This decision has only come out, so more time is needed to figure out the actual long-term impact of today’s ruling, but it appears as if the Colorado Court of Appeals has struck a blow against marijuana dispensaries in the state. Obviously, this is not the end of the line as this opinion will no doubt be appealed to the Supreme Court.
The Colorado Court of Appeals upheld the criminal conviction for marijuana cultivation of Stacy Clendenin, ruling that a person designated as a medical marijuana “caregiver” must do more than just supply marijuana to patients. In a strange decision, the Court of Appeals argued that the caregiver cannot simply grow the marijuana even if he or she knows that the marijuana is going to be used for a patient–the caregiver must actually know the identities of the patients.
In a special concurring opinion, Judge Alan Loeb wrote that Colorado’s consitutional amendment legalizing medical marijuana “cries out for legislative action.” Hopefully this action will include a common sense approach to marijuana.
Source: http://www.denverpost.com/ci_13668544
Filed under: Drug Offenses, Marijuana Tagged: | Marijuana
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