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New Colorado Regs See Legal Challenge


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Good Stuff! If the legislature want to use the new Colorado model, we can use the developing Colorado legal arguments against it.


The petition asks the court to rule that the confidentiality and privacy

provisions of the Constitution will be violated by HB 10-1284's requirement

that Medical Marijuana Centers collect patient information and share it

with law enforcement.


Reid writes that this will "expose the confidential information of the

hundreds of thousands of medical marijuana patients and care-givers in

blatant violation of the Colorado Constitution."


Reid writes, "There is an additional confidentiality concern in regards to

medical marijuana because its possession and cultivation and acquisition

may still be illegal under federal law although legal under state law." He

continues, "Patients who are 'outed' as users of medical marijuana,

although legal and constitutional, risk losing their freedom, health

insurance coverage, government benefits, college tuition loans and grants,

employment, children, and other such harms."



Attorney Reid also asks the court to overturn the "local option" provision

of HB 10-1284 that allows cities and counties to ban medical marijuana

distribution. Reid argues that there is neither a rational basis for this

provision nor is there a compelling state interest. Reid writes:


"There is no 'rationality' in allowing municipalities and counties to

regulate to death and ban access of patients to doctor recommended,

constitutionally sanctioned, medical marijuana medication while not giving

these same local governments authority to similarly regulate and ban far

more potent and dangerous, if abused, substances such as pharmaceutical

narcotics and alcohol."

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