Pubdate: Tue, 10 Jul 2012
Source: Denver Post (CO)
Copyright: 2012 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: John Ingold

VAGUE MEDICAL-MARIJUANA RULE LED TO CRIMINAL CHARGES, LAWSUIT ALLEGES

Two Colorado Springs medical-marijuana dispensary owners have filed a
lawsuit against the state Department of Revenue, alleging that they
are facing criminal pot charges because the department has not
clarified a key rule.

The question is when prospective medical-marijuana patients are
sufficiently approved for their designated dispensary to start growing
marijuana plants on their behalf. Dispensaries can grow six plants for
every patient who designates the dispensary as his or her "primary
center."

In the lawsuit - filed on behalf of Michael Kopta and Alvida Hillery -
attorney Sean McAllister argues that it is unclear whether
dispensaries can start growing the moment prospective patients send in
their application, when they're approved or at a later date.

It's not a trifling question because, as the criminal charges against
Kopta and Hillery show, dispensary owners can face criminal
prosecution if found to be over their plant limits.

"These center owners are not in the business to commit felonies,"
McAllister wrote in the lawsuit. "They are in business to comply with
the law. ... They cannot comply with the law if it is ambiguous and
results in an unclear application."

A spokeswoman with the Department of Revenue's Medical Marijuana
Enforcement Division did not return messages for comment.

A spokeswoman for the El Paso County district attorney's office
confirmed that Kopta and Hillery are facing marijuana-cultivation
charges but said she couldn't provide additional information about the
cases.

McAllister said that, after Kopta and Hillery were charged this year,
he asked the Department of Revenue to clarify the rules.

In its response, the director of the Medical Marijuana Enforcement
Division said McAllister's question "lacks specificity." Director
Laura Harris then provided an answer that relates to patients who are
switching their "primary center" designation from one dispensary to
another.

In the lawsuit, filed last week in Denver District Court, McAllister
asks a judge to issue an order compelling the Department of Revenue to
clarify the rule.
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MAP posted-by: Matt