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05-22-2010, 01:19 AM #8
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There is legal precedent for completely ignoring 1284 in.....
Originally Posted by puntacometa
The city I live closest too has already adjusted the distance--the 1000 ft. rule down to 500'--because it was unrealistic to place a new dispensory within the 1000 ft. rule. So we will see cities adapt to the state rules with their own--and possibly more friendlier version of 1284.
BUT--after reading this legislation there is no doubt in my mind that it will be challenged in court as to the constitutionality of it. Because of that--this bill will turn into a prosecutors worst nightmare. Therefore, wasting a lot of taxpayer dollars in the process for expenses related to law enforcement, court costs, attorney fees, and possibly incarceration. To add--what if business is disrupted, and or there are people are incarcerated over 1284 and then a district court or the Colorado Supreme court finds this bill unconstitutional? I imagine the cost to the state, counties and cities could be in the millions for enforcement of this bill should it be overturned in court.
I think one of the most blatant in this bill is the 5 patient per caregiver, "with special circumstances"--noting that if a patient lives a long distance from a medical marijuana center--the "state" may allow a local caregiver to have more than 5 patients. HOWEVER--this clause alone is in the face of not only the Colorado Constitution--but the U.S. Constitution. The government cannot "dictate" whom a patient chooses to do business with.
There are many medical marijuana patients that would choose to be supplied with a private caregiver--versus walking into a local public place where they may be recognized by others. Professionals, business owners and basically anyone who would prefer not to let others know that they are a medical marijuana patient. Yet according to 1284--if this person lives close to a medical marijuana center--and there are either no caregivers, or the caregivers there already have 5 patients--this individual is forced into the medical marijuana center. This is unconstitutional.
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