Court Says MMJ Growers Must Have Patient Contact
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Court Says MMJ Growers Must Have Patient Contact
Posted by CN Staff on October 30, 2009 at 06:19:01 PT
By Felisa Cardona, The Denver Post
Source: Denver Post
Denver, CO -- The Colorado Court of Appeals redefined the role of medical-marijuana caregivers Thursday in a ruling that says growers must have more meaningful contact with patients than simply providing the drug.The court upheld the conviction of Stacy Clendenin, who in 2006 was charged with cultivation of marijuana in her Longmont home, which is a felony. Clendenin argued that the marijuana she grew was distributed to authorized medical-marijuana patients through dispensaries. The court found that Clendenin needed to know the patients.
In a special concurring opinion, Judge Alan Loeb wrote that Colorado's Amendment 20, which legalized medical marijuana, "cries out for legislative action" because it is vague in regulating the roles of caregivers.Clendenin's attorney, Robert Corry, said he plans to appeal the ruling to the Colorado Supreme Court and said the decision has only a narrow impact."The ruling only applies to those who went to trial before July when the state medical board agreed that caregivers could simply provide marijuana," Corry said. "This ruling does not affect people that are in business right now. That being said, I represent a number of clients, and I will be advising people to meet their patients in person, in the abundance of caution."Mike Saccone, a spokesman for Colorado Attorney General John Suthers, disputed Corry's statement that the decision is limited to Clendenin and a few others charged before July. He said that the attorney general believes the court's interpretation of the state's constitution trumps any actions by the state medical board."The decision speaks for itself," Saccone said. Snipped   Complete Article: Denver Post (CO)Author: Felisa Cardona, The Denver PostPublished: October 30, 2009Copyright: 2009 The Denver Post CorpWebsite: openforum denverpost.comCannabisNews Medical Marijuana Archives 
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Comment #32 posted by FoM on November 01, 2009 at 16:37:39 PT
We took this picture today. He has flying ears.
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Comment #31 posted by Hope on October 31, 2009 at 17:01:06 PT
Spooky stuff
Coast to Coast AM
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Comment #30 posted by Hope on October 31, 2009 at 16:59:01 PT
Mutual blessings there.
No doubt.
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Comment #29 posted by FoM on October 31, 2009 at 16:33:19 PT
He is a very good dog. He's all rottweiler and has a strong will but he isn't mean. He is a nag just like Kaptin was so that makes us smile. Sassy and him get along very well. I got an email from a man last night who bought one of his pups that she was selling. He died 5 days after they got him from Parvo. I think we really saved Mufasa from a very hard life. 
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Comment #28 posted by Hope on October 31, 2009 at 16:14:33 PT
He looks so intelligent and responsible.
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Comment #27 posted by FoM on October 31, 2009 at 16:09:41 PT
It's hard to make my dog look spooky. He always seems to be smiling. LOL! Boo! It's Halloween!
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Comment #26 posted by Hope on October 31, 2009 at 15:54:03 PT
Are you trying to scare us?
Lol!To use a phrase widely used by investigators of the paranormal world. "What the .... was that?"
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Comment #25 posted by Hope on October 31, 2009 at 15:50:11 PT
Good comments on this thread
at a prohibitionist's blogspot.Marijuana in The News
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Comment #24 posted by FoM on October 31, 2009 at 14:56:31 PT
I'll give it a try after dinner. Thank you! 
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Comment #23 posted by Hope on October 31, 2009 at 14:36:03 PT
Disable the red eye reduction on your camera.
He'd be more halloweeny if he had a red glow to his eyes.You have a good one, too.
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Comment #22 posted by FoM on October 31, 2009 at 14:02:29 PT
Happy Halloween Everyone!
I hope everyone is having a nice day.
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Comment #21 posted by Hope on October 31, 2009 at 08:54:56 PT
Charmed Quark's PBS show.
Very good. He, the Botanist, even explains why he thinks "capitalistic" societies love the effects of the plant drugs, coffee and tea, but the heads of a capitalistic society aren't as keen on cannabis. I don't agree with what he says about the cannabis plant making a person not desire to work. I disagree. Of course, as far as the cannabis plant is concerned, I've always appreciated it's stimulant effect most of all.
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Comment #20 posted by Hope on October 31, 2009 at 08:14:47 PT
"Apples, tulips, cannabis and potatoes"
That's very interesting, CQ.
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Comment #19 posted by FoM on October 31, 2009 at 06:58:03 PT
charmed quark
It's a rainy chilly day and perfect to watch a good video. Thank you.
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Comment #18 posted by charmed quark on October 31, 2009 at 06:20:51 PT
Bontany of desire - video forgot to post the link to the full video ( it's also on PBS TV right now). It's about 4 plants - apples, tulips, cannabis and potatoes and how we have shaped each others reality.It's an interesting conceit that cannabis has, to some degree, controlled human development just as we have controlled its development and spread.It's also interesting that a mainstream TV program talks about cannabis without any propaganda, just considering it as an important plant. Times are a changing.
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Comment #17 posted by Hope on October 31, 2009 at 00:20:01 PT
Good to see you!From the article you posted: ""In a letter he [Alan Johnson] expressed surprise and disappointment over Professor Nutt's comments which damage efforts to give the public clear messages about the dangers of drugs.""Damage efforts to give the public clear messages about the dangers of drugs"?"Clear messages", eh?At least he didn't say, "The truth". It's obvious that the "Clear messages" that the government wants "to give the public" are nothing but lies. They want to keep the income from fines and imprisonment coming in without a hitch, I guess. Their favorite... "Protecting the children", is a big lie, too. I can't help but think that most if not all of the ecstasy deaths they are offended at could have been prevented if the "children" hadn't been lied to and if they hadn't been so afraid of the government's repercussions against them that they didn't get the help they obviously needed.What happened to the truth? What happened with honest information and letting free people make their own choices?Controlling the "Public" through repression, fear tactics, and outright lies has become what lawmakers and government are all about in this "Modern" and "Enlightened" age.Will there ever be enlightenment? Will their ever be a new renaissance for humanity? How long will it take to get out of this new "Dark Age"?The people in the UK can't trust their government and the information and "clear messages" it sends them. The same goes for the people of the USA and most of the world. This drug war/prohibition, this disastrous and destructive government policy, particularly as pertains to cannabis, is going down, ultimately, world wide, as one of the absolutely craziest and most convolutedly destructive ideas to ever be perpetrated on the people of the entire world in known history.
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Comment #16 posted by legalizeit on October 30, 2009 at 20:46:07 PT
OT: UK drug adviser fired for telling the truth
Hi, Long time no see! It's so awesome to see the advancements in attitudes towards Cannabis, thanks in large part to the Internet and sites like C-News!I just wanted to pass on a disturbing article I saw on Reddit tonight (try not to laugh at the headline...) It underscores the fact that the entire foundation of prohibition is based on LIES. The "paper" quoted in the article was published in nothing less than The drug adviser David Nutt sackedProfessor David Nutt, the government's chief drug adviser, has been sacked a day after claiming that ecstasy and LSD were less dangerous than alcohol.Nutt incurred the wrath of the government when he claimed in a paper that alcohol and tobacco were more harmful than many illegal drugs, including LSD, ecstasy and cannabis.A Home Office spokesperson said: "The home secretary has asked Professor Nutt to resign as chair of the ACMD [Advisory Council on the Misuse of Drugs]."In a letter he [Alan Johnson] expressed surprise and disappointment over Professor Nutt's comments which damage efforts to give the public clear messages about the dangers of drugs."We remain determined to crack down on all illegal substances and minimise their harm to health and society as a whole."Nutt had criticised politicians for "distorting" and "devaluing" the research evidence in the debate over illicit drugs.Arguing that some "top" scientific journals had published "horrific examples" of poor quality research on the alleged harm caused by some illicit drugs, the Imperial College professor called for a new way of classifying the harm caused by both legal and illegal drugs."Alcohol ranks as the fifth most harmful drug after heroin, cocaine, barbiturates and methadone. Tobacco is ranked ninth," he wrote in the paper from the centre for crime and justice studies at King's College, London, published yesterday."Cannabis, LSD and ecstasy, while harmful, are ranked lower at 11, 14 and 18 respectively."Nutt said tonight he was disappointed by the decision but linked it to "political" considerations. "It's unusual political times, I suppose, elections and all that. It's disappointing," he told Sky News. "But politics is politics and science is science and there's a bit of a tension between them sometimes."Nutt clashed with Jacqui Smith when she was home secretary after he compared the 100 deaths a year from horseriding with the 30 deaths a year linked to ecstasy.Smith also ignored the recommendation of Nutt's advisory committee that cannabis should not be reclassified from class C back to class B, leading to heavier penalties.He criticised Smith's use of the "precautionary principle" to justify her decision to reclassify cannabis and said that by erring on the side of caution politicians "distort" and "devalue" the research evidence."This leads us to a position where people really don't know what the evidence is," he said adding that the initial decision to downgrade the classification of cannabis led to a fall in the use of the drug.Nutt acknowledged there was a "relatively small risk" of psychotic illness linked to cannabis use. But he argued that to prevent one episode of schizophrenia it would be necessary to "stop 5,000 men aged 20 to 25 from ever using" cannabis.Nutt also renewed his support for reclassifying ecstasy from a class A drug to class B, saying the advisory committee "won the intellectual argument" over the issue but obviously didn't win the decision after the home secretary vetoed the move.He said the quality of some research papers about cannabis and ecstasy was so poor the articles had to be retracted.Richard Garside, director of the centre for crime and justice, said Nutt's briefing paper gave an insight into what drugs policy might look like if it was based on the research evidence rather than political or moral positioning.Garside added: "I'm shocked and dismayed that the home secretary appears to believe that political calculation trumps honest and informed scientific opinion. The message is that when it comes to the Home Office's relationship with the research community honest researchers should be seen but not heard."The home secretary's action is a bad day for science and a bad day for the cause of evidence-informed policy making."
Government drug adviser David Nutt sacked
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Comment #15 posted by Hope on October 30, 2009 at 19:38:58 PT
Herbdoc Comment 10
They really do have a very hard time if they go public while they are working as officers. And then, they have to face, that if they do quit law enforcement, because they think this harshly punished law is wrong... then there is no one like them, that cares about what is happening, that works on the inside. I think it's probably better that they stay even though it's no doubt difficult and even if they can't say much. It's a hard decision and hard situation to work in. I think there are more than a few officers, probably, that are in that position. Maybe not many. But I think they exist.Maybe.
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Comment #14 posted by EAH on October 30, 2009 at 18:06:52 PT:
vague initiatives and caregivers
Colorado has a similar problem as CA. The initiatives are much too vague. The people who wrote them thought being vague would make it more difficult to successfully prosecute people. Unfortunately the opposite is true. The vagueness provides no protection in court. It's like this, if the laws have worked a certain way for a long time, and have plainly made specific acts illegal, then any attempt to carve out legal exceptions is going to have to be VERY detailed and specific in doing it. Otherwise if judges don't see plain language they understand then they are going to rule against the defendants. 
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Comment #13 posted by FoM on October 30, 2009 at 18:00:09 PT
charmed quark
Thank you for the link. It looks really interesting.
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Comment #12 posted by charmed quark on October 30, 2009 at 17:26:42 PT
OT: PBS- Cannabis, The Botany of Desire fun to read ...
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Comment #11 posted by tintala on October 30, 2009 at 15:41:45 PT:
Tony the investigator FAILED miserably to mention that patients who get their narcotic meds from the pharmacy, dont shake hands nor does the pharmacy come and help clean house , do laundry, whatever.... they never shake hands and say i look forward to selling you your pain meds.ONE BIG FAILURE to mention the state fees: albeit 90$ , never was mentioned that the STATE GLEEFULLY ACCEPTS all fees for red card holders in Colorado. by this time take the number of card holders x the 110 or 90$ fee, that's alot of cash the state sees just from issuing red cards alone. He also failed to mention that cannabis is safer than the pills that most people take due to their chronic conditions... but would it hurt for the investigator to mention that if cannabis were legal in the first place there would be no abuse of the system,, people abuse scripts all the time.....and die.
To have to know a card carrier, is totally absurd... my pharmacy never took me to the movies.guess this move will initiate more black market grows. IDIOTS!
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Comment #10 posted by herbdoc215 on October 30, 2009 at 15:36:24 PT
I can be the first to admit when I'm wrong...
I would like to revisit some of my past statements in light of this story being suppressed by Main stream is a REAL active policeman who is a member of LEAP and one whom deserves our support for crap he's taken for his stance! READ can we stop these tactics? peace, steve
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Comment #9 posted by FoM on October 30, 2009 at 14:27:14 PT
Colo. Ski Town Could Push Marijuana Legalization
October 30, 2009URL:
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Comment #8 posted by FoM on October 30, 2009 at 10:45:45 PT
Summit County Calls Time Out On Pot Dispensaries
October 30, 2009Breckenridge, Colo. (AP) -- The Summit County commissioners have imposed a 120-day moratorium on new medical marijuana dispensaries in unincorporated areas. It's the latest local government to call a time out so it can figure out how to regulate the business.Colorado voters approved medical marijuana in 2000, but local governments can control where the dispensaries can open.The Summit County commissioners approved a moratorium this week. A half-dozen other counties and towns have also imposed moratoriums or are considering them.The Summit County town of Silverthorne approved its own rules for marijuana dispensaries this week. A moratorium there is set to end Nov. 10.Silverthorne's rules govern where dispensaries can operate and where medical marijuana can be cultivated.Information from: Summit Daily News: 2009 The Associated PressURL:
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Comment #7 posted by Sam Adams on October 30, 2009 at 09:31:07 PT
Big Pharma and caregivers
Was Merck there? Holding the hands of all 40,000 people as they fell to the ground holding their chest, dying? The restrictions for herbal medicine have no bounds! You can't manufacture the medicine unless you're personally taking care of the sick person - Big Pharma would have to send patients to China for this!
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Comment #6 posted by dongenero on October 30, 2009 at 08:16:22 PT
Grandpa Bandit
Bank robbers can run, or shuffle as the case may be, but they can't hide.If he ever makes a misstep, such as taking a job in a dispensary, he will be nailed.
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Comment #5 posted by Graehstone on October 30, 2009 at 08:11:21 PT:
OT (sort of):  Just wrong on so many levels ...
... that I scarcely know where to begin listing them, suffice it to say we are in a sad state as a State that drives it's elderly to do something like this.
Not only that but it also says something about our local Police force's inability to catch a bank robber that carries an oxygen tank and need the FBI's help in doing so because they are too busy here raiding law abiding businesses (dispensaries). Grandpa Bandit Strikes Again Hey, your grandfather knocked over another bank -- this time he left the oxygen tank home.
The FBI said on Tuesday that it's seeking the public's help finding the very elderly man responsible for robbing four banks, including one on Tuesday in Rancho Santa Fe. His other stickups have been in Santee, La Jolla and Carmel Mountain Ranch.
The nattily dressed gent has been caught repeatedly by surveillance cameras during his holdups, including Monday at about 10 a.m. at the Bank of America on Avenida de Acacias. The feds say the tweed-wearing robber flashed a piece prior to handing a teller a note demanding cash, then fled -- slowly, we're guessing -- on foot with an unknown amount of money.
When he hit the La Jolla bank on Ivanhoe Avenue in September, he had a gray mustache, white beret and argyle sweater, and accessorized with what may have been an oxygen tank. The bank robber is 60 to 70 years of age, with gray facial hair, according to the FBI, but to us he looks a lot closer to 80. Maybe that's just what a life of crime can do to a guy. 
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Comment #4 posted by HempWorld on October 30, 2009 at 08:11:17 PT
Compassion USA style ...
"The Colorado Court of Appeals redefined the role of medical-marijuana caregivers Thursday in a ruling that says growers must have more meaningful contact."Oh? Voters voted on an initiave but then the powers that be, the legislature 'redefines' what the voters voted on. Sounds very 'democratic' to me, not.MORE MEANINGFUL CONTACT? As in what? Yes, when I'm dying of cancer, I'm looking not only for my medicine but I'm also looking for 'meaningful contact?' Gee wiz, let's see what my 'caregiver' can do for me while I waste away; he or she can hold my hand and look me deep into my eyes ... he or she can give me a happy ending when I pick up my medicine, whatever that is; healing directly at the hands of my caretakers ... he or she can come over and cook me dinner, play cards and sing songs afterwards and maybe we can go to a movie together or simply watch tv.Let me get this straight, it's ok if I need to go to the black market to get my medicine and it's ok if I do not find my 'caregiver' because then I will just die a little more quickly. How compassionate is that? Can't have it both ways, then at least give me the option of euthanasia, instead of painfully wasting away while the only medicine that can really help me is kept out of my reach, year after year.
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Comment #3 posted by FoM on October 30, 2009 at 08:00:37 PT
Related Article From The Denver Post
Pot Dispensaries Thriving as Stiffer Regulation LoomsOctober 30, 2009URL:
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Comment #2 posted by dongenero on October 30, 2009 at 07:37:26 PT
Att General's spokesman? Mike Saccone
"The decision speaks for itself," Saccone said. --It speaks to more than that itself, I would say. The decision speaks to their search for legal loopholes that will allow them to initiate further restrictive legislation.It appears however, the Attorney General cannot speak for himself, As he requires a spokesman.
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Comment #1 posted by runruff on October 30, 2009 at 06:56:53 PT
The genie is out and partying!
It is becoming more and more amusing watching these "Son's of Gibberish" running around sticking their fingers in the dyke as they stare at each other in wide eyed wonder. "What happen, they ask? What has happened to our neatly rehearsed lies and illegal laws we fought so hard to keep? What shall we do now that the cat is out of the bag, so to speak?"I, Runruff, once predicted that the various industries are profiting a billion dollars a day [collectively] on prohibition. This is enough to keep them tap dancing until the fat lady sings!
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