Medical marijuana lawsuit filed, claims regulations violate state constitution

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Kathleen Chippi.
In May, cannabis advocate Kathleen Chippi asked for donations to help her file a lawsuit to challenge Colorado medical marijuana regulations, which went into effect today. And while she didn't collect quite as much as she hoped, the total was enough to make the suit viable. It was filed in Denver District Court yesterday, with a hearing likely to follow by mid-month.

Chippi wanted to gather $25,000 for the cause. But the $15,000 raised was "enough so that the attorneys would continue," she says.

Andrew Reid, the lawyer in question, filed a petition with the Colorado Supreme Court on Chippi's behalf on January 5, but the court rejected it five days later -- meaning the matter needed to be refiled at the district court level. The Boulder district was considered, but in the end, the case wound up in Denver. "Andrew said we're better off starting there, because you're supposed to sue where the laws that negatively affect you were created," she notes. "The general assembly and the Department of Revenue are both in Denver, so those are the entities that have hindered or harmed our constitutional rights."

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The Patient and Caregiver Rights Litigation Project logo.
The suit asks for injunctive relief based on the theory that the state's MMJ regulations violate Amendment 20, the 2000 initiative that legalized medical marijuana in Colorado. According to Chippi, "a preliminary injunction would mean everybody who's a plaintiff in the lawsuit" -- the Patient Caregiver Rights Litigation Project, the Colorado Patients' Alliance, the Rocky Mountain Caregivers Cooperative and Greenfaith Ministry, plus Chippi and patient Damien LaGoy individually -- "would get relief from the state until this is resolved in a court of law."

Regarding the thrust of the complaint, Chippi says "we're focusing on patient privacy and access -- and part of access is caregiver rights. The constitution says in order to be a caregiver, you must be eighteen or older. But now the state has decided you can't be a felon -- and if you're a felon, you can't work in this industry. And there's no question local bans are unconstitutional. You can't ban a fundamental constitutional right.

"Everybody's losing their constitutional rights without a vote of the people," she maintains, "and we need to hold the state accountable. State employees take an oath to uphold the Colorado constitution, but no one's upholding Amendment 20 at all. They're acting and passing rules as if Amendment 20 didn't happen eleven years ago. So we need to assure that everyone's constitutional rights are acknowledged."

Typically, Chippi says, hearings for suits requesting injunctive relief are scheduled ten to fourteen days after filing. For that reason, she expects to receive a hearing date by the middle of next week. In the meantime, she hopes people learning about the suit take the time to consider the arguments behind it.

"Our goal is to educate the general public about the rights they're losing," she allows. "I'll be honest: Most of them don't even know they had these rights, and that they're losing them. So the key is education, and hopefully, we can protect patients and caregivers from what I consider an unacceptable attack from the general assembly, the Department of Health and the Department of Revenue. And the fact that the governor had to sign these bills into law is why he's acknowledged in the lawsuit as well."

Read the lawsuit below.

Patient Caregiver Rights Litigation Project Medical Marijuana Lawsuit

More from our Calhoun: Wake-Up Call archive: "Marijuana: Great Legalization Debate quickly goes to pot."

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103 comments
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Eva
Eva

I am a mmj user and recovering from a  spinal injury...I am traveling through Colorado and have NO MEDS...AND IN GREAT PAIN...and Colorado mmj places cant help wtf... I have to live here...apply...and then wait another 35 days...no thanks... if you all cant even help a person who has paid $$$ to attain a card( no matter what state I'm from) already card holding ...and noticiabley in pain....I'm finding no help here...are you all in it for the $$...I understand law...but all ur doing is making it diffuclt for any body who needs meds.... 

Scooby
Scooby

I can get you the meds you need for no cost, all you need is your Dr. recommendation for verification. I too am suffering and would be willing to help. Leave me an email where I can get back to you. Scooby 

Boulder Med Cannabis
Boulder Med Cannabis

thank the legislature. a year and some ago, you could walk in, get your prescription, and get meds 5 minutes later. Just like with blood pressure medication and narcotics. The MMCs WISH they could sell to you on day 1.

most in your position just buy underground..

BingoBob
BingoBob

This is all great and fine, but what if the initiative to legalize statewide public use passes? 

Hickenlooper must go!!!!
Hickenlooper must go!!!!

 I will repeat regulation wasn't created to be used against the American people but it was created to regulate the gov. so they wouldn't gain so much power where they believed they are above the law .

Chippi is Dippi
Chippi is Dippi

Anyone want to take bets on how fast this suit gets thrown out? I think Chippi's last lawsuit was thrown-out in three days....

This is a different type of suit, so I don't know how long it will take, But it will lose.

Feel sorry for the people that dishonest group hood-winked into supporting this suit

Rev. B Baker
Rev. B Baker

actually they choose not to here her last suit and did not throw it out they said we cant go straight to the supreme court. I will bet you your next harvest or equivalent donation to the church we win!

Chippi is Dippi
Chippi is Dippi

Sure- I'll bet you your next harvest that this lawsuit gets tossed out. And no, it losing does NOT mean you can appeal it to the Supreme Court. Even if you had grounds for an appeal were are you going to get the $$? Didn't Chippi contribute an alleged $30,000 of her own $$ to this suit? Wasn't she not able to get more than 1, out of 750 MMC to contribute? Let's not even touch the fact that the suit It reads like it was written by a 5 year old, has blatant lies in it, and grasps at legal straws.

Really? This is already dead, and already over. I feel sorry for the people who are getting hoodwinked by this group of people. This suit never had a chance BECAUSE of the people that back it.

Scooby
Scooby

The lawsuit was written so the invalids who claim an education could understand it, do any of the laws and judgements they make- make any sense, just talking to them in thier own language, leave it blank and they would totally get the message somehow. Scooby  

Rev. B Baker
Rev. B Baker

PLEASE JOIN SUIT!WE ARE ACCEPTING ANY AND ALL MMJ PATIENTS CLAIMS AND DAMAGES, because greenfaith Ministry, N.A.C. serves the whole state and all mmj patients with our outreach and services!

Tippy Toes Timmy
Tippy Toes Timmy

I read/ was interested in this until I read that was Tim Tipton involved.

Google "Tim Tipton mmj scam"

High Country Caregiver
High Country Caregiver

wow, there is a lot of scam talk with this pot clown

add Sean Mcallister to the list as he continues to make marijuana laws worse in the state like he did in Breckenridge. Mcallister is one serious talker who won't walk the walk for patients.

Rev. B Baker
Rev. B Baker

peace praise and blessings, im very ticked off they are censoring my comments, when Ini and my organization are one of the plaintiffs, seriously westword WTF?!

Jahlove
Jahlove

there won't be a suit or a bill in which we all like all of the players.

Tim White
Tim White

cia_tradecraft : Message: DOREEN BISHOP; COLORADO's ILLUMINATI POT ...You +1'd this publicly. Undogroups.yahoo.com/group/cia_tra... - Cached26 Mar 2011 – Doreen Bishop is much more than just "a pot princess"...Doreen Bishop has the CRIMINAL NWO THUG GEORGE SOROS as her MKULTRA/Monarch Medical ...

High Country Caregiver
High Country Caregiver

Medical marijuana is total BS I lied to get my card now I can buy dispensary weed when my dealer runs out or is to lazy to hook up my next fix.

This lawsuit doesn't stand a chance. Total waste! Will never freaking accomplish anything at all! Garbage! I can't believe a real lawyer would actually put his name on this.

Scooby
Scooby

The Gov is trying to control liars like high country. So you lied and your dr. lied and your medical records lied and you were approved, excellant work. I want someone like you for my caregiver, liar, cheat, thief. My health would be so much better if I could get shorted meds, overtaxed by system cheaters, and lied to about which strain it may be. Please I want to sign up with High Country Car-giving can someone get me the form. Scooby 

High Country Caregiver
High Country Caregiver

here are the strains, show me the lies!

http://marijuanaphotos.co a virtual index of dankness sin PM and all named properly and started from seed ..... boooo yyaaaa

Hahaha
Hahaha

All i see is shitty genetics and lots of PM. You suck at life.

High Country Caregiver
High Country Caregiver

Dreams are reality my friend.  I am a caregiver keeping the spirit alive.  You just never seen or tasted anything like that so calling me a liar is your denial.  Dispensary boy!

Check out http://highcountrycaregiver.co... same photos, no lies. Thanks for asking me to defend my work. It's simply the truth. What more do I have to do to prove it. My photography and web work too!

Scooby
Scooby

You only dream of having strains like that. Please show me photos of your grow. Liar

Hahaha
Hahaha

I can't believe how much powdery mildew you have on your plants. It must suck to be a shitty grower...

High Country Caregiver
High Country Caregiver

PM keeps the spider mites at bay, awwww natural

Boulder Med Cannabis
Boulder Med Cannabis

the sulfer evaporator knocks it down, but it does not get rid of it. The thing it's really useful for is changing the PH of all of the surfaces in the area, when doing the big cleanup... then bring in all new plant stock and use the eagle20 as a prophylactic.

you should read this, touches on PM and respiratory health. Don't you have a cough allot? 

http://www.ehow.com/facts_5002...

KaDargo
KaDargo

Thank you very much!  Green Cure seems to work, but not as well as I am told.  :)

High Country Caregiver
High Country Caregiver

It's also not as much of an issue in summer with better ventilation.  The cool winter months are much more likely time for mildew.  I think the sulphur evaporator rules too!

Boulder Med Cannabis
Boulder Med Cannabis

if you are really having trouble with that shit, try some eagle20. spray once at the beginning of veg, once 5 days after switch to 12/12, and you'll never see it again.  It's a non-mobile, so if you don't spray after 5 days ito 12/12 it won't be on your product. If you got (full blown) PM via a clone or something, spray your moms as PM is systemic.  After a few rounds and the level is much lower in your room, you can spray just once when changing cycles. 

PM WILL give you respiratory issues, help you get cough/cold easier if it is smoked. E20 is the only real cure - besides tearing the room down, killing everything, running a sulfur burner then restarting from seed....

I know you are p'rolly kidding about the PM, but maybe this will help someone with that crud.

Colorado Mmj Patient
Colorado Mmj Patient

Nice to see this filed.  Please let us know when the public can come to court and other progress in the case.

Rev. B Baker
Rev. B Baker

please any believers and patrons or patients of greenfaith please forward me your personal damages and complaints to be incorporated with our organizations complaint!

KaDargo
KaDargo

Yes!  Please do!  I'd like to be there too!

Kara Elizabeth
Kara Elizabeth

maybe i far misunderstood what i read, if so i will accept that responsibility..but it looks purty black n white to me!

Kara Elizabeth
Kara Elizabeth

I TOTALLY DISAGREE WITH THIS I am a medical patient in the state of hawaii and i have lived in Colorado. IF YOU ARE A FELON, YOU FUCKED YOURSELF OUT OF RIGHTS..NO ONE TOOK THEM FROM YOU..YOU DID IT TO YOURSELF. I WILL ALWAYS SUPPORT KEEPING CONVICTED FELONS OUT OF THE MEDICAL MARIJUANA INDUSTRY. convicted felons cant vote, so wheres your law suit against the government for taking that right away from a convicted felon?? seems like a woman trying to get publicity...and not fighting for whats important to patients and caregivers.

Non Violent Felon
Non Violent Felon

I hope One day you will be a Felon, and be Restricted to your MMJ Rights.... Than you will be with the many normal people of society looking in at the "cool" Kids from outside the box, And dont forget.... Federally 1 plant in Haw will put your ass in Federal Jail 10 yrs min..... =)  Please dont reply... your Ignorance to your surroundings is remarkable.. some States after 7 years a Rapist can get his Felony Exsponged. And then be a Normal Joe....He can work Next to you at Work, he is just a normal dude again.. since he Didnt Rape another gurl within 7 yrs... I like how Seven is the Magic Number......  Have fun at the bars knowing that sweetie.......People like you Make me Sick. 

Mike
Mike

Learn what you are talking about before speaking. In Colorado felons CAN vote and it is actually in our state constitution that ALL civil rights are to be restored once a sentence is completed. Before the Brady Bill felons in Colorado used to be able to have firearms and an amendment was created in our constitution barring felons from firearms. No amendment has been created barring felons from working in the MMJ industry which makes that part of it unconstitutional.

Jake420
Jake420

Where in our constitution does it say Felons have all their civil rights?

Kara Elizabeth
Kara Elizabeth

see my comment below..my apologies for "not learning before speaking" i believe an amendment SHOULD be created barring the MAJORITY of felons but like i said below, the government does not discern the two.  sorry, thats why its called an opinion.

High Country Caregiver
High Country Caregiver

I think women should not be allowed to vote and should be forced to grow weed for men so we can get high and have fun.

Kara Elizabeth
Kara Elizabeth

no worries :) its difficult to go back and forth on such a sensitive subject that affects soooo many peoples lives..i mean, one would not want a convicted felon running the local CVS pharmacy now would they??? i respect your thoughts and thank you for setting me true :) Aloha and Mahalo

Mike
Mike

No problem, sorry for jumping on you.

KaDargo
KaDargo

What about felons who are felons because they were caught growing cannabis?  Seems to me that those experienced growers is what this industry needs - not those with a clean record growing with Miracle Grow and using pesticides simply because they don't know what they are doing...

Kara Elizabeth
Kara Elizabeth

i fully see your point and i agree, however i was speaking more in the aspect of felons that were convicted of felony crimes other than the non violent co op growers that supply the dispensaries...unfortunately the government does not discern the two..until more movement towards ending prohibition on the federal level comes to a head, it is what it is. i personally DO NOT want a felon convicted of crack possession with the intent to distribute, a bathtub nazi meth cook or a felon convicted of burglary or larceny or ANY other violent or NON marijuana related felony crime anywhere near my medication.

Guest
Guest

actually manson isn't a resident of the fine state of colorado. therefore, he couldn't own a dispensary. not to mention... wasn't manson convicted of murder? therefore he is a felon. so.... what was your point?

Mike
Mike

Well the way it stands now Charlie Manson could own a dispensary here but someone convicted of selling a joint 30 years ago cannot, that is one reason this lawsuit is necessary.

Jake420
Jake420

This lawsuit could shut down the entire medical marijuana industry in Colorado because it attacks 1284. 1284 licenses Medical Marijuana Centers. If 1284 goes, so does the Centers it licenses. Amendment 20 doesn't protect Centers, it only protects caregivers. Does any one know if the constitution defines caregivers as people or businesses?

Hickenlooper must go!!!!
Hickenlooper must go!!!!

 Jake420 your wrong about 1284 because Dispensaries doomed there own self when they revoked there rights under A-20 they were protected under the word (dispense )Read it you will find it in A-20

Rev. B Baker
Rev. B Baker

no it does nothing to the businesses, but removes the banns in every area they were thrown out of and removes the bull shit state license, all you have to get then, just like in the beggining is a city license and follow all legal zoning laws. it will also open up business for the private individual caregiver. I am a plaintiff in this suit could you please forward any questions you have to me as far as pertaining to the suit and not spread misinterpretation and unsolicited/illegal legal advice about a lawsuit on a public forum?

Jake420
Jake420

You filed a lawsuit that might affect us all, should we not be allowed to talk about? What happened to the first amendment?

Hickenlooper must go!!!!
Hickenlooper must go!!!!

Lmao no one said to stop using the first amendment all we have said is use it wiser not foolishly so pretty much do your homework 

Scooby
Scooby

1st amend taken from me from the Colorado State Health Board, June 15th 2011.

Scooby
Scooby

Hey Fair is fair at least 80% would be good with me. That is the number Romer and Massey used to shut down the dispensary system we used to have that worked well for 9 years. I think the state made business of selling marijuana should be disseminated. They have also tried to explain to us what the people of Co. voted for and re-interpret what a caregiver is, to change the constitution there is a much different process than what they have attempted to do, Thus the lawsuit. Scooby  

ReRe
ReRe

First of all.... It does not say in the constitution that centers are not legal. Centers began to open when caregivers had many many patients. Owners are caregivers. That's how they got started to begin with.  It is a better idea to meet your caregiver at a place of business rather than a parking lot. The lawsuit is only attacking the parts that violate your constitutional rights. At what point do we stand up for our RIGHTS and fight back. For all those who are patients and center owners who did not support Kathleen... Shame on you!!!

Jake420
Jake420

thats my point. The constitution says nothing about businesses - they could be legal or illegal under the constitution. A court could say A20 protects businesses and a court could say A20 doesn't protect businesses. 1284 clearly protects businesses. If this suits throws out 1284, then maybe or maybe not the businesses will still be able to operate under A20. Frankly, this is a risk I do not want to take! Currently, I get my medicine cheaper than ever before!

Hickenlooper must go!!!!
Hickenlooper must go!!!!

 HB-1284 clear protects ? lmao it clearly had them revoke there rights to form the mass states MMC's and in doing so it's helping law enforcement violate patients privacy rights again read the laws.

Boulder Med Cannabis
Boulder Med Cannabis

the entire industry ALREADY EXISTED before the bad law. If it's overturned, it can be regulated in a way meant to protect patients, not 'enforced' with guns and badges. It is mean spirited and outright evil. It also cost Chris Romer the election. MMJ will cost more elections, as most are only won by a few percent and cannabis supporters in Colorado are >50%.

Jake420
Jake420

You might be right. However, whenever I read the constitution, I do not read it as protecting businesses I only read it as protecting patients and caregivers. How do we know MMJ business can actually exist under the constitution? Some radical MMJ lawyers advice?

Hickenlooper must go!!!!
Hickenlooper must go!!!!

Fucking right tell them read the damn laws before speaking then they wont look like fools this is coming from a legal patient that doesn't like reading but only subjects with meaning 

Rev. B Baker
Rev. B Baker

technically they cant only collectives and non-profits, THIS IS THE WHOLE POINT OF THE SUIT, private and collected caregivers want our rights back, keep the dispensaries to and you can use them if you like higher priced mids

Jake420
Jake420

Actually my friend who was a caregiver was arrested for selling medicine to a dispensary under the old system. He took a plea deal because he did not want to take it to trial.

PR420
PR420

Also A20 protects any sales that are medical. Again why did AG Suthers issue an official statement from his office stating to get a retail sales tax license? He does not like MMJ and he even said 1284 was unconstitutional. Look it up, why did he say that?

PR420
PR420

You don't believe but it was that way for a decade? what protects MMC employees? how many CG's are not patients? honestly A20 protects any one helping patients if it is medical use. Seriously read the constitution instead of posting random shot from the hip questions. Our attorney has 33 years of constitutional law. Are you arguing a law professor of constitutional law? Answer this, why didn't any one get arrested before for ten years as long as they obeyed A20? If you think 1284 is a "better" model that is a business opinion not a legal one.

Boulder Med Cannabis
Boulder Med Cannabis

there are a myriad of laws protecting employees. Caregivers, by definition, have patients (signed up or not) and as soon as a caregiver sells a gram of medicine to a patient - he or she IS care-giving. Don't worry,when this law is overturned, the Relief Center will continue to exist as long as you provide a good value to your patients.

Jake420
Jake420

I don't disagree with you that caregivers are allowed to sell marijuana to the patients they are care giving for. I just don't believe that caregivers can operate as a business. What protects the caregivers employees?

PR420
PR420

The rights to sell and distribute are inferred, thats why the Attorney General told all caregivers to get a retail sales tax license. Why would he say that if sales were not protected given the fact he strongly dislikes MMJ? We must consider the fact it has been a decade and many businesses existed before 1284, law enforcement didn't move on the industry why? A small few hammered out 1284 so lets not pretend it is representative of all MMC owners. In fact the AP story quoted Tonya Garduno as saying she didn't donate but hopes we win.

Poor dude...
Poor dude...

Kathleen doesn't believe in regulation, ask her yourself. Guns and badges don't have a damn thing to do with this. This is one self-righteous/entitled womans crusade, nothing more or less.

Hickenlooper must go!!!!
Hickenlooper must go!!!!

Are you stupid read the Constitution regulation wasn't met for the American people it was created to keep gov. from gaining to much power for there own good now please keep your comments to yourself unless it makes sense thank you.

Boulder Med Cannabis
Boulder Med Cannabis

no special regs. I'm cool with food safety regs - from chemicals and nutrients and additives to curing and processing for edibles. Are the processes and ingredients all wholesome?   Is it effective? Those are the questions that should be being asked.

all this transactional video crap and manifests and RFIDs and card scan every time and denying patients because their doctor was disqualified over a hand tremor....WHAT ARE THEY TRYING TO ACCOMPLISH? They are trying to weed you out. They want the weak to be beat by big biz. They want the pot culture to stay underground.

Hickenlooper must go!!!!
Hickenlooper must go!!!!

 I will say it I am for no damn regulation it's regulation which fucked this industry allowing these corrupted lawmakers to violate our rights

Hickenlooper must go!!!!
Hickenlooper must go!!!!

 Poor dude your a moron if 1 person wins all the mmj community who sits on there asses and do nothing benefit even your sorry behind will it's people like you who doing nothing who help make things worse

Kathleen Chippi
Kathleen Chippi

Stop speaking on my behalf.  Find ONE quote where I say I am for no regulation, just one.  I have always been against Orwellian over regulation.  For 10 years people got retail sales tax licenses and paid taxes to the state--the same regulation of ALL other business. 

There was NEVER any FACTS to create the basis of putting video on patients that go to the DEA per request, or for RFID chipping the safest therapeutic substance known to man.   

PR420
PR420

Amendment 20 and retail sales tax laws are regulation, in fact more than is applied to most other products. Kathleen isn't the only plaintiff. 

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