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CDPHE Emergency

G

guest123

Fucking Aye! We won!

10:50 a.m.: Judge Naves has returned. He only rules on the claimants' first claim of relief, which is that the Board of Appeals violated an court order two years ago that agencies considering marijuana rule changes would first notify people impacted by the rule changes.

"By the evidence presented here today, I find that the defendants have violated the court order when in November there was a meeting without notice that complied with the law and the parties changed the rules," says Naves. "I find that there was no emergency. The justification for an emergency was a Court of appeals decision that was not even final. And the Court of Appeals could not use the [Board of Appeals rule in question]...

"It appears from the transcripts from the meeting on November 3rd did not understand how Court of Appeals decision even worked, even though it was suggested here that the explanation was given off the record...

"Even though the Court of Appeals had an opportunity to say in the ruling that this new rule was in conflict with this decision, they did not do that...

"One concern I have two years ago, and it appears that the board did the exact same thing they promised not to do. One of the reasons they violated the rules is that they seem to forget the plaintiffs in this cae. In the transcript there isn't any mention of the plaintiffs in the case... These people have, without dispute, serious problems for which they have prescriptions for medical marijuana... there was no mention of the impact of this change on these people... There is no consideration of how plaintiffs and others who need medical marijuana would obtain it...

"So, again, I find that the Board in their November 3rd meeting violated the law. Therefore the rule change they enacted is invalid and void....

The defendants are enjoined from enforcing that modification until a meeting in compliance with the court order and open meeting act can be held."

Judge Naves also awards reasonable attorney fees to the plaintiffs for enforcing the 2007 court order.

Court is in recess. The marijuana advocates have won.

Beautiful!!!

Happy for us all here.
 

sac beh

Member
I think I'm gonna write Mr. Corry a polite don't fuck this up for us email.

I'm with you here. If his client was facing jail time, that would be different. But it makes me think he's going for hero status more than anything. And I can't imagine any of his caregiver clients wanting him to rock the boat on this quite yet.

Let's see if we can get a favorable definition of caregiver and a CDPHE ruling more respectful of patients December 16, then make the next move.
 

DankHank

Member
http://www.denverpost.com/search/ci_13753347
DENVER—A Denver judge has overturned a state health board vote that narrowed the definition of who can supply medical marijuana.
Denver District Court Judge Larry Naves (NAY'-vus) said Tuesday that the measure adopted by the health board last week was illegal because the board didn't give enough public notice of the meeting.

He also chided the health board for not considering the impact on patients.

The health board's vote would have required medical marijuana suppliers to provide other help to their clients. Medical marijuana advocates challenged that in court, saying the change was made with little notice.

Naves agreed.

His ruling means medical marijuana suppliers can continue to provide only the drug and nothing else to registered users.
 

cobcoop

Puttin flame to fire
ICMag Donor
Veteran
http://www.denverpost.com/search/ci_13753347
DENVER—A Denver judge has overturned a state health board vote that narrowed the definition of who can supply medical marijuana.
Denver District Court Judge Larry Naves (NAY'-vus) said Tuesday that the measure adopted by the health board last week was illegal because the board didn't give enough public notice of the meeting.

He also chided the health board for not considering the impact on patients.

The health board's vote would have required medical marijuana suppliers to provide other help to their clients. Medical marijuana advocates challenged that in court, saying the change was made with little notice.

Naves agreed.

His ruling means medical marijuana suppliers can continue to provide only the drug and nothing else to registered users.
At least until Dec. 16th. We NEED PEOPLE to show up at that meeting, please be there if at all possible. I'll be the one with the pill bottles falling out of my pockets, like a good American Pharma consumer ;)
 

cobcoop

Puttin flame to fire
ICMag Donor
Veteran
Can anyone say terri schiavo????
According to Romer, he spoke to the Camera in order to reach students at the University of Colorado, among others. His goal: to shine a spotlight on his thoughts concerning the creation of "a medical review board for those under the age of 25." He doubts that marijuana is medically necessary for a lot of younger people who've managed to get a doctor's approval for obtaining it. As he puts it, "There's some evidence of abuse in that age category when you correlate the statistics about conditions that can benefit from medical marijuana and then cross-correlate that data with those under 25."
 

wspcolorado

Member
Just returned from Oakland, checked out Oaksterdam and they preach activism, we all need to be here on the 16th. No need to hide behind closed doors.
 

Balazar

Member
I will be there on the 16th and I will be writing Sen. Romer a hand written letter and an email. I will see if I can get his info on here as well to get more people on this band wagon. The more people that they see they are up against the more they will be forced to bend to our will. The all mighty vote will trump all. If Sen. Romer thinks he is in hot water at the next election for opposing us he will try to appease us for fear of loosing his office.
 

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