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05-06-2010, 01:22 PM #1OPSenior Member
The Constitutionality of 1284
Hopefully the silence from the Corry camp means they are busy getting the papers together for a lawsuit, this is really our last hope. The good thing is there are things in the bill that are blatantly unconstitutional and I really believe Romer screwed himself by including restrictions on caregivers in this bill, but this could be what saves us. If this bill was simply to regulate dispensaries that would be one thing, but its not.
Amendment 20 was clearly written to protect patients and caregivers. This bill takes away protection from caregivers and gives them to dispensaries. Any law that takes away rights afforded by the constitution (ie 5 patient limit) is unconstitutional.
Article 7 section 10 of the Colorado Constitution clearly states that all rights of citizenship are restored once someone completes their sentence, which makes the lifelong ban on drug felons unconstitutional. As a matter of fact felons were allowed to have firearms in Colorado until the Brady Bill was enacted. There has since been an amendment added barring felons from firearms, but this bill does not amend Article 7 section 10.
I also believe the 70/30 bullshit violates United States antitrust laws.
From Wikipedia:
United States antitrust law is the body of laws that prohibits anti-competitive behavior (monopoly) and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. [1] These competition laws make illegal certain practices deemed to hurt businesses or consumers or both, or generally to violate standards of ethical behavior.
United States antitrust law - Wikipedia, the free encyclopedia
There are many other things such as giving locals the power to ban, deliveries, etc. that can be argued but these are the big ones that stand out for me, hopefully any judge this goes before is unbiased and makes decisions based on law rather than personal bias.Zedleppelin Reviewed by Zedleppelin on . The Constitutionality of 1284 Hopefully the silence from the Corry camp means they are busy getting the papers together for a lawsuit, this is really our last hope. The good thing is there are things in the bill that are blatantly unconstitutional and I really believe Romer screwed himself by including restrictions on caregivers in this bill, but this could be what saves us. If this bill was simply to regulate dispensaries that would be one thing, but its not. Amendment 20 was clearly written to protect patients and Rating: 5
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