"Emergency" Meeting in Denver!

[altitudefarmer]

I took this from an e-mail sent out by sensible Colorado:

In an underhanded move, the Colorado Board of Health will be voting to weaken the medical marijuana law at an "emergency" meeting on Tuesday, November 3 at 10:30am in Denver. At this stealth meeting the Board will be voting to redefine what a "caregiver" is to require such individuals to provide supplementary-- and often unnecessary-- services beyond simply providing sick patients with medical marijuana.

"This is like requiring my pharmacist to give me a massage or make me a sandwich," said Dan Pope, muscular dystrophy patient and medical card holder. "I can do those activities myself. I need a caregiver to give me medicine. End of story."

This meeting, which was announced in a late afternoon email to a small handful of patient advocates, is another example of the state engaging in underhanded tactics in their effort to undermine the medical marijuana law and the will of the Colorado voters. Please help hold them accountable.

Here's How You Can Help:

(1) Attend the Meeting. This meeting will occur at 10:30am on Tuesday, November 3 in the Snow Room, 1st Floor Building A of the Colorado Department of Public Health and the Environment, 4300 Cherry Creek Dr. South, Denver CO.

(2) Call-in to the Meeting. While we strongly prefer that you attend in person, you can also call-in at 1-866-899-5399, conference code *3529725*

(3) Spread the Word. Please tell friends and family to attend the meeting and forward this alert widely!

:sign0065:
Sensible Colorado | PO Box 18768 | Denver CO 80218

 

[ReelBusy1]

got any reporters in Denver?
they should expose the Board for its actions to the public.

 

[altitudefarmer]

I made sure all the major Denver television and radio stations received phone calls or e-mail.

 

[sky high]

Colorado health board suspends medical marijuana rule
Today's action temporary; dinal decision due Dec. 16
Associated Press
Posted: 11/03/2009 12:38:15 PM MST


DENVER (AP) — Colorado health officials have decided to temporarily eliminate a regulation involving medical marijuana caregivers, putting off a final decision until next month.

The state health board took action Tuesday because members are concerned their definition of who can provide patients with medical marijuana contradicted a ruling last week from the Colorado Court of Appeals.

The board has said that anyone who supplies the drug should be considered a caregiver under the state's voter-approved medical marijuana law. But the appeals court ruled that caregivers must have personal contact with medical marijuana patients and do more to help a patient with a debilitating condition that merely provide them with the drug.

The health board will make a final decision on Dec. 16.

 

[Rolln J]

cal supreme court did the same thing

 

[budkatz]

Dec 16 hearing postponed:

http://blogs.westword.com/latestword/2009/11/board_of_health_postpones_next.php

Board of Health postpones next medical-marijuana meeting
By Michael Roberts in Follow That Story, MarijuanaMon., Nov. 23 2009 @ 2:02PM
Photo by Joel Warner
A photo from the last Board of Health meeting about medical marijuana earlier this month.
​Medical-marijuana entrepreneurs and patients, among others, have been waiting with trepidation for the next Board of Health meeting, slated for December 16, at which its recent tweak of the "caregiver" definition was expected to be revisited following a Denver District Court ruling throwing it out.

Well, the wait just got a little longer. The board has announced that it's postponing the sit-down -- and no new date has been set. The release says only, "The board will explore its legal options before determining how to proceed."

That's extraordinarily vague, not to mention deliberate -- especially considering that the initial board action was deemed an "emergency." See the entire release below:

Board of Health Postpones Dec. 16 Rulemaking Concerning the Medical Marijuana Registry Program
DENVER -- At its meeting on Nov. 18, the state Board of Health voted to postpone its rulemaking hearing scheduled for Dec. 16 concerning the proposed repeal of the definition of "significant responsibility for managing the well-being of a patient" (Regulation 2 A(iii), 5 CCR 1006-2).

The postponement comes following a Nov. 10 decision by Denver District Court Judge Larry Naves that voided the Board of Health's Nov. 3 emergency rulemaking. That rulemaking had eliminated language about the regulatory definition of "significant responsibility" as that term relates to primary caregivers for medical marijuana patients.

As stewards of Colorado's public health, the board recognizes and considers the needs and health of all Colorado citizens in its actions and will continue to seek appropriate input in its public proceedings.

The board will explore its legal options before determining how to proceed. Please continue to check the Board of Health's Web site, , for information about rescheduling of the hearing.

 

[snowkitty]

Their recall on 11/3 was relatively quick which says to me citizens did their job making a ruckus before the meeting was even held.

Budkatz is right that this seems to have gone into "non-emergency" and then "doh! bad idea" status. LOL.

 

[sedate]

My understanding was that the November 3 meeting was already ruled illegal - and even then the removal of that subsection from CDPHE guidelines - didn't really do anything to the whole quasi-legal status of the entire mmj scene.

I think there is now *more* confusion than ever - which - from a criminal defense standpoint - is a good thing.

The more confused the CDPHE is, the better.