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Denver Judge slaps state health department; rules medical marijuana patients
can appoint provider of their choice.
DENVER -- Sensible Colorado will hold a press conference on Monday, Nov. 19,
in front of the Denver City and County Building, to announce the issuance of
an order by Chief Denver District Court Judge Larry J. Naves permanently
overturning the Colorado Health Department's "Five Patient Policy."
Adopted
by the Health Department in a closed meeting in 2004, this policy limited
the number of patients to which a caregiver can provide marijuana for
medical purposes.
Chief Judge Naves's decision stems from a lawsuit filed in June 2007 by
Sensible Colorado on behalf of state-licensed medical marijuana patient
Damien LaGoy. LaGoy, who uses medical marijuana to cope with nausea related
to AIDS wasting-syndrome and Hepatitis C, sued the agency after his
caregiver request was denied by the Health Department in May 2007 based on
the "Five Patient Policy." In a July hearing Judge Naves temporarily
suspended the policy accusing the agency of acting inappropriately in
establishing the policy in a closed-door meeting which was not open to
public or scientific input. Naves further alluded to the harmful nature of
the policy in stating, "There is no reason this plaintiff should suffer."
In a decision released late last week, Naves permanently overturned the
policy citing violations of both the Colorado Open Meetings Act and the
Administrative Procedures Act. This decision will allow the plaintiff
Damien LaGoy, and the rest of Colorado's 1700 licensed medical marijuana
patients, to appoint the medical marijuana provider of their choice.
"I feel safer already," said LaGoy. "Now I can get my medicine
from a safe
and responsible caregiver instead of taking my chances on the streets."
"This policy had the real effect of harming seriously-ill Coloradans,"
said
Brian Vicente, lead attorney and head of Sensible Colorado. "Hopefully
the
Health Department will now begin acting to help medical marijuana patients,
not harm them." |
