MEDICAL MARIJUANA ACCESS EASES

Policy Overturned That Set a 5-Patient Limit Per Provider

Access to medical marijuana will be easier as a result of a ruling by
a Denver judge.

District Judge Larry Naves last week overturned a state health
department policy that restricted providers of medical marijuana to
five patients.

The ruling endorses a settlement reached between the health department
and attorneys for AIDS patient Damien LaGoy, who sued after his
caregiver request was denied in May based on the five-patient rule.

The denial forced him to buy marijuana on the street, LaGoy
said.

"I was in a very dangerous situation," LaGoy said at a news conference
Monday. "I was trying to get medical marijuana from some of the
darkest spots in town, risking my life at times. I actually have been
robbed once trying to find medical marijuana. Also, you never know
what you're getting."

LaGoy, who has AIDS and hepatitis C, said marijuana helps control his
nausea and gives him an appetite. "Medical marijuana is about the only
thing that helps," he said.

Naves granted an injunction this summer preventing the health
department from enforcing the policy, which he said was adopted by the
department in a closed meeting in 2004.

That ruling led to negotiations in which the state agreed not to
enforce the five-patient rule and to notify patients, caregivers and
others when considering policies affecting medical marijuana users.

Naves subsequently overturned the five-patient policy, saying its
adoption violated the Colorado open meetings act.

"The health department just randomly selected five as the limit in a
secret, clandestine meeting that was not open to patients or
caregivers or doctors or the scientific community," said attorney
Brian Vicente.

Dan Pope, whom LaGoy chose to be his caregiver and supplier of medical
marijuana, said he hopes the ruling "will pave the way for
establishing regulated dispensaries to provide medical marijuana in a
safe, reliable way."

Supporters say the ruling is a victory for as many as 1,800 medical
marijuana users in Colorado.

Health department spokesman Mark Salley said the department will take
a new look at a "whether a limit is warranted and what that should
be."

Whatever the department does, Salley said, would involve public
comment.