cannabisnews.com: Judge Tosses Out Health Board Decision on Med Pot
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Judge Tosses Out Health Board Decision on Med Pot
Posted by CN Staff on November 10, 2009 at 14:12:19 PT
By John Ingold, The Denver Post
Source: Denver Post
Denver, CO -- A Denver District Court judge rebuked the state board of health today for changing rules about medical marijuana without providing adequate notice to patients.In his ruling, Chief Denver District Court Judge Larry Naves struck down the state board's actions from a meeting earlier this month. At that telephone conference meeting the board repealed the definition of medical-marijuana "caregiver", casting the burgeoning industry into uncertainty  all without taking public testimony.
Naves also ordered the state to pay the attorneys' fees of medical-marijuana advocates, who filed a motion saying they were wrongly blocked from participating in the hearing."How is it a fair hearing?" Naves hammered the state's attorney during her arguments.Today's tussle was just the latest legal scuffle over Colorado's work-in-progress medical marijuana system.The particular case before Naves stretched back more than two years, when a medical-marijuana patient named Damien LaGoy sued the state over a rule - also adopted without public testimony - limiting the number of people a caregiver could serve. Caregivers, as defined in the state's constitution, are people who provide medical marijuana to patients and have a "significant responsibility for managing the well-being of a patient."LaGoy, who has AIDS and uses medical marijuana to control nausea from his other medications, won an injunction against the rule, and a settlement in the case requires the Health Department to notify medical-marijuana patients of rule-change hearings. There are now more than 12,000 people on the state's medical marijuana registry, a state official said today.The state board of health took up the caregiver rule again during a marathon public session this summer, ultimately deciding against setting a patient limit and instead defining a caregiver merely as someone who provides medical marijuana to patients.That definition, though, came into doubt last month, when the Colorado Court of Appeals upheld the conviction of a medical-marijuana grower, saying that caregivers must have more meaningful contact with patients than just supplying them with the drug. The ruling caused the board of health to call the emergency meeting last week, at which it struck its recently adopted caregiver definition. Snipped   Complete Article: http://www.denverpost.com/news/ci_13754909Source: Denver Post (CO)Author: John Ingold, The Denver Post Published: November 10, 2009Copyright: 2009 The Denver Post CorpWebsite: http://www.denverpost.com/Contact: openforum denverpost.comCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #6 posted by herbologist on November 11, 2009 at 06:06:37 PT:
ruleing
Thank you Robert Corry.We need more of our attorneys fighting for our rights like Robert without demanding payment up front.HOORAY Robert!Lets all remember it takes funding to accomplish these tasks and we all need to help support these types of people first and foremost.Donate to these freedom fighters that really care about us and our rights,Thank you again Robert.Michael Lee/Herbologist
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Comment #5 posted by FoM on November 10, 2009 at 19:11:41 PT
James
I'm glad you understand what I meant too. His background is in community organizing. That's what we are doing. Grassroots community organizing.
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Comment #4 posted by James Crosby on November 10, 2009 at 19:00:59 PT
w00t w00t
"I'm glad you understand what I mean. Obama always said change comes from the bottom up. He said we are the change. We never could be before. He doesn't have to do anything but let us go forward. That's all. It's amazing to me."I never thought about it like that before, but that makes a lot of sense. Perhaps he is doing all he can being tied up in Washington by just letting us move forward uninterrupted. Obama doesn't seem to be getting in the way yet, and he'll soon be in a position where he can side with pro-cannabis advocates if public opinion keeps changing so fast.
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Comment #3 posted by FoM on November 10, 2009 at 17:44:42 PT
Sam
I'm glad you understand what I mean. Obama always said change comes from the bottom up. He said we are the change. We never could be before. He doesn't have to do anything but let us go forward. That's all. It's amazing to me.
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Comment #2 posted by Sam Adams on November 10, 2009 at 17:14:01 PT
great news! 
This judge was kicking butt! Look at this:"Medical marijuana attorney Rob Corry, though, argued today that the Court of Appeals opinion applies only to cases prosecuted before the state adopted its caregiver definition this summer. In sharp exchanges with Colorado First Assistant Attorney General Anne Holton, Naves sided with Corry's interpretation of the ruling, saying the state wasn't justified in holding an emergency hearing and excluding patients' voices."So that's it, the court ruling from last week won't affect cases going forward.  The text of the Colorado initiative appears to be one of the best ever. The caregiver rule of being able to provide medicine for others is really holding up in courts. FOM I believe you're right, judges rule based on what they see going on with the public and other factors, I'm sure the "good" judges took Obama's proclamation as a sign that it's OK to stand up for peoples' rights on this issue now.You can help the medical MJ patients now and Dick Cheney won't come to get you!
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Comment #1 posted by FoM on November 10, 2009 at 14:13:20 PT
So Nice
I cannot get over since Obama became President how smoothly change is happening. 
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