Colorado ruling on caregivers - People vs. Clendenin

[pikes peak 69]

From the CDPHE site

http://www.cdphe.state.co.us/release/2009/110309c.html


I was there front and center. They dropped their definition of significant responsibility. It's back to what the Amendment 20 states as a legal definition of Primary cg. The courts ruled that you must do more then supply MMJ to qualify as a pri CG.

pp69

 

[Spacecadet01]

FIRST APPARENT WORK-AROUND TO STATE LAW :: MANY MORE TO FOLLOW IM SURE

WE COLORADO ACTIVISTS ARE A CREATIVE BUNCH



search Google for Cannabis Therapy Institute

COLORADO PATIENT SERVICES
"WE DO MORE."

The Cannabis Therapy Institute is excited to announce the Colorado Patients Services program, designed to help caregivers provide other services to their patients in accordance with the Court of Appeals recent ruling, which interpreted the definition of "primary care-giver" to mean that a caregiver must "do more" for his patients than simply provide medical marijuana. Colorado Patient Services can provide referrals for all the other caregiving services your patient may need, as well as provide you with a paper trail for each patient to help show your compliance with state law regarding this new ruling.

IF THIS VIOLATE THE TOU PLEASE LMK AND I WILL TAKE THE POST DOWN!!

SC

 

[kcjnz]

fight the good fight

fight the good fight

Heck yea, where there's a will there's a way!!

Hey all you f**kers that want to keep us down

 

[Sportster]

YES!!! keep it up folks, along with yer chins, you WILL prevail...I have faith, watching you all voice out, reminds me of our times of test!!! Your all doing the right thing, now become one!!!!

 

[oldbob]

Your responses are great what you accomplish in Colorado has a bearing on the fight elsewhere. Your victories are everyones victories. Fight the good fight. You give hope to the oppressed. Marijuana smokers do NOT belong in Jail. Its time to make that very plain to: politicians, government and lawmakers everywhere. I think (hope) there's a light at the end of the tunnel. Good job Colorado---oldbob

 

[Jalisco Kid]

All you have to do is offer these services. Send out a bi-monthly letter to your patients, include some medicinal marijuana articles, new research, offer a healer for x hours on the third wed. for the body, ladies of the night on the second Tues. for the spirit ,offer shopping trips with you providing the transpot. ect. The hell with paying someone else to bullshit for you. If you offer these services and your patient does not use them you are in the clear. You can lead the horse to the water but you can not make him drink. JK

 

[Marshmello]

This will just be another grey area.
Seems to me it's basically luck of the draw?
Russian Roulette more appropriate for an analogy?

I can see it now: The Nuttn Defense

"I offered the INTERNET to my patient...he didn't need nuttn."

 

[StrictlyGateway]

COLORADO PATIENT SERVICES
"WE DO MORE."

The Cannabis Therapy Institute is excited to announce the Colorado Patients Services program, designed to help caregivers provide other services to their patients in accordance with the Court of Appeals recent ruling, which interpreted the definition of "primary care-giver" to mean that a caregiver must "do more" for his patients than simply provide medical marijuana. Colorado Patient Services can provide referrals for all the other caregiving services your patient may need, as well as provide you with a paper trail for each patient to help show your compliance with state law regarding this new ruling.

I would be careful about jumping on any work-arounds like this i actually asked my mmj attorney about doing something similar to this and he wasn't the most excited (much to my dismay). although, it does sound like it's worth a shot and there will, most likely be some sort of work-around soon. he was steering me more towards becoming 'an employee' rather than a 'subcontractor', FWIW.

i'm sure whatever we do, somebody will have to back it up in court at some point. let's hope next time we win...

 

[Spacecadet01]

I would be careful about jumping on any work-arounds like this i actually asked my mmj attorney about doing something similar to this and he wasn't the most excited (much to my dismay). although, it does sound like it's worth a shot and there will, most likely be some sort of work-around soon. he was steering me more towards becoming 'an employee' rather than a 'subcontractor', FWIW.

i'm sure whatever we do, somebody will have to back it up in court at some point. let's hope next time we win...

i hear ya...just found that in my email..i too have heard the employee angle..thats why we have attorneys..so we should listen to them bound to be alot more angles tha come out over the next wks. should be interesting

 

[Marshmello]

Let's Hope Next Time that IT'S A LEGAL PATIENT/CAREGIVER!
Too bad there ain't someone pushing back from Our side,
pointing out that she should not be treated as a CARDHOLDER because SHE DID NOT REGISTER until after being busted.
That this case is being used to set precedent is an absolute mockery of Amendment 20 & the WILL OF THE PEOPLE.

 

[BowlPacks]

Let's Hope Next Time that IT'S A LEGAL PATIENT/CAREGIVER!
Too bad there ain't someone pushing back from Our side,
pointing out that she should not be treated as a CARDHOLDER because SHE DID NOT REGISTER until after being busted.
That this case is being used to set precedent is an absolute mockery of Amendment 20 & the WILL OF THE PEOPLE.

:friends: The man speaks the truth. We've been betrayed by the so-called compassionate MMJ lawyer. His EGO and desire for notoriety.
How come no one ever brings up how much that dick head made off of the MMj community?

 

[StrictlyGateway]

Mellow- let me just say that i do share your anger, i think corry really screwed us over on this one. however, it is important to remember that you DON'T have to be a patient in order to be a caregiver. i think it's unfortunate that clendenin should get shit on...she is just trying to jump through the ridiculous hoops, its the lawyers that should be aware when a case is lost, and when it needs to be taken to the state level. corry sucks...

i am putting a ballot initiative to incorporate the whole front range into breckenridge.

 

[Spacecadet01]

LETS THE PHONES BEGIN TO RING!!! LETS LET THEM KNOW THAT OUR VOICES MATTER! TIME TO SPEAK UP IN A POLITE WAY COLORADO!!

Colorado Department of Public Health and Environment Contacts

Executive Director
James B. Martin
Phone 303-692-2000
TDD Line 303691-7700

Chief Medical Officer
Ned Calonge, M.D., M.P.H
303-692-2011

Office of Communications Director
Mark Salley
303-692-2013

CDPHE Main Phone
303-692-2000
800-886-7689

Board of Health
303-692-3464

Board of Health Administrator
Karen Osthus
303-692-3464 ex 3466

State of Colorado Board of Health Contact info here

 

[BowlPacks]

Rob Corry filed an injunction today against the health dept. There is supposed to be a hearing in the next 2-3 days! It says to contact Mr. Corry about inquiries... He didnt answer
Click this shit------> http://www.cannabistherapyinstitute.com/

 

[Ganoderma]

BUMB BUMB BUMB This is back in play and an issue with the Registry

The Colorado Department of Public Health and Environment (department) is posting its draft rules regarding primary care-givers in the medical marijuana program registry (MMR) for additional public comment. The department previously posted these draft rules and heard testimony before the Medical Marijuana Advisory Committee (MMAC) concerning the content. The rules approved by the MMAC and recommended to the Executive Director for promulgation by the Board of Health have been reviewed by the Office of the Attorney General and determined to be out of compliance with C.R.S. § 25-1.5-106(3)(b)(I) and the Colorado Court of Appeals opinion in the matter of People v. Clendenin, 232 P.3d 210 (Colo. App. 2009).
The Colorado Court of Appeals in the Clendenin case interpreted the phrase “significant responsibility for managing the well-being of a patient”, a phrase used in the Colorado Constitution to define a primary care-giver in the medical marijuana program, to require that the primary care-giver’s duties extend beyond the provision of medical marijuana to a patient. This interpretation was codified in C.R.S. § 25-1.5-106(3)(b)(I) during the 2010 legislative session. The state statute explicitly states that “the act of supplying medical marijuana or marijuana paraphernalia, by itself, is insufficient to constitute ‘significant responsibility for managing the well-being of a patient.’” According to the Office of the Attorney General, the definition of this phrase in the draft rules approved by the MMAC that allows a primary care-giver to provide consultation and education around the use of medical marijuana to meet the definition violates both the statute and the Court of Appeals ruling in Clendenin, as this language does not demonstrate that the primary care-giver is significantly involved with the patient’s care and doing more than providing medical marijuana.
The department proposes the following definition of “significant responsibility for managing the well-being of a patient” for further consideration and public comment.
“Significant responsibility for managing the well-being of a patient” means, IN ADDITION TO THE ABILITY TO PROVIDE MEDICAL MARIJUANA, REGULARLY assisting a patient with ACTIVITIES OF daily activities LIVING, including but not limited to transportation or housekeeping or meal preparation or shopping or making any necessary arrangement for access to medical care or NON-MEDICAL MARIJAUANA services or provision of medical marijuana. THE ACT OF SUPPLYING MEDICAL MARIJUANA OR MARIJUANA PARAPHERNALIA, BY ITSELF, IS INSUFFICIENT TO CONSTITUTE “SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT.”
The department specifically seeks any suggested edits to this proposed language, which may be submitted to the department at [email protected] no later than 5 PM on Wednesday, April 20, 2011.