DENVER
03/18/2010 05:12 am ET | Updated May 25, 2011

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