Colorado Court of Appeals Hears Medical Cannabis Case

This from Colorado420.com

Tuesday, Sept. 22, 2009
Oral Arguments
1:30 pm
Open to the Public: Supporters are encouraged to attend

Where:
Colorado Court of Appeals
2 E. 14th Ave., Third Floor, Denver
(On 14th and Broadway across from the State Capitol)

Click here to read the briefs in the case:
http://www.colorado420.com/news/clendenin/

{Denver} -- On Sept. 22, the Colorado Court of Appeals will hear oral arguments in one of the first appeals concerning a medical cannabis conviction in Colorado. One of the key issues in this appeal is whether a person can act as a "primary caregiver" for a patient without having met the patient in person. Stacy Clendenin, a medical cannabis patient and caregiver, was convicted of felony possession and distribution of marijuana in October 2006 in Boulder County.  Stacy served as a cannabis primary caregiver for multiple patients. The trial court ruled that none of Stacy's patients would be allowed to testify in court if they did not have personal contact with Stacy while she was serving as their caregiver. Stacy was convicted by a jury on all charges.

Rob Corry, one of the state's top experts on medical cannabis law, is asking the Court of Appeals to overturn Ms. Clendenin's conviction on several grounds. Article XVIII, Section 14 of the Colorado Constitution (Colorado's Medical Marijuana Law) defines "primary caregiver" simply as a person having "significant responsibility for managing the well-being of a patient." Corry argues that there is no Constitutional provision or law that requires the primary caregiver to have face-to-face contact with the patient and that the trial court erred by making an arbitrary decision to prevent patient witnesses from testifying. Corry will argue that Ms. Clendenin had significant responsibility for the well-being of several patients, all of whom should have been allowed to testify to the jury.

"An analogy is a pharmacist who dispenses medicine manufactured by a drug company: there is no need for the individuals who produce the medicine at a drug company far away to personally meet the patients who ultimately use the medicine," Corry writes in his opening brief. "Any contrary rule unreasonably restricts a beneficial, life-saving medicine from those who need it to survive but who are incapable of producing it on their own, and unreasonably punishes those like Ms. Clendenin who generously help suffering people."

The Colorado State Board of Health recently supported Corry's interpretation of the law, in new rules adopted on July 20, which state that "significant responsibility" could mean simply providing a patient with medical marijuana.

Rob Corry will also ask the Court of Appeals to review other issues from Ms. Clendenin's trial, including the validity of the search warrant and the denial of the "end user" defense by the trial court.

 

Comments

[SunflowerPipes]

There are many good persuasive arguments on why America should legalize marijuana; the problem is that fact has not translated into real political pressure on the people who can change the laws. One of the problems inhibiting legalization is that people that smoke a glass pipe or a hand rolled marijuana cigarette are not considered serious or mature. It is this stigma and the illegal nature of pot that makes people hide their use from public view, therefore reality of who uses pot is different than it seems. Marijuana Legislation is a serious issue and that has profound effects on crime the economy and society. In the end it is up to us to be public about our choices and to voice our opinions to the ones that ultimately decide what is legal. Every hand written letter that makes it to a representative is considered to be the voice of a thousand people who did not take the time to write. Send an email, send a letter, make a phone call and get counted.

IMPIart.com