Medical-Marijuana Ruling

COURT SAYS MEDICAL-MARIJUANA GROWERS MUST HAVE CLOSE PATIENT CONTACT

The Colorado Court of Appeals redefined the role of medical-marijuana
caregivers Thursday in a ruling that says growers must have more
meaningful contact with patients than simply providing the drug.

The court upheld the conviction of Stacy Clendenin, who in 2006 was
charged with cultivation of marijuana in her Longmont home, which is a felony.

Clendenin argued that the marijuana she grew was distributed to
authorized medical-marijuana patients through dispensaries. The court
found that Clendenin needed to know the patients.

In a special concurring opinion, Judge Alan Loeb wrote that
Colorado's Amendment 20, which legalized medical marijuana, "cries
out for legislative action" because it is vague in regulating the
roles of caregivers.

Clendenin's attorney, Robert Corry, said he plans to appeal the
ruling to the Colorado Supreme Court and said the decision has only a
narrow impact.

"The ruling only applies to those who went to trial before July when
the state medical board agreed that caregivers could simply provide
marijuana," Corry said. "This ruling does not affect people that are
in business right now. That being said, I represent a number of
clients, and I will be advising people to meet their patients in
person, in the abundance of caution."

Mike Saccone, a spokesman for Colorado Attorney General John Suthers,
disputed Corry's statement that the decision is limited to Clendenin
and a few others charged before July. He said that the attorney
general believes the court's interpretation of the state's
constitution trumps any actions by the state medical board.

"The decision speaks for itself," Saccone said.

Suthers applauded the court's decision. "I am pleased to see the
Court of Appeals has provided legal support for our case that a
caregiver, under Amendment 20, must do more than simply provide
marijuana to a patient," Suthers said in a statement. "I also was
pleased to see the assertion in the special concurrence that
Amendment 20 'cries out for legislative action.' I could not agree
more. I hope the legislature will act and create a regulatory
framework that gives substance to the Court of Appeals' findings."

Clendenin wants to get the felony removed from her record and already
has served a probationary sentence.

Thursday's ruling, if upheld on appeal, could change the process now
in place to supply the burgeoning medical-marijuana industry in
Colorado -- if the Colorado legislature doesn't restrict it first.

State Sen. Chris Romer plans to introduce some medical-marijuana
restrictions when the legislature convenes in January.

"The state needs to issue clear, bright lines and needs to define
medical marijuana with a meaningful-caregiver relationship," Romer said.

Romer said some caregivers are operating like convenience stores
without knowing whom they are serving. He believes caregivers should
provide other services to patients, such as acupuncture, pain
management, counseling and nutrition.

The Court of Appeals agreed but didn't define what would constitute
an acceptable relationship between patient and caregiver.

"If you are a dispensary simply selling marijuana and acting like a
7-Eleven, you will now be prosecuted based on this decision," Romer
said. "My hope is that this will slow or stop the gold rush of
dispensaries that are growing like weeds, no pun intended."