Judge says pot Growers can sell to more than 5 patients

A Denver District Court judge on Tuesday issued a preliminary injunction, blocking the state from enforcing a rule that says no grower of medical marijuana can provide it to more than five patients.

The ruling by Denver District Judge Larry Naves came after a five-hour hearing in a suit brought last month by 47-year-old Damien LaGoy.

LaGoy, who is suffering from AIDS and Hepatitis C, was denied permission from the state to obtain medical marijuana from his chosen supplier, because that supplier already had five approved clients.

The limit of five was not part of the state's medical marijuana law as passed by voters in 2000, and was established instead as policy to implement that law by the Colorado Department of Public Health and Environment.

"The number five was really just pulled out of the blue," said Brian Vicente, attorney for LaGoy and director of Sensible Colorado, a non-profit group which advocates on drug laws and policy.

LaGoy, who said medical marijuana is the only solution for relieving the crippling nausea caused by the regimen of pills he must take for his illnesses, filed his lawsuit against the state and numerous state officials June 22.

Tuesday's preliminary injunction means not only that the five-patient limit now does not apply for now to LaGoy and his chosen provider; it applies to medical marijuana users and providers across the state.

"The state adopted this arbitrary policy saying that five is enough,? said Vicente. ?It's tantamount to saying a doctor can only service five patients or a pharmacy can only service five patients at a time."

Mark Salley, a spokesman for the Colorado Department of Public Health and Environment, said ?In light of the judge?s decision, we will be revisiting the policy and deciding how best to represent the intentions of the citizens of the State of Colorado.?

LaGoy, who testified at Tuesday's hearing, was relieved at the decision.

"I'd like to thank the judge for probably, very possibly, saving my life," said LaGoy, who former nurse's aid who lives in Denver and survives on disability payments. "Now, I can probably get some medical marijuana. I can start taking my meds I have been missing, and getting chastised by roommates, friends and doctors."

Because Naves? ruling is a preliminary injunction, there could be further proceedings in LaGoy?s case ? unless the state now revises its policy in the wake of Tuesday?s court decision.

"The process from here," Vicente said, "is we'll be applying for a summary judgment, asking the judge to basically rule (permanently) in our favor based on the testimony we've established so far."

"If that is not granted, we will go to trial, I would imagine, in the fall."


Last Edited: Tuesday, 03 Jul 2007, 8:31 PM MDT
by CHARLIE BRENNAN
Judge says pot Growers can sell to more than 5 patients

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