Pubdate: Wed, 16 May 2001
Source: Denver Post (CO)
Copyright: 2001 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Karen Auge

STATE REVIEWING HIGH-COURT RULING ON MEDICINAL POT

Wednesday, May 16, 2001 - Colorado's attorney general is reviewing the U.S. 
Supreme Court's medical-marijuana ruling to see whether it conflicts with a 
state law set to take effect June 1.

Preparations to implement the law were put on hold Tuesday, and patients 
who had hoped they soon could buy and use marijuana openly are ready to 
retreat underground.

"A lot of patients had been organizing and hoping to move forward" with 
buyers' clubs or organized distribution of the drug, said Martin Chilcutt, 
who backed the first effort to put the issue before voters in 1998.

"Now it has to remain underground. It's foolish for any of us to stick our 
necks out" after the court's ruling, he said.

T. Scott Pegues, executive director of the Colorado AIDS Project, said that 
before the ruling, AIDS patients also intended to form buyers' clubs. Now 
those plans are history.

The nation's high court, ruling in a California case, found that federal 
law does not allow a "medical necessity" exception to prohibitions against 
distributing marijuana.

The court did not strike down California's medical-marijuana law, but the 
ruling paves the way for authorities to close an Oakland cannabis buyers' 
cooperative.

Colorado voters in November overwhelmingly approved a constitutional 
amendment that would allow possession of a small amount of marijuana.

Under the law, a patient with a "debilitating medical condition" can, with 
a doctor's recommendation, be listed on a state registry and be issued a 
state identification card allowing the patient to possess a small amount of 
marijuana.

The law did not establish a distribution system, so buying and selling 
marijuana is still illegal.

Many patients claim smoking marijuana eases complications from AIDS, 
symptoms of multiple sclerosis and nausea caused by some cancer treatments.

The high court's decision hasn't caused every Coloradan who wants to use 
marijuana to retreat underground.

Despite the court's ruling Monday - which was the first day on the job for 
the Colorado health department official who will oversee the medical 
marijuana program - the department fielded five calls Tuesday from people 
requesting applications to participate in the program.

Altogether, the state has received about 50 inquiries about the program 
since the November election, said Carol Garrett, state registrar of vital 
records.

Nevertheless, plans to implement the program are temporarily on hold, 
pending the attorney general's review of the ruling, a health department 
spokeswoman said.

Attorney General Ken Salazar hopes to have the analysis completed soon, 
said spokesman Ken Lane.

Lane declined to say whether the implementation of Colorado's new law will 
be postponed.

Staff writer Allison Sherry contributed to this report.
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MAP posted-by: Larry Stevens