Lawsuit to target pending medical marijuana dispensary regulations

DENVER - When the Colorado House of Representatives rubber-stamps the Senate's changes to House Bill 1284, aimed at regulating the state's booming medical marijuana industry, the controversial measure will be on its way to Gov. Bill Ritter's desk for one quick signature that will make it law.

And, as soon as the governor puts pen to paper, a group of medical marijuana attorneys will file an injunction against specific provisions of the new law on behalf of patients and dispensary owners -- patients, who may be disenfranchised as a result of caregiver limits and the ability of communities to ban dispensaries; and dispensary owners, at least half of whom could be out of business as a result of the new regulatory framework.

"The ultimate goal here is to ensure that suffering patients have access to their medicine," said attorney Rob Corry, who along with his wife, Jessica, and Sensible Colorado's Brian Vicente, is leading the push against HB 1284. "And there's nothing wrong with making money off of your Constitutional rights."

Specifically, the attorneys take issue with five provisions: the five-patient limit on caregivers who operate outside the state-sanctioned "center" model; the licensing fees levied on those dispensaries who do reorganize under the state-guided "wellness center" model; requirements mandating that owners or wellness centers have been Colorado residents for at least two years; the ban on granting licenses to anyone accused or convicted of felony crimes; and allowing cities and towns to ban dispensaries altogether.

In Corry's view, the argument is as much a timely economic argument as it is grounded in constitutional law.

"I have a major problem with preventing people from moving to Colorado, bringing money, hiring employees, renting out space and opening up a business in our state," Corry said. "If we said, you can't move to our state and open a dry cleaning shop, that would be unconstitutional."

But Sen. Chris Romer, the bill's prime senate sponsor, thinks Corry is just blowing smoke.

"Rob's a smart guy, but that sounds more like his Christmas list, his Santa list, as opposed to real objections on Constitutional merits," Romer said. "The constitution does protect the patients' right to have access to medical marijuana. The constitution does not protect the business model or the approach or that people with felonies have the right to be running dispensaries. Rob's just out to lunch on that."

Romer readily admits that the final bill tips the balance in favor of law enforcement over the dispensary owners -- because marijuana, while approved for medicinal use in Colorado, remains an illegal substance.

"Maybe if it becomes legal, we can soften up the regulations," Romer said. "But this is still a controlled substance. It's illegal to cross state lines with it. I'm not interested in the out-of-staters who want to rush to Colorado to make money off of medical marijuana."

Lawsuit will target Medical Marijuana dispensary regulations - KDVR

We need to setup a donation fund for Corry & Co.

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Originally Posted by Zedleppelin

We need to setup a donation fund for Corry & Co.

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Hear hear! Cheers mate :thumbsup:

Yes, I totally agree! They made us pay and pay and pay and pay and NOW they're going to make us pay again! *sigh* But, we must do what we must do. In order to do that, the cause needs money because court is neither free nor cheap!

However, I do think they should go after the bill as a whole and not just parts of it so we can start over and do it right.

b

By "they" I mean the gov't btw

I have a team working on temporary restraining orders as well.

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Originally Posted by Zedleppelin

We need to setup a donation fund for Corry & Co.

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We are meeting today for this purpose and to come up with other strategies to defeat this I have a list the Speaker passed on to us of the Representatives that still may be swayed into voting no and thus killing the bill.
Please email and call the list of House of Representatives below asking them to vote no on House Bill 1284. These are the individuals who have the most potential to be receptive to hearing our voice and change their yes vote to NO. This must be done no later than Monday. They Vote on Tuesday. There is only a very small chance that we can still kill this bill which is something we all need to do as patients, caregiver and growers. This bill will force good dispensaries and caregivers to close the doors, preventing accesses to a safe place and local meds. Please take 20 mins and call these individuals or send an email encouraging them to vote no on House Bill 1284.
Thank you.


Representative Edward Casso
Representative Dist. Counties Pty. Occupation
Telephone
Casso, Edward 32 Adams D Legislator
Cap: 303-866-2964
E-mail:
[email protected]
Member of State, Veterans, & Military Affairs; Member of Joint Business Affairs & Labor; Member of Joint State
Veterans & Military Affairs Committee; Member of Business Affairs and Labor
Representative Kathleen Curry
Representative Dist. Counties Pty. Occupation
Telephone

Curry, Kathleen E
(Husband:
Gregory Peterson)
61 Eagle
Garfield
Gunnison
Hinsdale
Pitkin
U Legislator
Cap: 303-866-2945
E-mail:
[email protected]
Member of Joint Agriculture and Natural Resources; Member of Agriculture, Livestock, & Natural Resources
Representative Daniel Kagan
Representative Dist. Counties Pty. Occupation
Telephone

Kagan, Daniel
(Wife: Faye)
3 Arapahoe
Denver
D Attorney
Cap: 303-866-2921
E-mail:
[email protected]
Member of Finance; Member of Joint Finance; Member of Joint Judiciary; Member of Legal Services; Member of
Judiciary
Representative Liane McFadyen
Representative Dist. Counties Pty. Occupation
Telephone

McFadyen, Liane
"Buffie"
47 Fremont
Pueblo
D Mother/Self
Employed
Cap: 303-866-2905
E-mail:
[email protected]
Speaker Pro Tempore; Chair of Transportation & Energy; Member of Capital Development; Chair of Joint
Transportation
Representative Joe Miklosi
Representative Dist. Counties Pty. Occupation
Telephone

Miklosi, Joe
(Wife: Jennifer)
9 Denver
Arapahoe
D Non profit
Management
Cap: 303-866-2910
E-mail:
[email protected]
Member of State, Veterans, & Military Affairs; Member of Joint Judiciary; Member of Joint State Veterans &
Military Affairs Committee; Member of Legislative Audit; Member of Judiciary
Representative Judy Solano
Representative Dist. Counties Pty. Occupation
Telephone

Solano, Judy
(Husband:
Manuel)
31 Adams D Teacher/Retired
Cap: 303-866-2918
E-mail:
[email protected]
Vice-Chair of Education; Member of Joint Agriculture and Natural Resources; Member of Agriculture, Livestock, &
Natural Resources; Member of Joint Education
:thumbsup::thumbsup::thumbsup:

The key hear is this,

"Maybe if it becomes legal, we can soften up the regulations"

THIS must be the goal. We battle over the raping of our constitution, which we're most likely going to lose on most points (I think the caregiver issue is our best bet) but the WAR is to get LEGAL!

Let us not lost sight of this.

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Originally Posted by canaguy27

I have a team working on temporary restraining orders as well.

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Against who? Romer;):thumbsup:

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Originally Posted by Zedleppelin

We need to setup a donation fund for Corry & Co.

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Agreed. I'm in.
:thumbsup:

That makes 3 of us. Come on people!

Wow man gotta hand it to you fellas! You're way more dedicated than I. I just don't have enough disposable income to give money to this cause...

Gawd dont' I know that Lampy.

I feel like a real ass at SAFER's bday party last night when others were giving $200 to the cause I was giving $5 and even that will hurt me til the first of the month. But, on the other hand Mason fights real hard for us so every movement requires some personal sacrafice and mine was a whole $5.

I reconsile not having the money with knowing bloke do good! ;)

So when this lawsuit is filed, what is the very best that can happen and worst and is there any in between? I've heard injunction, what would that mean?

I feel like right now all the DEA agencies and drug task forces are making a list and the day this becomes law, they will be checking it twice.

EDIT: Also does someone have a timeline? When does what take effect and how can the lawsuit affect that??

[QUOTE]

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Originally Posted by PolishPotFarmer

So when this lawsuit is filed, what is the very best that can happen and worst and is there any in between? I've heard injunction, what would that mean?

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Injunction would put implementation of the law on hold.

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I feel like right now all the DEA agencies and drug task forces are making a list and the day this becomes law, they will be checking it twice.

EDIT: Also does someone have a timeline? When does what take effect and how can the lawsuit affect that??

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Good question

I think the lawsuit sounds a fair one that I'll follow with interest. I'm glad it's limited to a few provisions. In my opinion, the first and fifth provisions are the ones that are potentially harmful to patients. The other three they chose to target will only benefit the operators of dispensaries if they are removed.

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Specifically, the attorneys take issue with five provisions: the five-patient limit on caregivers who operate outside the state-sanctioned "center" model;

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Needs to go. Caregivers still won't be able to sell their medicine commercially in dispensaries. (a good thing) Limiting the number of patients is needless and potentially harsh on the patients. Needs to go.

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the licensing fees levied on those dispensaries who do reorganize under the state-guided "wellness center" model

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...should be substantial, and commensurate with licensing fees charged to other businesses. I generally support licensing fees, but if they are too high, they need to be brought into line.

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requirements mandating that owners or wellness centers have been Colorado residents for at least two years;

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Silly protectionist crap that should go.

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the ban on granting licenses to anyone accused or convicted of felony crimes;

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*shrug* I like felon-free businesses of all kinds. The article doesn't go into enough detail.

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and allowing cities and towns to ban dispensaries altogether.

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Fine with me, honestly.

Auug1 st fee is due
Sept 1st grpw 70%
July 1st 2011 everythinh else


Question: corry said they'd be sueing for extensive licence fees...I read the bill and the fee hasn't been set yet. I heard from someone that was at the third reading that it may be 5,000. Anyone hear anything?

I thought the number being kicked around was 35K, don't quote me though. And then 10K for each off-site grow operation.

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Originally Posted by PolishPotFarmer

I thought the number being kicked around was 35K, don't quote me though. And then 10K for each off-site grow operation.

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That's old news. They then dropped it to a sliding scale of 7,500-18k dependingon how many patients you had. I heard it dropped to 5kbut that I can't confirm

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Originally Posted by CannnaLady

That's old news. They then dropped it to a sliding scale of 7,500-18k dependingon how many patients you had. I heard it dropped to 5kbut that I can't confirm

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I heard this morning from a news 4 reporter Alan something, that Romer told him $25,000.00

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Originally Posted by GratefulMeds

I heard this morning from a news 4 reporter Alan something, that Romer told him $25,000.00

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I wish there was something more solid. I can't afford 25k
But Romer also has been known to run his mouth even if the rest of the Senate doesn't agree