cannabisnews.com: Medical Pot Victory
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Medical Pot Victory
Posted by CN Staff on December 31, 2009 at 05:05:50 PT
By Gene Davis, DDN Staff Writer
Source: Denver Daily News
Colorado -- Medical marijuana advocates scored a big victory after a judge yesterday ruled that the City of Centennial is prohibited from banning medical marijuana dispensaries from operating within its city limits.The oral ruling by Arapahoe County District Judge Christopher Cross followed a passionate hearing that spanned two days. Experts believe the ruling is a landmark case that could set a precedent preventing other Colorado municipalities from banning medical marijuana dispensaries within city limits.
“It’s a victory for patients and caregivers across the state of Colorado,” said Bob Hoban, a lawyer who represented the Centennial medical marijuana dispensary in the case. “And it’s clearly a victory for the constitution in that it shows that local governments can’t pick and choose which constitutional provisions they want to follow.” In October the City of Centennial revoked the business license of CannaMart after learning that the business was a medical marijuana dispensary. In turn, two caregivers and three patients from the dispensary sued the city in hopes of having the decision overturned.Yesterday’s oral ruling by Cross implemented an injunction against the cease and desist letter that the City of Centennial issued to CannaMart. In turn, CannaMart can open up for business again, at least for now. A broader trial on the issue could start as early as 60 days from now, according to Hoban.In his ruling, Cross said that Centennial can zone dispensaries, but can’t forbid them from operating within city limits. In 2000, Colorado voters approved medical marijuana to treat serious illnesses. Marijuana is still considered illegal under federal law.Attorneys for the City of Centennial argued during the hearing that the city could ban dispensaries because they violate federal law. However, Cross said that the Colorado constitution allows the use of medical marijuana, and that the state constitution is there for a reason, according to Hoban.“It would be an affront to the citizens of Colorado if they couldn’t rely on their constitution,” said Hoban.Medical marijuana user and CannaMart patient Shannon Mosher cheered yesterday’s ruling as a victory for sick patients in Colorado. Although CannaMart was only open several weeks, Mosher, who suffers from ankylosing spondylitis, said he had already started feeling at home at the location. “I feel very reassured that among all the other things I’ve lost already from my disability, thatÉone thing I won’t lose is my constitutional right,” he said. “I’m really excited about winning this particular battle.”Mosher uses medical marijuana to treat the chronic pain that derives from a genetic disease that breaks down tissue and infuses it with bone. He said that the CannaMart owners went out of their way to discount the marijuana for him, picked him up when he needed a ride, and kept track of his symptoms. “These guys were very compassionate and took extra time to learn about my disease,” he said.Note: Judge rules Centennial can’t ban dispensaries.Source: Denver Daily News (CO)Author: Gene Davis, DDN Staff WriterPublished: Friday, December 31, 2009 Copyright: 2009 Denver Daily NewsContact: editor thedenverdailynews.comURL: http://drugsense.org/url/19UQonp9Website: http://www.thedenverdailynews.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #28 posted by runruff on January 03, 2010 at 06:28:58 PT
"it will be coming to an end soon."
My Aunt Cleo used to declare,jus' you hide and watch!"When I was a freshman In high school I lived in the Sierra Mountain town of Susanville, California. Susanville had a main street that started at Lookout Peak at the top of town and ran a whole mile downhill.Me and two friends of mine co-owned a '36 Hudson that had no engine and barely any brakes. We thought it would be cool to cruise main in our car like the upperclassmen, so we schemed and connived one whole week-end getting pushes and pulls up to the top of main street. When we reached the top me and about 20 of our friends coasted down mains street hooping and waving like the idiots we were!What's my point? We were determined to get this thing up to the top, who would stop us from riding it down?
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Comment #27 posted by The GCW on January 02, 2010 at 22:37:01 PT
Randy,
I'm not so sure it's possible State legislators Sen. Chris Romer and Rep. Tom Massey can draft a new medical marijuana bill to present to the Colorado General Assembly and change the wording of the Coloroado Constitution.
I thought the only way to change it (the Colorado Constitution) is to put it on the state election ballot.
I don't know though.Does anyone have insight on if Romer and Massey can do this?US CO: Legislators Draft New Marijuana Bill
http://www.mapinc.org/drugnews/v10/n008/a12.html?397
Webpage: http://themountainmail.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=18108
Pubdate: Sat, 2 Jan 2010
Source: Mountain Mail, The (Salida, CO)
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Comment #26 posted by Randy on January 02, 2010 at 22:03:24 PT
A CALL TO ARMS
So what does one have to do to get all the cannabis users to unit and rid ourselves of virus' like Romer. This is gone way out of control. And not just here in Colorado. The freakin Feds say, we leave it up to the states, and then in all these states we have renegade authority figures doing things for their own personal benefit. Not in the patient or caregivers best interest. They say they have us in mind but never sit down and ask us how we feel or what we want in all this.And how can we regulate it so much that only someone with hours to live is approved to have it. And to top it off they can't even come to a consensus on how to treat cannabis, is it like alcohol or is it like a medicine. They seem to treat it like both whenever it suites their needs. I still have yet to see any state try to regulate cannabis like any other herbal medicine. I am tired of the uneducated authority figures we seem to have. Do we or do we not have greater problems in this country or even single states that should be addressed and dealt with by tax payers money before cannabis?
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Comment #25 posted by FoM on January 02, 2010 at 09:58:59 PT
Here It Is
URL: http://www.cannabistherapyinstitute.com/bills/romer.draft.09.12.30.pdf
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Comment #24 posted by FoM on January 02, 2010 at 09:53:41 PT
Randy
What does it do?
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Comment #23 posted by Randy on January 02, 2010 at 09:44:23 PT
Dont Forget
People this is a futile victory. Sen Chris Romer is going screw us all with his new Medical Cannabis Reform Act. It will put all caregivers and dispensaries out of biz in one fail swoop. So no we have won nothing and this fight is being taken out of our hands. So yes I guess it will be coming to an end soon.
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Comment #22 posted by FoM on January 02, 2010 at 06:30:50 PT
Paint with Light
Happy New Year.
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Comment #21 posted by Paint with light on January 02, 2010 at 01:32:54 PT
Happy New Year
I hope this becomes known as the "Cannabis Decade".I have more optimism than ever.My only new year's resolution is to work harder to get the laws changed.A special shout out goes to FoM and Hope who have made me feel welcome here since my first post.Thanks ladies.Legal like alcohol.
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Comment #20 posted by FoM on January 01, 2010 at 19:57:12 PT
Celaya
We just might make it to see the end. What a great thought to end my day. Onward thru the fog we go!
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Comment #19 posted by Celaya on January 01, 2010 at 19:50:56 PT
FoM
Thanks! Same to you! Looks like we're going to make it to see the end of this madness!What a long, strange trip it's been.
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Comment #18 posted by josephlacerenza on January 01, 2010 at 14:36:21 PT
Christ
I did not mean to blow you off, but the NEW YEAR called and where we went there is NO internets!! It is kind of peaceful, ya know? Please check out the blog for Greene Acres Caregiver.1.) If you are in a state that currently issues medical marijuana cards, then you are able to:
a. Get a Montana medical marijuana, you do not need to be a resident; just get an attending physicians statement signed.
b. Have access to caregivers that will help you acquire your cannabis while your HERE in Montana....Okay, in short if you have a medical condition accepted by Montana and you get an attending physicians statement signed, you can get a Montana state card, valid for only one year.You need not live in a state that accepts medical cannabis or not you just need to benefit from the consuption of cannabis for a recognized medical condition...quantifier, qualifier, after qualifier!!! But, yes it is possible to see a new future for the cannabis industry!!!
Greene Acres Caregiver
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Comment #17 posted by FoM on January 01, 2010 at 06:30:09 PT
Celaya
Happy New Year!
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Comment #16 posted by HempWorld on January 01, 2010 at 03:36:47 PT
Happy New Year From Amsterdam All ...
Back home after 6 years ...I looked forward to this year and now, this is it!This is the year that will shift the momentum in our favor until the end of times. Peace to All!Amen!
Legalize it now!
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Comment #15 posted by Celaya on January 01, 2010 at 01:26:09 PT
Happy New Decade!
Hey, folks. I think this new year's eve is probably the first one where we in marijuana reform really have things to celebrate. We have had so many victories this year. Personally, I think the prohibition wall is falling as we speak. Forgive me if someone already posted this, but even the Wall Street Journal is talking about re-legalizing marijuana. That seems like a BIG sign to me!http://online.wsj.com/article/SB10001424052748704254604574614230731506644.htmlA snippet from the article:In the 40 years since U.S. President Richard Nixon declared a "war on drugs," the supply and use of drugs has not changed in any fundamental way. The only difference: a taxpayer bill of more than $1 trillion.A senior Mexican official who has spent more than two decades helping fight the government's war on drugs summed up recently what he's learned from his long career: "This war is not winnable......"Growing numbers of Mexican and U.S. officials say—at least privately—that the biggest step in hurting the business operations of Mexican cartels would be simply to legalize their main product: marijuana. Long the world's most popular illegal drug, marijuana accounts for more than half the revenues of Mexican cartels."Economically, there is no argument or solution other than legalization, at least of marijuana," said the top Mexican official matter-of-factly. The official said such a move would likely shift marijuana production entirely to places like California, where the drug can be grown more efficiently and closer to consumers. "Mexico's objective should be to make the U.S. self-sufficient in marijuana," he added with a grin.(much more)josephlacerenza That's great that Montana recognizes MMJ cards from other states. I think we should push for all the states to do that. This is one more step toward removing the second-class citizenship of marijuana consumers.
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Comment #14 posted by FoM on December 31, 2009 at 21:09:01 PT
Happy New Year 2010
I hope everyone is having a nice time tonight and staying safe. I hope that 2010 moves us further down the road towards reform and I do believe it will happen.
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Comment #13 posted by afterburner on December 31, 2009 at 20:58:56 PT
Wishing Everyone a Happier New Year & Decade
This good news was the first thing I read this morning. Go, Colorado. I just got home from work a while ago. So, this seems like a good way to bring the circle of life, hope and friendship back around again. entertainment.
Mario Lemieux, Neil Young named to Order of Canada.
Wed Dec 30 2009.
Gov. Gen. Michaelle Jean has announced 57 new appointments to or within the Order of Canada.
http://www.thestar.com/entertainment/article/744170--mario-lemieux-neil-young-named-to-order-of-canada?bn=1Marvin Gaye - What's Going On Lyrics [includes embedded YouTube video]
http://www.stlyrics.com/lyrics/thebigchill/whatsgoingon.htm
{
Father, father.
We don't need to escalate.
You see, war is not the answer.
For only love can conquer hate.
You know we've got to find a way.
To bring some lovin' here today.
}Rush lyrics — Closer To The Heart
http://www.azlyrics.com/lyrics/rush/closertotheheart.html
{
And the men who hold high places.
Must be the ones who start.
To mold a new reality.
Closer to the heart.
}
YouTube - Rush - Closer To The Heart
http://www.youtube.com/watch?v=DDRPtg0kmJU
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Comment #12 posted by Hope on December 31, 2009 at 20:22:28 PT
For The One and all my friends in The One
It's been a Van Morrison kind of day, I think.He wrote this as a prayer.Have I Told You Latelyhttp://www.youtube.com/watch?v=t0WFsnxECDU&feature=channelI'm hoping it's going to be a wonderful year.
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Comment #11 posted by kaptinemo on December 31, 2009 at 17:48:15 PT:
This is the true meaning of 'State's Rights'
And Judge Cross certainly understands that. The opposition never did. But they will...for this has gone too far to stop, now. The prohib yoke is slipping from the necks of the States, thanks to the economy. And that has been reflected politically, in recent elections, and will continue to be so, as the realization sinks in that the money used to run the DrugWar is badly needed for other, more important things. A pity it's taken a near-total economic collapse to bring this about, but it seems that that is exactly what is needed. And now that the reform avalanche has started, the prohib pebbles will find they've not only been out-voted but swept along. They may as well enjoy the ride...
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Comment #10 posted by runruff on December 31, 2009 at 14:25:59 PT
Driven by demons or led by the light?
Jes' sayin'!
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Comment #9 posted by museman on December 31, 2009 at 11:52:29 PT
runruff
and the constitution has been nearly 'lawyered' out of existence, along with every other facet of natural human existence. Lawyered commerce and economics, lawyered 'academics,' lawyered 'religion,' lawyered politics, lawyered 'medicine', and most of all lawyered 'liberty,' -meaning the twisting of language and truth to ensure unlimited liberties for the rich-power-elite, and maintain absolute control over the peasantry.But it seems we don't want to talk too much about that, because the lawyers dogs might bust down our doors with their standard issue and 'accidentally' murder us.And the lawyers would surely find a way to exonerate their dogs so they are available for more mayhem.Wonderful 'free' country we have here.But lets focus on the positive; we got a few table scraps of liberty last year, lets celebrate!LEGALIZE FREEDOMP.S. I got a new bumper sticker I want to find/make;"The Patriot Act is Domestic Terrorism!"
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Comment #8 posted by Storm Crow on December 31, 2009 at 10:57:47 PT
josephlacerenza
Enjoy that first "legal" toke! You never realize just how much of a bring-down paranoia is, until it's gone! I just want to wish everyone a Happy New Year! I am hoping that this is the year the "MMJ dominoes" really begin to fall- one state after another! And "WAY TO GO, JUDGE CROSS!" Although Colorado is on a different setup than California, this ought to give the prohibitionists in California and everywhere something to think about! They are banning dispensaries right and left in the small towns here in California- a backdoor re-illegalization against the will of the people. But, we all know who is going to WIN this "war"- it's OUR turn now! lol Happy New Year!
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Comment #7 posted by christ on December 31, 2009 at 10:05:23 PT
josephlacerenza
Congratulations on receiving your card! I also applied and am hoping to receive it in 6 weeks. In my state, there aren't dispensaries and I think I will only be allowed to medicate inside of a private residence. Do you know where Montana allows... in case I ever visit?
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Comment #6 posted by josephlacerenza on December 31, 2009 at 08:47:36 PT
Hope
The case is we do have a nice dispensary, but the volume you can have is only an ounce per patient. This keeps us on the lookout for ways to work with other dispensaries. We help each other out up here!!16 ounces to a pound!!! That Takes 16 patients or some kind of patient caregiver combination. Oh, and we only get 6 plants per patient, and don't forget growing outside in Montana is not as easy as California Lol! We have a window of about 3 months to get them in the ground and harvested. Not to mention we have had SNOW in July many times!!!
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Comment #5 posted by Hope on December 31, 2009 at 08:23:12 PT
Good news, Josephlacerenza!
But I thought you, yourself operated a large dispensary.This makes me happy... but a lingering sadness comes from it, too.If only Robin would have hung in there a while longer.*sigh*
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Comment #4 posted by FoM on December 31, 2009 at 08:08:11 PT
josephlacerenza
A nice way to start out the New Year.
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Comment #3 posted by josephlacerenza on December 31, 2009 at 08:05:27 PT
Just a small personally victory
I just received my "CARD" from the state of Montana. I am getting ready to go to the "CANDY STORE" for the first time. It has such a better feel to it than trying to get a hold of the black market dealers. I will say it again, we don't hear much about Montana, but we are moving forward fast!!We went from ~1000 patients and caregivers between 2004 and the beginning of 2009 to over 5000 by the end of 2009!! We have dispensaries in Helena, Bozeman, Butte, Ennis, and we recognize other states MMJ cards, no other state does that!!!So, you can come here get your medicine while you visit, or get a Montana MMJ card. You do not have to be a resident of Montana to apply!!! Just a condition recognized by Montana as having a medical need for cannabis and a doctors recommendation.
Greene Acres Caregiver
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Comment #2 posted by runruff on December 31, 2009 at 07:31:10 PT
Lawyering the English language.
To lawyer a word means to change the meaning to suit your purpose.The language used in the WoDs has all been lawyered. My favorite lawyered word is "manufactured" or "manufacture".Perverting words is necessary to perverting laws. Would it be more propper to say Runruff is guilty of manufacturing a plant?-or-The federal government is guilty of manufacturing crime?How do you answer? Who is the criminal here?You decide!
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Comment #1 posted by FoM on December 31, 2009 at 05:15:45 PT
Happy New Year
We woke up to a beautiful blanket of snow and this article. What more can anyone ask for?***I have to say it now it's been a good life all in all,it's really fine to have a chance to hang around.and lie there by the fire and watch the evening tire,while all my friends and my old lady sit and pass a pipe aroundand talk of poems and prayers and promises***Poems, Prayers and Promiseshttp://www.youtube.com/watch?v=N7P8pPYSXhk
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