Today Marijuana advacates all over Colorado celebrated today as Denver Judge Larry Naves took 2 hours to come to the conclusion that last weeks emegency Colorado Board of Health hearing was invalid and now void...
"By the evidence presented here today, I find that the defendants have violated the court order when, in November, there was a meeting without notice that complied with the law and the parties changed the rules," says Naves. "I find that there was no emergency. The justification for an emergency was a Court of Appeals decision that was not even final. And the Court of Appeals could not use the [Board of Appeals rule in question]...
"It appears from the transcripts from the meeting on November 3rd [that they] did not understand how Court of Appeals decision even worked, even though it was suggested here that the explanation was given off the record...
"Even though the Court of Appeals had an opportunity to say in the ruling that this new rule was in conflict with this decision, they did not do that...
"[I had a concern] two years ago, and it appears that the board did the exact same thing they promised not to do. One of the reasons they violated the rules is that they seem to forget the plaintiffs in this case. In the transcript, there isn't any mention of the plaintiffs in the case... These people have, without dispute, serious problems for which they have prescriptions for medical marijuana... There was no mention of the impact of this change on these people... There is no consideration of how plaintiffs and others who need medical marijuana would obtain it...
"So, again, I find that the board in their November 3rd meeting violated the law. Therefore the rule change they enacted is invalid and void....
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