on 11/02/2009

Moral Majority, NO pot, NO gays, NO health care, NO CHANGE...Its got to BE and STAY just as leave it to beaver was. Otherwise anyone could actually pursue life, liberty and happiness. Well crap we can't have that now can we.

[zonker2012]

08:14 PM on 11/13/2009

That is not true. Ted Haggerty was a member of the "moral majority", as was Mark Foley

[confidance government]

04:45 PM on 10/30/2009

Please appeal this decision as it turns the supply over to the black market.

[humanbeing-rick]

11:10 AM on 10/30/2009

The old school prohibitionists just will not give up, even in the face of the will of the people.
This is judicial activism, if there ever was one. It flaunts the will of the people, and the laws we have passed as compassionate people for medical marijuana patients. The courts are attempting to dismantle the law by preventing a medical marijuana patient the right to be assigned a medical marijuana supply or dispensary, as required by law.
It is double jeopardy for any one who tries to supply the medical marijuana to the patients.
Who can legally grow and supply the medical marijuana now?

Attorney General Suthers should be properly dressed down for his treacherous statements and legal manuevering.
Save Stacy from prison, and save our medical marijuana choices!

[ddDinah]

10:43 AM on 10/30/2009

CONSERVATIVE is American, LIBERAL SOCIALISTS AIN'T. I was a Democrat, a Conservative Dem, the New Democrat Socialists Party has sent me to the other side. I've decided to be a Democrat in these days is bending to Socialism WHICH IS NOT AMERICAN. The New Democrat Socialist Party has sent MODERATE DEMOCRATS to side with Republicans. If I have to chose between being a SOCIALIST and being an AMERICAN I chose that which is more American, WHICH IS REPUBLICAN...

[AAKAlan]

04:52 PM on 10/30/2009

Whatever you're smoking, I definitely do not want to try!
Taken your meds today?

[Jay Adams]

04:53 PM on 10/30/2009

Yes, Republicans who take money from Corporations and gut the freedoms of the American people are truly the 'real Americans'.

Being liberal and wanting freedom, and a govt of the people for the people is as far away from true american ideals. I just don't understand why people who think that limiting freedoms in the 'most free country in the world' think they are being Amercian.

[jay1975]

10:37 AM on 10/30/2009

Medical marijuana is being sold for ear aches here in Colorado. There are many who are abusing the priveledge afforded those who are in constant pain. There was an expose yesterday about how anyone can get maedical marijuana with a doctors note and $50. Keep abusing the system and watch it disappear.

[RevRayGreen]

11:05 AM on 10/30/2009

marijuana can replace 17-52% of OTC or prescription meds without the side-effects or damage from long term use.

These reporters and cops getting recommendations just to out a business are breaking the law.

[InYourWorld]

06:25 PM on 10/30/2009

As a person who smoke LOTS of marijuana when I was younger I can say that it is good for certain pains, but lost og OTC meds are way better. Antacids, ant inflammetories, sleeping pills (I cat sleep on weed, many are opposite), muscle relaxers, etc.....

[confidance government]

05:39 PM on 10/30/2009

"There are many who are abusing the privilege afforded those who are in constant pain."

You make the erroneous assumption that one's decision to ingest what they see fit is a privilege given by the government, not a natural right manifest in that it is the individual that owns their body.

If one does not harm others by their actions, their actions should entail no legal penalty.

[RevRayGreen]

02:09 AM on 10/30/2009

she really should've left the appeal alone. She served her OG probation in 2008.

Now I understand the principle of it, so end the semantics and legalize it already.

[PlaceboStudman]

01:18 AM on 10/30/2009

This may be a temporary hit to the MedMar business in Co, but in the long run, this could work to the benefit of supporters of this law, as the revisions of the law can help future states in their managing of potential medical marijuana laws

[SpeedRoach]

10:49 PM on 10/29/2009

revraygreen is a shill...ignore the bast.ard

[Nicon]

11:06 PM on 10/29/2009

Why do you say that?

[RevRayGreen]

02:05 AM on 10/30/2009

I'm right here, watch the video, I am all thrill no schill.

Iowa Board of Pharmacy Medical Marijuana Public Hearings promo-video

http://www.youtube.com/watch?v=XorlUPNQqq8


Here is my testimony from Iowa City October 7th 2009

Iowa Board of Pharmacy Hearing on Medical Marijuana

http://www.vimeo.com/6996770

[cavitywall]

10:26 PM on 10/29/2009

There is no greater threat to the continued dumbing down of America than increasing numbers of pot smokers. Pot simply amplifies ones basic nature, elevating thoughts for visionaries and confusing non thinkers. The more people pierce their veil of illusion, the less effective the media whitewash becomes.

Imagine republican wing nut christians having their hypocrisy exposed!

[Bradson]

07:41 AM on 10/30/2009

The coming legalization of cannabis in all it's forms will be the sign that human consciousness has evolved. You are so right that it's personal use is a threat to the grand illusions that pass for reality in our media, religion and alcohol-obsessed culture, and it's industrial and medical uses will become mainstays in our economic and physical well-being.

[Niet]

09:48 PM on 10/29/2009

The war on drugs is a war on your civil liberties. It has established a para-military police force and constant surveillance (even before the patriot act or warrentless wiretaps they were flying blimps over heavily populated areas with infra-red surveillance equipment to spot grow operations. It supplies violent gangs with all the funding they need to arm themselves to the point of rivaling police and military.

Just freaking end this non-sense already.

[PrairieView]

10:43 AM on 10/31/2009

You would think that the wars in Iraq and Afghanistan would provide enough entertainment for those who want to persecute others. Legalize hemp. If you want to hate and persecute others, join the military. Jeez.