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Sunday, November 15, 2009

Big Week in Colorado Medical Marijuana News!

A lot happened this week and it is hard to keep up. Seems like the state of medical marijuana is changing faster than we can keep up with it.

On Tuesday November 10, Denver District Court Judge Naves granted Rob Corry's request for an injunction against the Colorado Board of Health and Environment's emergency repeal of their decision the prior week to revoke their decision at their July meeting. Follow this link for more information:

Confused yet? Here is how it breaks down. In July the CDHE revised their regulations to allow primary care-givers to satisfy their care-giver roles by merely dispense medical marijuana to their patients.

Then the Colorado Court of Appeals in their Clendenin decision stated a primary care-giver needed to do more than merely dispense medical marijuana in order to qualify as a primary care-giver.

And then.....the CDHE held an emergency hearing to repeal their July decision to conform their regulations to the Clendenin decision. The problem was this emergency meeting was a cluster!@#$ and their was no opportunity for public comment; hence Rob Corry's injunction request.

This injunction re-establishes the CDHE's July position allowing primary care-givers to merely dispense medical marijuana to their patient's to satisfy their role as a care-giver.

So what is the current state of affairs? We are left with the same lack of clarity that led to the CDHE July decision in the first place.

I believe that the Clendenin decision only applies to dispensary operations prior to the CDHE's July decision but does not apply retroactively. Therefore, as of Judge Nave's injunction, Colorado medical dispensaries may satisfy their role as a primary care-giver to patients by merely dispensing medicinal marijuana.

However, on December 16 the CDHE will hold a full blown hearing to revisit this issue AND allow public comments. I encourage all to attend this meeting and speak their minds, even if it is just to state you are for or against a position.

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