hofner67 Posted January 6, 2011 Report Share Posted January 6, 2011 http://www.cannabislawsuits.com/ 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." Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.