Colorado health board backs off medical marijuana rule
November 04, 2009 16:28 PM
DENVER - The battle over the legality of medical marijuana right now in Colorado appears to hinge on the word "caregiver."
On Tuesday, the Colorado Board of Health decided its previous definition of the word might have gone too far. In a unanimous decision it decided to temporarily throw out its summertime decision that was widely cheered by the medical marijuana community.
The July decision had allowed anyone who provided medical marijuana to a patient to be labeled a "caregiver."
Last week, the Colorado Court of Appeals issued a ruling that the Board of Health members felt cast serious doubt on their earlier vote.
"This is an unprecedented situation," Jim Martin, director of the Colorado Department of Public Health, said. "The conflict is clear and unavoidable," he told the Board of Health inside a packed room filled with advocates for medical marijuana.
Minutes later, the board decided to scrap its definition until it can hold a more formal meeting on the matter in December.
"This is bull---," one person could be heard saying as others simply walked out of the room.
Last week, the Colorado Court of Appeals upheld the conviction of a Longmont woman who had been charged with illegally cultivating marijuana in her home. The defendant had insisted she was growing for a number of patients on the state's registry. In its decision, the court suggested that a medical marijuana provider needed to have a more personal contact with his or her patients in order to qualify under Colorado's medical marijuana law.
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