Health Department Changes Marijuana Caregiver Rule
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Health Department Changes Marijuana Caregiver Rule
Posted by CN Staff on November 03, 2009 at 15:24:07 PT
By Tom McGhee, The Denver Post
Source: Denver Post
Denver, CO -- Colorado health officials on Tuesday temporarily revised rules governing medical marijuana in order to comply with a court decision that said a supplier must do more than give patients marijuana to qualify as a caregiver.The rule change  and the scant public notice given to the meeting where the state Board of Health passed it unanimously  drew fire from lawyers who represent medical marijuana patients, growers and dispensary owners.
Last summer, the Board of Health defined "caregiver" as someone with "significant responsibility for managing the well-being of a patient," and then defined that responsibility as only providing the patient with medical marijuana.The board removed that definition, intending to take up the issue on Dec. 16 at a public meeting.Colorado Department of Public Health Executive Director Jim Martin said the Colorado Court of Appeals opinion released last week forced the board to take quick action."I don't believe this leaves the board any leeway," he said of the ruling made Friday in the case of Stacy Clendenin.In 2006, Clendenin 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.By changing the rule, the state Board of Health has given itself time to consider how to create new definitions that comply with the both the Constitutional Amendment that allows use of medical marijuana and the court ruling.But it could force dispensaries and growers to offer other care as well, said attorney Warren Edson, who represents dispensaries and growers.While many dispensaries offer other services to those buying their marijuana, it would be impossible for growers who supply the dispensaries to offer anything but the drug, said Edson.The rule change exposes grow operations to crimial prosecution, he said. Snipped   Complete Article: Denver Post (CO)Author: Tom McGhee, The Denver PostPublished: November 3, 2009Copyright: 2009 The Denver Post CorpWebsite: openforum denverpost.comCannabisNews Medical Marijuana Archives 
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Comment #5 posted by runruff on November 04, 2009 at 04:03:34 PT
I love the story of "The Tar Baby"
It offers a good lesson in human nature. These people who want to subvert the will of the people do so in order to preserve the status quo. The status quo gives them power and funds.[fat budgets] Their position gives them a situation where they can say, "oh we're better than those lazy pot heads" even though every lawyer I ever met smokes pot! OK, many don't, still elitism, and money keep them fighting to hang on. Like Bra'er Rabbit. When he punched the Tar Baby it stuck to him so he tried punching him with the other hand....stuck! He became so mad he fought the Tar Baby until he was bound too it! I say Lawyers and some cops are educated in schools but the hard wired innate intelligence, what we sometimes call common sense,is OFTEN missing! They don't see how every time they tweak on of our hard won laws how we come back and slam them with even more liberal laws!I can see the war on the herb dying out. With this here machine we have educated the masses and shown the power trippers who has the power! 
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Comment #4 posted by The GCW on November 03, 2009 at 16:50:19 PT
From the Summit Daily News
Colo. health board suspends medical marijuana rule (AP)  Colorado health officials have decided to temporarily eliminate a regulation involving medical marijuana caregivers, putting off a final decision until next month.The state health board took action Tuesday because members are concerned their definition of who can provide patients with medical marijuana contradicted a ruling last week from the Colorado Court of Appeals.Cont.
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Comment #3 posted by HempWorld on November 03, 2009 at 16:08:35 PT
Thanks Sam, but I mean; whatever ...
What will they come up with next, to divert the will of the people? This, besides Kerlikowske saying that 'scientists' should decide, which they already have, see IOM report.What is next? Or is it simply too 'complicated?'I am amazed what is all happening and how various 'authorities' are spinning it out of the hands of the voters. It is truly remarkable, but very condescending and un-democratic!Then the blunders of the LA city council led by the NCOA/Cops and then generalizing this into "look at the problems in California, clinics difficult to regulate" Blah, blah, blah, the legislature and the cops have screwed it up and say, it's too difficult, we can't do it. Can you believe this crap?
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Comment #2 posted by Sam Adams on November 03, 2009 at 15:49:20 PT
no HW, it looks like "Health Officials" decide our fate. One official wouldn't even remove the sunglasses from her head before ruling on people's medication."Health Officials" look an awful lot like the Catholic Church in Galileo's time. Or now, for that matter.
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Comment #1 posted by HempWorld on November 03, 2009 at 15:34:48 PT
in order to comply with a court decision:
You can't have it, even if you thought you had approved the ballot as a voter and thought this meant something ...Apparently not ...Is this democracy?
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