Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
CO: The Senate Judiciary Committee wisely rejected one odd proposal Monday that sought to allow only individuals, not stores, to sell medical marijuana. Attorney General John Suthers supported the measure, along with some prosecutors, and it's a fair bet the constitutional rights of citizens to cultivate, buy and sell marijuana may come under continued assault until the legislature adjourns.
Expect some legislators and lawyers to speak mumbo jumbo, saying dispensaries are illegal. They'll tell us how a city council or county board of commissioners has some mysterious right to ban cultivation and commercial sales. No matter what they say, the state constitution clearly has more authority. It directly protects the cultivation and sale of medical marijuana. Amendment 20 says ( emphasis added by Gazette ): "'Medical use' means the acquisition, possession, production, use, or transportation of marijuana..."
The right to acquisition, possession and use requires the right to buy, sell and grow. It's just that simple. A local government cannot prohibit the sale or cultivation of marijuana without violating the right to possess, use and acquire it. Legislatures cannot pass laws that violate individual rights protected by constitutional law.
"There are all sorts of constitional problems with this bill," said Jessica Peck Corry, a Denver attorney who frequently argues the benefits of marijuana legalization on Fox News.
Arapahoe County District Court Judge Christopher Cross ruled in December that Coloradans have a constitutional right to buy marijuana, when he ruled against Centennial's moratorium on dispensaries by granting an injunction against the city to CannaMart medical marijuana dispensary. The plaintiff was represented by Corry's husband, the formidable civil rights attorney Robert Corry.
"These are people who have a right to medical marijuana, the right to the caregiver of their choice. That has been taken away from them," Cross said, putting the kibosh on Centennial's blatant attempt to break state law.
Legislators can vote and talk all they want in Denver this week. When they're done, individuals will retain the legal right to buy, sell and grow medical marijuana throughout Colorado. The Legislature, like elected city and county politicians, cannot undo our constitutional rights.
NewsHawk: User: 420 MAGAZINE
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2010 The Gazette
Contact: Submit a Letter : Colorado Springs Gazette, CO
Website: Colorado Springs News & Information : Colorado Springs Gazette, CO
Author: Wayne Laugesen
Expect some legislators and lawyers to speak mumbo jumbo, saying dispensaries are illegal. They'll tell us how a city council or county board of commissioners has some mysterious right to ban cultivation and commercial sales. No matter what they say, the state constitution clearly has more authority. It directly protects the cultivation and sale of medical marijuana. Amendment 20 says ( emphasis added by Gazette ): "'Medical use' means the acquisition, possession, production, use, or transportation of marijuana..."
The right to acquisition, possession and use requires the right to buy, sell and grow. It's just that simple. A local government cannot prohibit the sale or cultivation of marijuana without violating the right to possess, use and acquire it. Legislatures cannot pass laws that violate individual rights protected by constitutional law.
"There are all sorts of constitional problems with this bill," said Jessica Peck Corry, a Denver attorney who frequently argues the benefits of marijuana legalization on Fox News.
Arapahoe County District Court Judge Christopher Cross ruled in December that Coloradans have a constitutional right to buy marijuana, when he ruled against Centennial's moratorium on dispensaries by granting an injunction against the city to CannaMart medical marijuana dispensary. The plaintiff was represented by Corry's husband, the formidable civil rights attorney Robert Corry.
"These are people who have a right to medical marijuana, the right to the caregiver of their choice. That has been taken away from them," Cross said, putting the kibosh on Centennial's blatant attempt to break state law.
Legislators can vote and talk all they want in Denver this week. When they're done, individuals will retain the legal right to buy, sell and grow medical marijuana throughout Colorado. The Legislature, like elected city and county politicians, cannot undo our constitutional rights.
NewsHawk: User: 420 MAGAZINE
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2010 The Gazette
Contact: Submit a Letter : Colorado Springs Gazette, CO
Website: Colorado Springs News & Information : Colorado Springs Gazette, CO
Author: Wayne Laugesen
