cannabisnews.com: State Reviewing High-Court Ruling on Medicinal Pot





State Reviewing High-Court Ruling on Medicinal Pot
Posted by FoM on May 16, 2001 at 08:41:37 PT
By Karen Auge, Denver Post Staff Writer 
Source: Denver Post
Colorado's attorney general is reviewing the U.S. Supreme Court's medical-marijuana ruling to see whether it conflicts with a state law set to take effect June 1. Preparations to implement the law were put on hold Tuesday, and patients who had hoped they soon could buy and use marijuana openly are ready to retreat underground. "A lot of patients had been organizing and hoping to move forward" with buyers' clubs or organized distribution of the drug, said Martin Chilcutt, who backed the first effort to put the issue before voters in 1998. 
"Now it has to remain underground. It's foolish for any of us to stick our necks out" after the court's ruling, he said. T. Scott Pegues, executive director of the Colorado AIDS Project, said that before the ruling, AIDS patients also intended to form buyers' clubs. Now those plans are history. The nation's high court, ruling in a California case, found that federal law does not allow a "medical necessity" exception to prohibitions against distributing marijuana. The court did not strike down California's medical-marijuana law, but the ruling paves the way for authorities to close an Oakland cannabis buyers' cooperative. Colorado voters in November overwhelmingly approved a constitutional amendment that would allow possession of a small amount of marijuana. Under the law, a patient with a "debilitating medical condition" can, with a doctor's recommendation, be listed on a state registry and be issued a state identification card allowing the patient to possess a small amount of marijuana. The law did not establish a distribution system, so buying and selling marijuana is still illegal. Many patients claim smoking marijuana eases complications from AIDS, symptoms of multiple sclerosis and nausea caused by some cancer treatments. The high court's decision hasn't caused every Coloradan who wants to use marijuana to retreat underground. Despite the court's ruling Monday - which was the first day on the job for the Colorado health department official who will oversee the medical marijuana program - the department fielded five calls Tuesday from people requesting applications to participate in the program. Altogether, the state has received about 50 inquiries about the program since the November election, said Carol Garrett, state registrar of vital records. Nevertheless, plans to implement the program are temporarily on hold, pending the attorney general's review of the ruling, a health department spokeswoman said. Attorney General Ken Salazar hopes to have the analysis completed soon, said spokesman Ken Lane. Lane declined to say whether the implementation of Colorado's new law will be postponed. Staff writer Allison Sherry contributed to this report. Newshawk: nl5xSource: Denver Post (CO)Author: Karen Auge, Denver Post Staff Writer Published: Wednesday, May 16, 2001Copyright: 2001 The Denver PostContact: letters denverpost.com Website: http://www.denverpost.com/Related Articles & Web Site:Coloradans For Medical Rights http://www.medicalmarijuana.com/House Gives Initial Approval To Implementing Planhttp://cannabisnews.com/news/thread9252.shtmlMarijuana Use Rules Spelled Out http://cannabisnews.com/news/thread9202.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #2 posted by nl5x on May 16, 2001 at 16:05:29 PT
 no problem
Except 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. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.http://www.medicalmarijuana.com/initiative.html
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Comment #1 posted by nl5x on May 16, 2001 at 15:37:43 PT
amd. 20 ?
note: Preparations to implement the law (amd. 20) were put on hold Tuesday.
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