CDPHE Emergency

cococrispy said:

how would they prove if one is a caregiver and if they are giving more care to the patients more then just supplying them weed?

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I have no idea, and neither do the lawmakers. That's why this feels like the Twilight Zone to me. I guess right now it's just "take your chances", either you're a decent, law abiding businessperson and boon to the local economy or a common criminal worthy of a 10 year stretch in prison. The line between the two is fuzzy and about 100 miles wide.

The Latest from DenverPost.Com

The Latest from DenverPost.Com

Health department changes marijuana "caregiver" rule
By Tom McGhee
The Denver Post
Posted: 11/03/2009 03:30:36 PM MST
Updated: 11/03/2009 03:50:48 PM MST
http://www.denverpost.com/ci_13704223 *SAFE LINK*

Colorado health officials on Tuesday temporarily revised rules governing medical marijuana in order to comply with a court decision that said a supplier must do more than give patients marijuana to qualify as a caregiver.

The rule change — and the scant public notice given to the meeting where the state Board of Health passed it unanimously — drew fire from lawyers who represent medical marijuana patients, growers and dispensary owners.

Last summer, the Board of Health defined "caregiver" as someone with "significant responsibility for managing the well-being of a patient," and then defined that responsibility as only providing the patient with medical marijuana.

The board removed that definition, intending to take up the issue on Dec. 16 at a public meeting.

Colorado Department of Public Health Executive Director Jim Martin said the Colorado Court of Appeals opinion released last week forced the board to take quick action.

"I don't believe this leaves the board any leeway," he said of the ruling made Friday in the case of Stacy Clendenin.

In 2006, Clendenin was charged with cultivation of marijuana in her Longmont home, which is a felony.

Clendenin argued that the marijuana she grew was distributed to authorized medical-marijuana patients through dispensaries. The court found that Clendenin needed to know the patients.

By changing the rule, the state Board of Health has given itself time to consider how to create new definitions that comply with the both the Constitutional Amendment that allows use of medical marijuana and the court ruling.

But it could force dispensaries and growers to offer other care as well, said attorney Warren Edson, who represents dispensaries and growers.

While many dispensaries offer other services to those buying their marijuana, it would be impossible for growers who supply the dispensaries to offer anything but the drug, said Edson.

The rule change exposes grow operations to crimial prosecution, he said.

"They told us in July, you don't have to do anything but (provide) pot," Edson said. "We have a whole industry that has grown up that is screwed."

Roger Ronas, 51, a legally blind diabetic who suffered renal failure and uses marijuana to control nausea and pain, said the decision "drives a wedge between me and my caregiver.

"This will force me out on the black market. It is quite scary because I don't know where to go."

While the board posted notice of the meeting on websites maintained by the Colorado Department of Health and Environment, and the state's marijuana registry, it did little to alert the public, said Robert J. Corry Jr., who represented the Clendenin in the case that led to the appellate court decision.

More than 100 people showed up for the meeting, but it was held in a room with a capacity of 60 or so. Most board members participated by phone, and lines were open to the public, as well.

But there weren't enough lines open for all those who wanted to participate, said Corry.

"This is a secret meeting, people can't get into the room," he told the board.

After Board Chair Glenn H. Schlabs, who participated by phone, refused to allow Corry to speak about the court decision, he promised to sue the board.

"I will see you in court," Corry said.

Marshmello said:

Just felt the need to point out my previous post was made @ 4:20.
FTR: I am burning a bowl of some tasty nuggz.

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I'm still trying to figure out how you can arrest someone on a law that is written several years after the arrest.

slappyjack said:

We tried to voice our opinion today at the hearing and were not allowed to speak. It was a dictated law.

This is not "small shit", it is now precedent.

I'm in the process of creating a business and can't even get to square one because the law isn't yet established 9 years after it passed.

Nobody is giving up here, but most of us are seriously pissed off.

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I am very sorry, I didn't mean to make that comment in a smart ass way...I know its not small shit!!

I saw where you tried to voice, and were over ruled, perhaps another venue of communications??...or an appeal of sorts?? is a higher court possible in a situation like this??

I am much more behind the "people" than the business end of it all....I know its a tough issue, but its hard to make people listen if they know your going to make profits on what some might see as evil....the uneducated!!!

Again, my purpose isn't to make lite of any medical situations your having in Colorado, I just want to help the people get organized, or that frame of mind....the business will follow, just like it is here......let the people get all the bugs ironed out 1st, then the business will follow.....make the business 1st, and your going to run into troubles!!

Thank you...

I'll do the best I can to give you good people ideas, ideas that we've employed in our state, ideas you good folks can mold to fit your table!!


in the mean time, I'll get busy reading up what I can, I have a good pal in our org, that has connections in your area, I'll contact him via phone later, and see if he can't educate me more on your plights, and medical program before I get too carried away....

I've asked this on another thread here....Does Colorado have a base org of communication thru out your state??....a web site like this??...you'll find alot of people from your area would contribute more so, and perhaps get more involved if it was a state based site....I mean keep coming here for sure, but some newbies to this sorta community and way of communication might be a bit intimidating, where a slower paced, easy to work, smaller, specifically state based website would be more appealing...

Aaaaaaaahhhh LOL, the "banned" member as of yesterday, ok....that splains why folks mighta been bail'n so fast!! Here is a good place for a few of you, who've known each other here for a long time, of course share the same views and are respected....if that can get established, everything else will flow together, then mostly you'll have to deal with the egg heads who follow in your foot steps only to try an sink your org and hard work!!!...and mooch members, and talk shit about you, they are in it all for the WRONG reasons!!!

We stated out simple, once we had a org of folks that were liked and known, as well as trusted....we started working together like a club, you want to join our club, you need to think like us....for the most part..LOL, not some dictatorship site, more of a site where like minded people will clower, and gather....word of mouth, and posts sticks at different physical entities about your site....the masses will ensue, and fill your site with like minded people!!....

Ok...if this is only for Colorado MED members, then its a good start, I checked this out earlier, and it seemed to be a multi state site??....I probably read it all wrong upon 1st glance and should go study your site more, but YES!!! This is what I mean....and I surely hope you have a good rep here among your Co peers, cuz if not......well, I won't be blunt about the outcome of any membership!!

What we did, was start a site, small, cheap, on a free type doityerselfer web page....mentioned it around some, via email, OG, CW and a few other sites like that to attract our state's med heads/care providers....of course soon the people followed, OH...I might mention we had at the time a great reputation among various grow sites out here, so when the word hit we were doing this, the good people knew we were true, and honest, as well as very compassionate about our plight/flight the masses came because of our reputation before hand...So, if you have that going for you say, here and out in the real world, you'll have no problem getting members!!

In Oregon, you have a patient permit, that that person can grow for themselves or get someone to do it for them, this too gets the grower a card...with those cards and ID, you can become what we call a "green key" member, which entitles you to see way more of our site's forums....this ensures too your going to have a good group...some are sketchy about giving or showing info, LOL...the state already has, but none the less, this weeds out the bullshit artiest, and opportunists as well....

Once we grew to several hundred members state wide, we divided the state up into chapters, each of those chapters has officers, and monthly meetings....this keep us all organized within our group, these chapters have all kinds of classes, partys, and just outright fun....the sick that can make it, we have special previsions for where they can medicate....as long as they have proper ID&OMMP...we run our program like a private club, well.......I guess it is a private club, and it works, we are so big now the State of Oregon capital people listen to us!!!

Thanks sporster-we appreciate and need your help!

They went behind closed doors to change the wording on the law that we passed legally.

The best thing to do is to just start taking signatures to put Legalization on the ballot.

Legalize it and get the corrupt, lowdown, scumsucking government off our backs.

If I can pass along ideas, and tales of our trials and tribulations I am here for ya all....

So the way I read the new changes in the law is if your caregiver gives you a hand job, they can sell you all the weed you want.

So we just hire hookers to sell the weed and give people a happy ending in the back room.

Kola Radical said:

So the way I read the new changes in the law is if your caregiver gives you a hand job, they can sell you all the weed you want.

So we just hire hookers to sell the weed and give people a happy ending in the back room.

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LOL.....sounds like a good place to start, to me!!

Im going to call the health department tomorrow and ask them what they expect us to do... If they tell me to call someone else, I will, and again, and again, and again...

Horrible decision today, hopefully it gets overturned.

Health Board Redefines Medical Marijuana Caregiver

Health Officials Hold Emergency Meeting On Medical Pot Rules

Lance Hernandez, 7NEWS Reporter

POSTED: 11:47 am MST November 3, 2009
UPDATED: 6:57 pm MST November 3, 2009



DENVER -- State health officials called an emergency meeting Tuesday to reverse a decision made last summer on the definition of a medical marijuana caregiver. And their decision isn't going over very well with medical marijuana users or providers.

Last summer state health officials broadened the description of caregiver to include anyone who was providing medical marijuana to patients with debilitating conditions. But last week, the Colorado Court of Appeals ruled that a caregiver has to be someone who must have personal contact with clients and does more than provide medical marijuana.

So on Tuesday the board of health changed its rules to conform.


The executive director of the Colorado Department of Health and Environment said that means medical marijuana providers may have to prove that they do more for their clients' welfare, such as grocery shopping or taking them to a doctor's office.

"If someone is confronted by police that is providing medical marijuana, that person may have to prove that he or she is doing more than providing marijuana, that they're providing other services, they're providing groceries, taking them to a doctor's office, something like that," said Jim Martin, the executive director of the Colorado Department of Health.

Medical marijuana patients say that's hogwash.

"I don't need somebody to run to the store for me. I don't need somebody to give me a bubble bath. I need someone to grow good quality marijuana that helps me with my medical condition," said Tim Martin, a medical marijuana user.

Users say the decision is going to make it more difficult and more costly to purchase medical marijuana.

"They're forcing me to go to the black market to buy a product that I know nothing about and that I have no input on," said Roger Ronas.

Ronas, 51, said he suffers from end stage renal disease and that medical marijuna has allowed him to avoid dialysis and to cut back on regular medication.

An attorney who has represented many marijuana patients says he may file a lawsuit seeking to stop the state from enforcing its new rule.

"I think it's going to add to the cost and the burden of supplying the patients with their medicine. It's going to decrease the amount of people who go into the business of caregiving," Attorney Robert Corry said.

He said he will ask the Supreme Court to overturn the appeals court ruling that led to Tuesday's decision.

Marijuana advocates say not only is the decision wrong, so is the way it came about -- during an emergency meeting, called with less than 24 hours' notice.

Robert Chase used a bullhorn beforehand to call for Martin's resignation and the resignation of the state's Chief Medical Officer Ned Colange.

"I believe they committed gross misfeasance. They knew full well there was not an emergency basis for holding this meeting," Chase said.

The state constitution defines a caregiver as an adult who "has significant responsibility for managing the well-being of a patient who has a debilitating medical condition."

In August, the health board of the Colorado Department of Public Health and Environment tried to clarify the rules by defining "significant responsibility" as simply supplying marijuana. But the Court of Appeals ruling last week prompted the state health board to suspend its August definition of "significant responsibility."

"What we came up with is a definition that is now not legal," said board member Kindra Mulch. "We tried to clarify it, and it seems like we muddied the waters."

The board will decide Dec. 16 whether to eliminate its "significant responsibility" definition. And although the board will take public comment before the vote, it doesn't appear the board has much of a choice but to make its decision final.

"We're falling back on the (state) constitution because at this point, we don't have anywhere else to go," Martin said.

Corry criticized the health board for not allowing public comment Tuesday.

"This is a secret meeting," he said shortly after a board member told him he was out of order for insisting on speaking. "The people are not being allowed to participate. This is illegal, Mr. Chairman. And I'll see you in court!"

The board said the public comment portion of the hearing is slated for its December meeting.

Pierre Werner, president of the DrReefer dispensary, said if the ruling sticks it will increase his expenses.

"This is going to force me to hire more people to provide these (additional) services to the patients, and in the long run, those costs are going to be passed down to the patients," said Werner.

It seems to me, we had this same "word" problem here as well.....the key word for our state was "provider" as oppose to "giver" behind of the word "care"....if memory serves me, thats how petty if got for us at one time. Once we got the wording changed, it was up to the patient to select THEIR grower/careprovider and not the state, which would force some to opt the BM for their meds!!

Let me check with some of my partners here to make sure I am speaking the truth about that wording thing!!!

I hope it gets overturned as well....you don't want the state to be THAT involved in your care!!!

i was there and lucky enough to get a seat inside right behind rob corry. i was very confused during most of it but rob was able to explain more. as for 8 minutes i thought it took a bit longer than that maybe 15 lol what a joke. it definatly leaves more grey area's. I'll definatly be there on december 16th.

Bud Spleefman said:

Horrible decision today, hopefully it gets overturned.

Health Board Redefines Medical Marijuana Caregiver

Health Officials Hold Emergency Meeting On Medical Pot Rules

Lance Hernandez, 7NEWS Reporter

POSTED: 11:47 am MST November 3, 2009
UPDATED: 6:57 pm MST November 3, 2009



snip


"What we came up with is a definition that is now not legal," said board member Kindra Mulch. "We tried to clarify it, and it seems like we muddied the waters."

snip.

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No duh, Kindra. Maybe you've muddied those waters by telling Colorado voters to go piss up a rope. We told you what we wanted, we jumped through your legal hoops, dotted the i's, crossed the t's, ran it up the flag-pole, put it on a ballot, voted FOR it, and now some activist judge and the cdphe are trying to urinate on our votes. This is starting to stink of disenfranchisement.I hope Rob Corry takes the entire sorry lot to the cleaners.
I'm still sooo p.o'd... i need to