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COLORADO MEDICAL POT LAW ALL SMOKE?

By Greg Piche'

The good news for Colorado Medical Marijuana smokers is that the Colorado State Constitutional Amendment making possession of pot more medically qualified users and their ?personal care providers? is Constitutional. The bad news is that it is still illegal to sell it. On October 29, 2009, in People v. Stacy Clendenen, 08CA064, a panel of the Colorado Court of Appeals affirmed the conviction of apparent pot entrepreneur, Stacy Clendenen, for cultivation of marijuana, possession with intent to distribute marijuana, possession of marijuana-eight ounces or more, and possession of drug paraphernalia, after rejecting her defense that she was a ?primary care giver, ?protected under the Constitution.

 A detective asserted probable cause for a search warrant of Ms. Clendenen?s home after determining that there had been an excessive use of power in her home and after locating several marijuana stalks in her trash after a search of her garbage. The issue as to the sufficiency of the alleged probable cause was not preserved for appeal. The Court rejected Ms. Clendenen?s argument that she was a ?personal care giver? by ruling that, by law, a marijuana grower who has no personal contact with patients does not satisfy the ?primary care giver definition.

 There has been a spate of marijuana entrepreneurs setting up shop in Colorado in anticipation of a mother lode of business from the surge in medical marijuana prescription applications.  Many of the-would be distributors have been puzzled by a lack of information as to where to obtain a marijuana distribution license.  Here is the catch. There is no such license or licensing procedure.  It?s all too good to be true. It cannot be grown or sold legally in the state.

 Since the Clendenen opinion there has been an outcry for corrective legislative action. There are a number of proposals bouncing around from licensed centers to state own stores. How is that for potential government encroachment into free enterprise? Will the state grow it or will it purchase from Mexican cartels trucking it in on I-25? Those present interesting images either way. John Denver would have loved it.  Truly. a ?Rocky Mountain High.?  There may yet be ?fire in the sky.?

Full post as published by Healthcare Law Blog on November 15, 2009 (boomark / email).