MEDICAL-POT LAW PASSES FIRST TEST

The "troublesome" medical marijuana amendment, a dilemma for Colorado
lawmakers, passed its first legislative test Tuesday in a House committee.

The dilemma is this: Marijuana users and providers, even if the drug is for
medicinal purposes, are violating federal law. But the legislature needs to
pass a medical marijuana law by April 30 to uphold the Colorado Constitution.

"We need to do something, or we set ourselves up as a state to be sued,"
said Rep. Mark Cloer, R-Colorado Springs, who introduced HB 1371 to
implement Amendment 20, a ballot issue approved by Colorado voters last
November.

Rep. Andrew Romanoff, D-Denver, suggested it might be more prudent for the
legislature to wait until the U.S. Supreme Court rules on the legality of
medical marijuana laws, which have passed in Colorado, Oregon and other states.

"I'm uncomfortable passing a law that subjects the people who follow it to
prosecution," Romanoff said. Still, he voted for it, saying, "We have no
choice but to pass this bill."

Dr. Richard Hoffman, chief medical officer in the Colorado Department of
Public Health and Environment, said state health officials have taken
several steps to implement the law.

The department has adopted rules for the confidentiality of patients
applying and issued cards enabling them to get the drug. The bill would
subject anyone violating the confidentiality of those records to fines and
jail time.

Applicants claiming debilitating medical conditions also could be subject
to penalties if they're not telling the truth.

The state would allow authorized users to grow a limited number of
marijuana plants and issue identification cards at a cost of $150 a year. A
registry and distribution system would be in place by June 1, with two
full-time employees and a cost of $103,000, Hoffman said.

The House Criminal Justice Committee approved HB 1371 on a vote of 10-1,
sending it to the full House for consideration.

It had an easier time approving one amendment - changing the "marihuana"
spelling in Colorado's long-standing drug laws to "marijuana." The "h" to
"j" change won unanimous approval.