DENVER - The Colorado State Board of Health acted "illegally" last week when it amended rules on medical marijuana providers, a Denver judge ruled Tuesday.
District Judge Larry Naves lectured the board for a second time for holding meetings on public health issues without input from the public and with no consideration for consequences to patients.
At a hastily-called "emergency meeting" on Nov. 3rd, the Board of Health did not allow public input while repealing its definition of medical marijuana caregivers, prompting charges of illegal action from marijuana industry attorneys. The board ruled providers had to do more than just give patients marijuana.
"The board, in acting on November 3rd, violated the law," Judge Naves said in his ruling.
He also castigated the health board for violating Colorado's open meeting laws not once, but twice. Two years ago, Naves ruled in favor of AIDS patient Damien LaGoy, who challenged the board's limit of five patients per marijuana provider. He said the board was guilty of the same violations, while ignoring concerns of patients and the public's right to input on health issues impacting everyone.
"This is a victory for voters of Colorado. This is a victory for 'sunshine' in government, open government. This is a victory certainly for the patients," said attorney Rob Corry, who challenged last week's meeting in court.
Meanwhile, the Colorado Department of Health and Environment defended its actions.
"When the board took its emergency action a week ago, (it was) an attempt to clarify any misconception about what it meant to provide significant responsibility for the well being of a medical marijuana patient," said department spokesman Mark Salley.
But the board's illegal ruling threw the state's expanding medical marijuana industry, and the situation for more than 12,000 registered marijuana patients, into turmoil.
"I've come to the conclusion that they're going to keep trying to (limit medical marijuana use) over and over until I'm either in a wheelchair or testifying from the hospital," said Damien LaGoy, an HIV patient for 25-years who uses medical marijuana to relieve nausea from several medications he takes daily
"Patients have a constitutionally-guaranteed right to medicine. That is what the main issue is. That is in the state constitution," said Bob Hagedorn, a one-time Democratic state lawmaker who fought against medical marijuana.
The Health Board plans to take up the controversial issue again December 16th.
Members were only planning to take written public comments. However, Corry says he expects a huge turnout of people from all facets of the medical marijuana industry in Colorado, who will demand to be heard.
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District Judge Larry Naves lectured the board for a second time for holding meetings on public health issues without input from the public and with no consideration for consequences to patients.
At a hastily-called "emergency meeting" on Nov. 3rd, the Board of Health did not allow public input while repealing its definition of medical marijuana caregivers, prompting charges of illegal action from marijuana industry attorneys. The board ruled providers had to do more than just give patients marijuana.
"The board, in acting on November 3rd, violated the law," Judge Naves said in his ruling.
He also castigated the health board for violating Colorado's open meeting laws not once, but twice. Two years ago, Naves ruled in favor of AIDS patient Damien LaGoy, who challenged the board's limit of five patients per marijuana provider. He said the board was guilty of the same violations, while ignoring concerns of patients and the public's right to input on health issues impacting everyone.
"This is a victory for voters of Colorado. This is a victory for 'sunshine' in government, open government. This is a victory certainly for the patients," said attorney Rob Corry, who challenged last week's meeting in court.
Meanwhile, the Colorado Department of Health and Environment defended its actions.
"When the board took its emergency action a week ago, (it was) an attempt to clarify any misconception about what it meant to provide significant responsibility for the well being of a medical marijuana patient," said department spokesman Mark Salley.
But the board's illegal ruling threw the state's expanding medical marijuana industry, and the situation for more than 12,000 registered marijuana patients, into turmoil.
"I've come to the conclusion that they're going to keep trying to (limit medical marijuana use) over and over until I'm either in a wheelchair or testifying from the hospital," said Damien LaGoy, an HIV patient for 25-years who uses medical marijuana to relieve nausea from several medications he takes daily
"Patients have a constitutionally-guaranteed right to medicine. That is what the main issue is. That is in the state constitution," said Bob Hagedorn, a one-time Democratic state lawmaker who fought against medical marijuana.
The Health Board plans to take up the controversial issue again December 16th.
Members were only planning to take written public comments. However, Corry says he expects a huge turnout of people from all facets of the medical marijuana industry in Colorado, who will demand to be heard.
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