cannabisnews.com: Judge Overturns Colorado Medical Pot Restrictions

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  Judge Overturns Colorado Medical Pot Restrictions

Posted by CN Staff on November 10, 2009 at 14:26:04 PT
By Dan Elliot,  Associated Press Writer 
Source: Associated Press 

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. 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.Source: Associated Press (Wire)Author: Dan Elliot,  Associated Press WriterPublished: November 10, 2009Copyright: 2009 The Associated PressCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #8 posted by FoM on November 12, 2009 at 10:05:23 PT

Medical Marijuana Community Wants To Police Itself
November 11, 2009URL: http://cbs4denver.com/local/Colorado.Wellness.Association.2.1307097.html
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Comment #7 posted by Herbologist on November 11, 2009 at 05:58:27 PT:

ruleing
This is purely a waste of taxpayers dollars by our elected officials.We need accountability in these times and not private thoughts injected into what the people voted for.Time to impeach those that do not hear the peoples wish's.I want to personally thank all those attorneys that assisted in this ruling being overturned.Thank You ALL!
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Comment #6 posted by Christen-Mitchell on November 10, 2009 at 20:17:00 PT:

Stunning News from the AMA
Reversing 72 years of bad policy, the AMA is now down with Medical Marijuana Research, opening the door for rescheduling
http://www.opposingviews.com/articles/news-largest-medical-assoc-wants-review-of-marijuana-s-legal-status-r-1257883768 
Cannabis Quotes
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Comment #5 posted by FoM on November 10, 2009 at 19:08:38 PT

duzt
You made me think of this song.The Futures So Bright (I Gotta Wear Shades)http://www.youtube.com/watch?v=wvIAyxpjEuc
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Comment #4 posted by duzt on November 10, 2009 at 18:36:04 PT

I love the feeling
I trained in Brazil for years in Jiu-Jitsu, and it feels like we have the government in an arm bar and they had better tap soon or we are gonna break it. So much good news today, the future is so bright we better wear shades.
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Comment #3 posted by kaptinemo on November 10, 2009 at 16:59:11 PT:

SLAP! SLAP! SLAP!
Forehand, backhand and forehand again. That's what they get for trying to pull a fast one on their paymasters. Now, if I were a local, I'd remember very well this undemocratic attempt to undermine democracy, and vote the b*****ds out next year, as a warning to office-seekers that this behavior will not be tolerated.And this: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.There it is, at long lost, an acknowledgment of the medical defense. Made by a sitting law judge, no less.The dam is cracking open, more and more. The breach has just been widened even further by that barely noticed remark, which will come back to haunt the prohibs in the very near future. 
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Comment #2 posted by RevRayGreen on November 10, 2009 at 15:06:42 PT

11/10/09
Yes, I was following the 'Westworld' blog at the procedings in Denver when someone on Facebook sent out the AMA announcement......
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Comment #1 posted by HempWorld on November 10, 2009 at 14:52:07 PT

Today
is a special day!
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