Lawsuit to target pending medical marijuana dispensary regulations

[Zedleppelin]

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

Zedleppelin Reviewed by Zedleppelin on 05-08-2010. 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 -- Rating: 5

[Zedleppelin]

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

[Justabloke]

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

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

[Justabloke]

By "they" I mean the gov't btw

[canaguy27]

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

[GratefulMeds]

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

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:

[FarmerSteve]

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.

[lampost]

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

Against who? Romer:thumbsup:

[puntacometa]

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

Agreed. I'm in.
:thumbsup:

[TurboALLWD]

That makes 3 of us. Come on people!