cannabisnews.com: State May Not Defend Measures on Medical Marijuana State May Not Defend Measures on Medical Marijuana Posted by FoM on November 10, 2000 at 08:05:28 PT By Kevin Flynn, DRMN Staff Writer Source: Denver Rocky Mountain News If you have visions of sitting back, smoking a joint, while watching to see if you've won the Powerball lottery, hold that thought for a moment. Colorado Attorney General Ken Salazar said Wednesday that he is undecided on whether to defend marijuana and gambling measures against lawsuits from opponents.Salazar says he leans in favor of defending the Powerball multistate lottery referendum, but he's waiting for his staff to complete an analysis of the constitutional issues. Opponents of Amendment 20, the medical marijuana initiative, don't have a legal challenge yet. But Salazar said the fact that marijuana possession is against federal law means he might have to consider not defending against a challenge."I know there are enough concerns about ... having a state program that is in violation of federal law," Salazar said. "I will at least consider the option of not defending it."Salazar, a Democrat, and Gov. Bill Owens, a Republican, opposed the gambling and marijuana measures.Generally, it is the duty of the attorney general to defend the outcome of an election. This sometimes results in strange pairings. In 1992, after state voters OK'd Amendment 2 to bar anti-discrimination laws for homosexuals, Gov. Roy Romer was obliged to defend the outcome, even though he strongly opposed the amendment.The legislature put the gambling proposal on the ballot and would be free to mount its own court defense of it.Lawsuits are expected to be filed against the Powerball referendum, with one coming from former legislator and gambling opponent Gerald Kopel. The measure, which allows the Colorado Lottery Commission to join with other states in offering huge multistate lottery payouts, may run counter to at least two requirements in the Colorado Constitution.Kopel said he will sue on grounds that the gambling measure requires that surplus revenue go to schools, which violates a constitutional provision that gambling surpluses go to the general fund.The constitution also limits Colorado to participating in lotteries it controls. Multistate lotteries, Owens argues, aren't under Colorado control.Dr. Joel Karlin, a leader of the opposition to the medical marijuana initiative, said his side will work with the legislature, the Colorado Department of Public Health and Environment and the state Board of Medical Examiners to see whether the program will get off the ground.In other states where medical marijuana laws have passed, the U.S. Justice Department has worked against implementation. In California, the federal government moved against doctors who wrote prescriptions for marijuana.But in Colorado, Amendment 20 got around that by not requiring doctors to write prescriptions. Instead, patients who want to smoke marijuana must have a doctor render an opinion that it might be helpful to relieve nausea and pain from certain ailments.Complete Title: State May Not Defend Measures on Powerball, Medical Marijuana Source: Denver Rocky Mountain News (CO)Author: Kevin Flynn, Denver Rocky Mountain News Staff WriterPublished: November 9, 2000 Copyright: 2000 Denver Publishing Co.Address: 400 W. Colfax, Denver, CO 80204Contact: letters denver-rmn.com Website: http://www.denver-rmn.com/Related Articles & Web Site:Coloradans For Medical Rights http://www.medicalmarijuana.com/Patients Inquire On Medical Pot http://cannabisnews.com/news/thread7620.shtmlVoters Approve Medical Marijuana http://cannabisnews.com/news/thread7601.shtmlCancer Survivor Used, Advocates MJ To Ease Painhttp://cannabisnews.com/news/thread7595.shtmlMarijuana Measure an Apparent Winnerhttp://cannabisnews.com/news/thread7594.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by Ed Carpenter on November 11, 2000 at 05:58:07 PT: State May Not Defend Measures on Medical Marijuana "I know there are enough concerns about ... having a state program that is in violation of federal law," Salazarsaid. "I will at least consider the option of not defending it."Speaking of federal law, I wonder if Colorado Attorney General Ken Salazar has heard about the tenth amendment to the Constitution:"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." [ Post Comment ] Comment #4 posted by nl5x on November 10, 2000 at 21:06:57 PT Dr. Joel Karlin did you read Amendment 20 ? Dr. Joel Karlin, a leader of the opposition to the medical marijuana initiative, said his side will work with the legislature, the Colorado Department of Public Health and Environment and the state Board of Medical Examiners to "see whether the program will get off the ground."Coloradans For Medical Rights 2000Except for patients applying pursuant to subsection (6) of this section, where the state health agency fails to issue a registry identification card within thirty-five days of receipt of an application or verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved, Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. http://www.medicalmarijuana.com/initiative.html [ Post Comment ] Comment #3 posted by mungojelly on November 10, 2000 at 15:28:57 PT: the AG is "undecided" The Attorney General is "undecided" on whether he feels like enforcing the law? Well, I guess this is nothing new; it certainly wouldn't be the first (or the last) time that a government official has put prohibition before respect for the law or the people. mungojelly [ Post Comment ] Comment #2 posted by D.J. Ray on November 10, 2000 at 13:29:39 PT: Is this worth it? Instead of concentrating on passing marijuana laws, we should focus on revamping our current electorial system and other more important issues like jobs, social security, taxes, foriegn policy and the fact that the country is split 50/50. I do not believe those in upper power will take the time out to even look at this issue. The battle is far, far from over. D.J. Ray [ Post Comment ] Comment #1 posted by FoM on November 10, 2000 at 08:48:39 PT E-Mail From Steve Kubby We are receiving lots of hits from the link you posted for us on your home page. Your website is outstanding and I am honored to be a part of it.Enclosed is an announcement about our new website.Thanks for the support!SteveKubby Defense Fund15 Monarch Bay Plaza, Box 375Dana Point, Ca 92629URL: http://www.kubby.comSubscribe: http://www.kubby.com/00-email.htmlE-mail: steve kubby.comFriday, November 10, 2000ALL NEW WEBSITE: THE KUBBY FILEShttp://www.kubby.comA new, completely redesigned version of 'THE KUBBY FILES' is now on-line for your viewing pleasure. The entire site has been upgraded to provide quick and accurate information, with fast loading and easy to read pages.Our new Home Page is linked to over 200 news stories and editorials about the Kubby case as well as video interviews:http://www.kubby.com/index.htmlAlso, check out our new AMMA HOME PAGE:The American Medical Marijuana Association:http://www.kubby.com/AMMA.html [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: