another Victory! recent rule change thrown out

[copobo]

Brian Vicente on victory in hearing to void Board of Health's medical-marijuana ruling - Denver News - The Latest Word

"As reported in our live blog about a Denver District Court hearing this morning, Judge Larry Naves ruled in favor of medical-marijuana advocates, who argued against a controversial action by the state's Board of Health. The board's move echoed a Court of Appeals ruling that said a caregiver had to do more than simply provide marijuana to a patient -- but Naves nullified it, concluding that those who objected weren't given adequate warning or preparation time for the emergency meeting at which the decision was made."
(see link for complete article)

copobo Reviewed by copobo on 11-10-2009. another Victory! recent rule change thrown out Brian Vicente on victory in hearing to void Board of Health's medical-marijuana ruling - Denver News - The Latest Word "As reported in our live blog about a Denver District Court hearing this morning, Judge Larry Naves ruled in favor of medical-marijuana advocates, who argued against a controversial action by the state's Board of Health. The board's move echoed a Court of Appeals ruling that said a caregiver had to do more than simply provide marijuana to a patient -- but Naves nullified it, Rating: 5

[kindunos]

Great news, thanks for posting this

[senorx12562]

Brian Vicente on victory in hearing to void Board of Health's medical-marijuana ruling - Denver News - The Latest Word

"As reported in our live blog about a Denver District Court hearing this morning, Judge Larry Naves ruled in favor of medical-marijuana advocates, who argued against a controversial action by the state's Board of Health. The board's move echoed a Court of Appeals ruling that said a caregiver had to do more than simply provide marijuana to a patient -- but Naves nullified it, concluding that those who objected weren't given adequate warning or preparation time for the emergency meeting at which the decision was made."
(see link for complete article)

It made no sense whatsoever to me that the CDPHE felt they "had to" reconcile their definition of "primary caregiver" with that of the Court of Appeals in Clendenin. The court in Clendenin explicitly decided the case based on its opinion as to the state of the law prior to the CDPHE's definition being in place. It is entirely possible that under exactly the same facts, but for the timing being AFTER the CDPHE's definition was in place, the Court would go the opposite direction based on that regulatory definition of "caregiver." There was no conflict between Clendenin and the regs. That was a load of crap used by government bureaucrats to justify their "emergency" action. In addition, Clendenin is only controlling law in cases where the same fact situation exists. Thus, Clendenin did not change the definition of "caregiver" that would be applied in a case where the defendant was designated as the caregiver by the patient, and said designation is on file with the state. Going "behind" that designation to come up with a definition different than how it is defined by the caregiver and the patient was NOT done by the court, and is not the law now. Even assuming that the appeal in Clendenin is unsuccessful, the decision only says that merely providing medicine is not sufficient to justify the assertion of the affirmative defense, and has nothing to say about the definition for purposes of the bar to prosecution also contained in Amendment 20. It also seems to me that the Court of Appeals may get overturned anyway because they made it too difficult to assert the affirmative defense.

[killerweed420]

Yeah we're beginning to see a few problems here in Washington over caretakers too. Some people just can't or don't have the area available to grow and that should be all thats required.

[solarsatellite]

Denver District Judge Larry J. Naves this morning repudiated the illegal, so-called "emergency" hearing before the Board of Health exactly one week ago today. Judge Naves ruled specifically that the Colorado Department of Public Health and Environment (CDPHE) violated his order of 2007 that it comply with Sunshine Law and give proper notice to all patients of meetings of the Board of Health at which changes to the regulations concerning the medicinal cannabis patient registry are considered; he also stated explicitly that the CDPHE violated the Law. He restored the definition of "significant responsibility for managing the well-being of a patient" -- under the law (as it stands now), a caregiver need do no more than provide medicinal cannabis to patients. Governor Ritter bears primary responsibility for violating the Sunshine law guaranteeing open meetings and for doggedly fighting the will of the People, using the CDPHE as his cat's paw and working hand-in-hand with our pig of an Attorney General John Suthers. I blame Ritter for wasting my time by requiring me to stand up against his behind-the-scenes maneuvering. He has also wasted a fair amount of taxpayer money on this shameful and unproductive exercise. Unless Governor Ritter acknowledges the express will of the People of Colorado that medicinal cannabis is legal for those whose doctors have recommended it, I (a lifelong Democrat) will not support his reelection. Our movement is not a tightly organized one, but we do represent a significant number of votes that Gov. Ritter needs if he is to be reelected. All we have had from the Governor is the same disdain of anything related to cannabis affected my most of our political establishment, the only difference being that the Governor feels no need to address the issue directly, but misspends State resources to resist what has been the supreme law of Colorado for almost a decade.

[senorx12562]

Denver District Judge Larry J. Naves this morning repudiated the illegal, so-called "emergency" hearing before the Board of Health exactly one week ago today. Judge Naves ruled specifically that the Colorado Department of Public Health and Environment (CDPHE) violated his order of 2007 that it comply with Sunshine Law and give proper notice to all patients of meetings of the Board of Health at which changes to the regulations concerning the medicinal cannabis patient registry are considered; he also stated explicitly that the CDPHE violated the Law. He restored the definition of "significant responsibility for managing the well-being of a patient" -- under the law (as it stands now), a caregiver need do no more than provide medicinal cannabis to patients. Governor Ritter bears primary responsibility for violating the Sunshine law guaranteeing open meetings and for doggedly fighting the will of the People, using the CDPHE as his cat's paw and working hand-in-hand with our pig of an Attorney General John Suthers. I blame Ritter for wasting my time by requiring me to stand up against his behind-the-scenes maneuvering. He has also wasted a fair amount of taxpayer money on this shameful and unproductive exercise. Unless Governor Ritter acknowledges the express will of the People of Colorado that medicinal cannabis is legal for those whose doctors have recommended it, I (a lifelong Democrat) will not support his reelection. Our movement is not a tightly organized one, but we do represent a significant number of votes that Gov. Ritter needs if he is to be reelected. All we have had from the Governor is the same disdain of anything related to cannabis affected my most of our political establishment, the only difference being that the Governor feels no need to address the issue directly, but misspends State resources to resist what has been the supreme law of Colorado for almost a decade.

That's why I never vote for ex-prosecutors for any office.