DENVER - The future of Colorado's fast-growing marijuana industry could be going up in smoke, at least temporarily.
That's because the Colorado Board of Health on Tuesday reversed itself on exactly who can provide medical marijuana, saying "caregivers" must also provide another type of care.
The board says it is simply following the law and a ruling issued last week by the Colorado Court of Appeals. But the last-minute notice of their emergency meeting, and the fact the public was not allowed to speak has a lot of marijuana supporters very angry. That includes the lawyer who represented marijuana providers in the case ruled on by the Appeals Court last week.
"This is a secret meeting. The public is not being allowed to participate. This is illegal Mr. Chairman," said attorney Rob Corry, who interrupted the board meeting with a request to make a brief presentation and drew loud applause from the audience.
But he was denied by board members and nearly escorted from the building by police for continuing to ignore requests to stop interrupting.
In the contentious hearing packed with marijuana advocates, State Health Board members voted to temporarily eliminate a rule they set in July because their definition of who can provide patients with medical marijuana contradicted the State Appeals Court ruling last week.
"The Court of Appeals decision was clear and it was in significant conflict with the Board of Health's rules and under our system of laws the Court of Appeals get to decide what the law is we don't," said Jim Martin, Director of the Colorado Health Department.
"I think what the board did was add a severe lack of clarity to an area that they had previously clarified and worked hard on," said attorney Rob Corry, after the meeting.
The rule change may affect dozens of marijuana dispensaries popping up along the Front Range because it requires a so called "caregiver" to do more medically than just provide marijuana to a patient. It also requires them to provide personal contact and other services.
"Once again, we're under the fear of having our retail operations or growing rooms," said Nederland marijuana dispensary owner Mark Rose. "People, the government coming in and arresting us."
"What we saw here today is not democracy," said lawyer Corry, "This is government by illegality, this is an end run around the law."
But the Board says it was left with no other choice.
The Board has set December 16th for a full public hearing and final decision on the marijuana ruling.
.
That's because the Colorado Board of Health on Tuesday reversed itself on exactly who can provide medical marijuana, saying "caregivers" must also provide another type of care.
The board says it is simply following the law and a ruling issued last week by the Colorado Court of Appeals. But the last-minute notice of their emergency meeting, and the fact the public was not allowed to speak has a lot of marijuana supporters very angry. That includes the lawyer who represented marijuana providers in the case ruled on by the Appeals Court last week.
"This is a secret meeting. The public is not being allowed to participate. This is illegal Mr. Chairman," said attorney Rob Corry, who interrupted the board meeting with a request to make a brief presentation and drew loud applause from the audience.
But he was denied by board members and nearly escorted from the building by police for continuing to ignore requests to stop interrupting.
In the contentious hearing packed with marijuana advocates, State Health Board members voted to temporarily eliminate a rule they set in July because their definition of who can provide patients with medical marijuana contradicted the State Appeals Court ruling last week.
"The Court of Appeals decision was clear and it was in significant conflict with the Board of Health's rules and under our system of laws the Court of Appeals get to decide what the law is we don't," said Jim Martin, Director of the Colorado Health Department.
"I think what the board did was add a severe lack of clarity to an area that they had previously clarified and worked hard on," said attorney Rob Corry, after the meeting.
The rule change may affect dozens of marijuana dispensaries popping up along the Front Range because it requires a so called "caregiver" to do more medically than just provide marijuana to a patient. It also requires them to provide personal contact and other services.
"Once again, we're under the fear of having our retail operations or growing rooms," said Nederland marijuana dispensary owner Mark Rose. "People, the government coming in and arresting us."
"What we saw here today is not democracy," said lawyer Corry, "This is government by illegality, this is an end run around the law."
But the Board says it was left with no other choice.
The Board has set December 16th for a full public hearing and final decision on the marijuana ruling.
.
