The Pot Wars Have Begun! Lawyers vs. Board of Health

(Anything with a headline like “The Pot Wars Have Begun” will likely automatically be promoted. – promoted by Colorado Pols)

During the emergency Colorado Board of Health hearing Tuesday that struck from state rules what, exactly, it means to be a marijuana caregiver and sent the state’s medical marijuana community into turmoil, prominent pot lawyer Rob Corry told board chairman Glenn Schlabs that “I’ll see you in court” when Schlabs wouldn’t let him or other members or the public speak. Turns out Corry wasn’t joking.

http://blogs.westword.com/late…

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  1. CaninesCanines says:

    Just noticed this earlier article on Westword’s web site about Sean McAllister, who was involved with the Breckenridge legalization initiative, and who’s involved in the lawsuit cited above.

    http://blogs.westword.com/late

    “What it comes down to in my opinion is sour grapes,” he argues. “The people enacted a constitutional amendment about medical marijuana, and it says what it says. But the establishment players have always been uncomfortable with the will of the voters on this, and they’re always looking for a way to undermine or retract it in some way. From the beginning, you had people like Suthers and Ken Salazar saying, ‘Watch out, doctors. We might prosecute you.’ But the only people who can limit medical marijuana are the voters, and we’ll aggressively litigate against any attempt to limit it in other ways.”

    Nonetheless, McAllister concedes that “some reasonable limitations might be appropriate — like a taxation of it. And a number of local towns are implementing reasonable limits. I testified in Eagle County about this, and they approved regulations — and other mountain and Front Range towns are on the verge of doing the same thing, as they should. These are local issues, and state lawmakers shouldn’t try to undermine the voters in those communities.”

    A lot of the panic over the increase in medical-marijuana patients is misplaced, McAllister believes. “We’ve got 15,000 to 18,000 patients now, and Oregon, a state of similar size, has about 30,000 — and California, which has had the law longer and is much larger, has over 200,000 patients. And part of my message to people is that this is part of the natural build-out of people who would benefit from medical marijuana, and it’s really not that large a percentage of the population. Even if there are 30,000 patients in Colorado, that’s only half a percent or one percent of the people in the state, even though an estimated 10 to 15 percent of all adults smoke marijuana.”

    • Arvadonian says:

      Robert Correy is the spouse of right-wing nut and Independence Institute affiliated Jessica Peck-Correy.  

      He’s had a couple of legal issues in his past as well—like, “I’m not sure how my penis ended up in that girl’s mouth, officer.”

      http://www.rockymountainnews.c

      Is he really the best attorney to represent the pro-medicinal marijuana folks?

      • Whiskey Lima JulietWhiskey Lima Juliet says:

        Just like any industry, we have internal challenges.  I wish i could say that every attorney, every activist group and all the dispensary owners are on one page.  We are not.

        However, out of the ashes will immerge a clear voice.  We are trying to put together an actual group of people that have been there and done this before.  That group will include polling, media, lobbyist and political types fighting alongside patients and dispensary owners.

        I should be able to fill you in on the particulars over the next week or so.

        Yeah, like I said, I have never been in bed with a more diverse group of people.  Some good, some strange, some stoned and some Republicans!  Go Figure!

      • One Queer Dude says:

           The RMN story says he was a lawyer for the House Judiciary Committee at the time of the shotgun incident in D.C. in 1998.

          That means he probably worked on the infamous blow job impeachment case against Bill Clinton.

  2. Colorado PolsColorado Pols says:

    Their big argument against things like TABOR reform is that the will of the people is being subverted. In this case, the will of the people is most definitely being subverted.

  3. CaninesCanines says:

    http://www.nytimes.com/2009/11

    Now a business that has nothing to do with cannabis is aiming its ads at medical marijuana patients. A new print ad – by TDA Advertising and Design of Boulder – for Hapa Sushi, a restaurant chain based in Boulder, features a map of Denver and Boulder with 63 dots. Four dots are red, representing the four Hapa locations, and the remaining 59 are blue, representing medical marijuana dispensaries, some of which, it turns out, are just a stone’s throw from the restaurants. The ad was to appear Thursday in the Denver/Boulder edition of The Onion and in Westword later in the month.

    “We’re just kind of saying, ‘Look, these dispensaries exist and they’re becoming part of our community, so let’s welcome them in and have some fun,’ ” said Mark Van Grack, owner of Hapa Sushi, a privately held, 10-year-old chain. “If you’re going to smoke pot, you’re going to get the munchies, so come to Hapa to eat.”

  4. Jambalaya says:

    …in December?  It seems unnecessary to go to court and bitch about the board’s not holding a sufficient hearing if another hearing is already scheduled and coming up soon.  Or maybe I’m mistaken about the Dec. hearing.

      • Jambalaya says:

        …in fact the article notes that the lawsuit’s proponents want another hearing, with plenty of notice, about the issue.  I believe the Board has already scheduled another hearing, with plenty of notice, to take place in December.  

    • divad says:

      Rec’d via email the other day…

      This is to notify you that the Department of Public Health and Environment has submitted proposed rules or amendments to existing rules concerning:

      Amendments to Rules and Regulations Pertaining to the Medical Use of Marijuana:

      Repeal of Regulation 2 A (iii), which defines the phrase “significant responsibility for managing the well-being of a patient.”

      The proposed rules or amendments may be found at:

      http://www.dora.state.co.us/pl

      The rulemaking hearing is set for Wednesday, December 16, 2009 at 10:00 am at

      Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive

      S., Sabin-Cleere Conf. Rm., Denver CO 80246.  For more information about the

      proposed rules or amendments, you can contact Ann Hause, Director, Office of

      Legal and Regulatory Affairs at 303-692-3472 at the Department of Public Health

      and Environment.

      We will be analyzing the proposed rules or amendments to determine if they may

      negatively impact Colorado’s small businesses, job creation or economic

      competitiveness.  If initial research indicates possible negative impact in one

      or more of these areas, we will request that the entity submitting the proposed

      rules or amendments perform a cost-benefit analysis.  If you want to provide us

      with feedback on the proposed rules or amendments to help us make that

      determination or to let us know how the proposed rules positively impact these

      areas, please email me at opr@dora.state.co.us.

      I hope you find this service and information useful.

      Bruce Harrelson

      Director

      Office of Policy, Research and Regulatory Reform

  5. Sir RobinSir Robin says:

    Let’s win this one. I’m here to help.

    God Bless WLJ

  6. ClubTwitty says:

    Al White in CO Senate Republican release:

    “If the state doesn’t take some action to put an end to this ‘Wild West’ environment, Colorado is going to become the global retail headquarters for international drug cartels. That is simply not responsible,” White added.

    (Because, apparently, problems can’t be solved without gross distortion and fear-mongering about foreigners…)

    leaving local governments scrambling to get a handle on the budding industry as unregulated marijuana dispensaries have popped up

    Ha ha

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