Medical Marijuana In Colorado: Judge Voids Board Of Health Decision

DENVER — A judge overturned tight restrictions Tuesday on Colorado medical marijuana providers, saying state health officials had ignored the needs of patients and violated open meetings laws while imposing the rules.

The ruling by Denver District Judge Larry Naves means medical marijuana providers can continue supplying the drug to registered users without having to provide any other care, as a state Board of Health vote last week would have required.

It was another setback for health officials struggling to regulate Colorado's growing medical marijuana industry, which sprang up after voters approved a constitutional amendment in 2000.

Colorado now has at least 11,000 people registered with the state as medical marijuana users.

Naves was sharply critical of the Board of Health and at times appeared impatient with arguments by Anne Holton, a first assistant attorney general representing the board.

"Did this board ever think about the impact on the health of people like these people here?" he asked, referring to a medical marijuana user and provider in the courtroom who had challenged the new requirements.

Holton said the board was only trying to clarify restrictions for users and providers alike, and the action was only temporary while officials settled on long-term requirements.

"It's not temporary if you're trying to down 30 pills," Naves retorted, referring to testimony by a patient in an older, related case who said he can't keep his numerous medications down without marijuana.

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The latest skirmish over regulation began in August, when the health board decided anyone who supplies marijuana to a registered user meets the criteria to be an authorized caregiver.

Last month, however, the state Court of Appeals ruled in a criminal case that a woman convicted of marijuana charges didn't qualify as a caregiver because she provided only the drug and no other health services, as some other states require.

The Board of Health then suspended its August decision and temporarily accepted the stricter requirements set by the Court of Appeals.

Attorney Richard Corry asked Naves to stop the move, saying the board didn't give enough public notice of the meeting.

Corry also argued that the Court of Appeals judges said their ruling applied only to the criminal case.

Naves agreed, saying the court ruling didn't apply to the state's requirements. He also ruled the board didn't give enough public notice to comply with state law.

Holton didn't know if the state would appeal.

The Board of Health previously scheduled a Dec. 15 meeting on the same issue.

Comments

[fleaba]

This is probably backed by big pharma. Think about it.

[Durango]

How many times have you heard of an attorney coming out of a meeting declaring it BS and threatening to sue.

And then being successful the NEXT WEEK?

Never?

This is an excellent ruling upholding the Colorado Open Meetings Law.

A subject near and dear to my heart.

[amaboss52]

Judge Naves rocks.

[mav4499237]

Uh.....I forgot what I was gonna say....

[amaboss52]

Put down that bong.

[Bradson]

It's good to hear that common sense and the realities of cannabis use are being recognized by judges. Eventually, even the DEA will have to bow to the many rulings against their policies and interpretations of law. And, as many of you have noted time and again, this plant is not causing much harm at all...never has. That means that all these MMJ laws and restrictions will become moot when the plant is re-legalized and responsible adults are free to grow and use this non-toxic herb however they wish. That includes farmers who are still prohibited from planting hemp in this country even though it has countless industrial and nutritional applications and has no "drug" value.

[1differentdrummer]

This is sure a crazy world. You can buy a jug of vodka legally and drink yourself stupid but you could go to jail for a small weed offense, I guess depending on the jurisdiction. Park County is an example of a place that will put you into the slammer pretty easily. It makes no sense.

[tucsoncindy]

Wonderful...what is the rest of the Country waiting for. Think of it this way...Fats Corp. Kats
will not have the market on us slaves anymore. Free Market.

[edva]

A little whiff of freedom. Refreshing.

[Geronimo08]

Finally a judge who will focus on the health care challenges of the patients instead of the bureaucracy of the state! Way to go Judge Naves!

[Z-Liberator]

America will not be a truly free country until we drop these insideous rules!

[Veganie]

Judge Naves is a caring man. Marijuana does many people good, doesn't damage them like alcohol. And it's not addictive as some fanatics would try to make us believe.

[amaboss52]

Judge Naves is a long time customer of mine (nothing to do with med marijuana). He is a long time sitting judge that is fair minded and very tough. Love the way he took them to the woodshed.

[LREKing]

"Federal spending on marijuana-related activities -- primarily enforcing criminal policies prohibiting the drug's use -- cost taxpayers nearly $4 billion annually"

http://stopthedrugwar.org/chronicle-old/394/taxpayers.shtml

[Rick72212]

When the 4 billion could be spent on something else...I call it a 8 billion loss

[Durango]

Unbelievable isn't it?

Take that $4 billion add the tax dollars that could come from legal marijuana and I would bet we could pay for health care for each and every person in America.

[SmolderingRuin]

You can't stop this wave. People are finally waking up, and it's about time!

[Javaline]

Pharmacists dispense medicine to individuals without a requirement that they be caregivers to their customers, so why should someone who grows and dispenses marijuana be required to do so? Someone may be a real whiz at growing plants but not know the first thing about taking care of chronically ill people. One can only imagine the disastrous scenarios if that ruling had been concrete.

[Nicon]

The Board of Health is not alone here, Colorado right now is looking at a number of Bills that would limit or further regulate Medical Marijuana in CO. At least one of these bills is focused on packing as much responsibility in to the term CAREGIVER as they can. This is far from over, until more people realize that Marijuana is not only good medicine, but Safe medicine, we will continue to have crazy problems like this one.

[Geronimo08]

I totally agree! As far as I am concerned there is NO difference between a Walgreen's pharmacy putting pills in a bottle and dispensing them and the person who is filling the medical marijuana prescription! If Walgreen's, et al., doesn't have to be a "care giver" then neither should the medical marijuana dispensaries be so required!

[nicholasjh1]

Yeah there is also a law saying that the state will take over growing.

[Hank007]

Eventually it gets hard to regulate plants. They tend not to know the laws.

[Nicon]

At least out Judges are not consumed with reefer madness. The Board of Health was way outa line here, glad they were put back in their place.

http://www.youtube.com/watch?v=5aKurjW-e_o