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State Supreme Court says lawyers can legally advise cannabis businesses

Categories: Marijuana

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The Colorado Supreme Court has ruled that Colorado attorneys can advise medical and recreational marijuana shops to follow state laws, even though such laws are in complete contradiction to federal laws that Colorado attorneys all vow to uphold. Back in December, the Colorado Bar Association had released a formal opinion that attorneys were not allowed to counsel dispensary owners "in structuring or implementing transactions which by themselves violate federal law." Basically, that meant attorneys couldn't help draft contracts or advise their clients how to run a legal medical or recreational dispensary.

All that changed Monday. According to the Supreme Court decision, Colorado attorneys can "counsel a client regarding the validty, scope and measure [of Colorado constitutional law] and may assist a client in conduct that the lawyer reasonably believes is permitted by these constitutional provisions and the statutes, regulations, orders and other state or local provisions implementing them." The rule change also requires that attorneys advise their clients that what they are doing remains federally illegal.

The decision makes sense considering no attorneys have faced any sanctions to date for taking on dispensary owners as clients, and state courts have allowed attorneys to represent clients in such cases for years now. Several attorneys also argued at a public hearing earlier this year that their legal expertise was needed to make sure the regulations are followed and federal drug warriors are kept at bay.

The ruling Monday basically formalized a practice already in place. But indirectly, it protects state leaders and attorneys from sanctions as well. As Colorado cannabis attorney Warren Edson pointed out last December, it's not just the attorneys who are directly assisting dispensaries who needed to be concerned: attorneys helping to write regulations and even elected officials could have run afoul of the CBA regulations.

"If you want to work down the chain, many of the Colorado state legislators who signed off on [marijuana bills] are attorneys -- so, by the committee's logic, they'd be assisting people in getting around federal law," Edson told Westword back in December. "And Bill Ritter, the governor who signed 1284 [the main MMJ regulatory measure] used to be Denver's district attorney, and I assume he still has a law license. So he helped break federal law, too."

More from our marijuana news archive: "If the Governor's Mansion is Animal House, who's the real party pooper?" ;"Cannabis Time Capsule, 1913: Pulp fiction meets hash fables"


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17 comments
DonkeyHotay
DonkeyHotay topcommenter

***  Here come the Colorado Pot Cops !! ***


The state agency overseeing Colorado's historic experiment in marijuana legalization is adding enforcement agents, data analysis and undercover operatives — steps officials say will help them better hold businesses accountable.

By the end of the fiscal year, in June, the division says it expects to employ between 50 and 55 people, up from about 30 now.


The increased manpower will allow for field offices in Colorado Springs, the Grand Junction area and northern Colorado.


The division closed three field offices and laid off staff in 2012 after a moratorium on new business applications forced it to stretch operating expenses budgeted for one year over two.


"They are really going to staff this, put boots on the ground," said Jeff Gard, a Boulder lawyer who represents marijuana businesses. "If you have been getting away with stuff because the state was underfunded, you may find yourself not only out of business but in jail."



Read more: State marijuana regulators pledge stronger enforcement - http://www.denverpost.com/marijuana/ci_25420620/state-marijuana-regulators-pledge-stronger-enforcement



A financial WINDFALL for the $300+ / hour Marijuana McShysters who helped created this morass 

DonkeyHotay
DonkeyHotay topcommenter

Quelle Surprise! ... the self-serving Marijuana McShysters have exempted themselves -- ex post facto -- from years of deliberately and willfully violating their own Code of Ethics so they can continue to personally profiteer at $300+ / hour from the direct, premeditated and continuous violation of Federal Drug laws and Criminal Money Laundering laws.


And they wonder why civilized society holds their "profession" is such low regard.


LOL!



RobertChase
RobertChase topcommenter

Immediate Attn. Patients and Caregivers:


The Department of Health holds a 'Town Hall Meeting' on proposed restrictions on doctors, caregivers, and patients in the Old Supreme Court Chambers on the second floor of the State Capitol between 1:00 and 4:00PM, Friday, March 28.  The agenda includes second-guessing doctors' recommendations (for "medical necessity"), five patients per caregiver, and six plants per patient.

The Department also wants the law  to redefine "authorized employees of the state health agency" (Constitution of Colorado, Article XVIII, Section 14) to include "independent contractors or other agencies".  It is nonsense to say that independent contractors or employees of other agencies work for the state health agency instead, and giving others illegal access to the Registry compromises patients' confidentiality -- the stated purpose of the recommendation is to "ensure the confidentiality of the Medical Marijuana Registry" (Medical Marijuana Regulatory System Performance Audit, Part 2, p.5).


Please visit the Department of Health's MMJ page at:


http://www.colorado.gov/cs/Satellite/CDPHE-CHEIS/CBON/1251593016680


Click "NEW:  Town Hall Meeting on March 28, 2014" then "Town Hall Meeting" to read the agenda for the meeting.


Please visit http://commr.blogspot.com/2014/03/registry-hosts-town-hall-meeting.html#comment-form to voice your opposition to an unconstitutional assault on medical cannabis in Colorado.  Please come testify against the proposed law on Friday.

D0NKEYH0TAY
D0NKEYH0TAY

Don't feel special, I hate everybody.  For a marijuana activist, I sure do hate a lot!

DonkeyHotay
DonkeyHotay topcommenter

@RobertChase  


And DON'T FORGET that these RESTRICTIONS and ABROGATIONS of individual patients' / cargivers' rights are being instigated, lobbied for and promoted by the Greedy Big $$ Dispensary Cartels -- MMIG, DRC, etc -- who don't want individual marijuana users to be able to cultivate and produce their own affordable, sustainable year round supply.


This was the predicted and inevitable fallout from that festering piece of shit A64, which was nothing but a COMMERCIALIZATION of CANNABIS for Greedy Big $$ Dispensary Pigs, while maintaining criminal prohibitions against individual users / growers / dealers in Colorado.


Thanks Robert "dilettante" Chase for blindly promoting that piece of crap -- to the predictable detriment of every individual marijuana grower / user / dealer in Colorado ... their blood is on YOUR hands!





RobertChase
RobertChase topcommenter

@DonkeyHotay  We will certainly be looking out for Mike Elliott and his ilk.  Try to focus -- not only is Amendment 64 passed into the Constitution (lo, a year and more ago) as Article XVIII, Section 16, the topic at hand has nothing to do with Section 16, but Section 14 (or since you insist on making anachronistic references, Amendment 20).  The problem is not so much any lobbying from these people, but the false, shared assumptions that cannabis has limited medical application and that most patients need to be forced into the retail market.

CAMsucks
CAMsucks

"who don't want individual marijuana users to be able to cultivate and produce their own affordable, sustainable year round supply."

Dispensaries sell clones and seeds for home growers. Your argument fails. Nobody is taking away your right to illegally grow more than six plants.

Remove the tin foil.

(And it would be "which" not "who" you brain-dead fucktard)

D0NKEYH0TAY
D0NKEYH0TAY

Just for the record, everybody is a pig of some sort. I hate everybody equally.


Please don't close the loophole! I will have to go get a real job.  Unfortunately, internet troll is not a very good qualification on my resume.

DonkeyHotay
DonkeyHotay topcommenter

@RobertChase ... A64's Commercialization of Cannabis is the sword with which Greedy Big $$ Dispensary Cartels, the Insatiable Dept. of Revenue and Prohibitionist Scum will destroy the rights enjoyed by Private Patients / Caregivers in Colorado.


You were forewarned, and you ignored it like the myopic political imbecile that you are.


HipTip: find out which McShyster Lobbyists represent the Greedy Self-serving MMIG pigs in this grotesque attempt to label the Rights granted in the Colorado Constitution via A20 as "a loophole" that must be closed.


Then tar and feather those bastards in public.


It wouldn't be a surprise if Vicente & Sederberg were behind this obscenity.



RobertChase
RobertChase topcommenter

@DonkeyHotay The determination to move against medical cannabis is nothing new; the prohibitionists simply perceive the opportunity to be ripe, egged on, it is true, by lobbyists for the industry.

DonkeyHotay
DonkeyHotay topcommenter

@RobertChase  "The problem is not so much any lobbying from these people"


You're still a politically clueless meddling dilettante, aren't you?


Who do you think instigated and is bankrolling this frontal assault -- first proposed in Denver Post months ago -- upon the constitutional rights of INDIVIDUAL private patients and caregivers ??


Their PR pigs have already categorized the Constitutional Rights of Patients / Caregivers / Doctors to grow independently of the Dispensary Pigs as "a loophole" that needs to be closed.






D0NKEYH0TAY
D0NKEYH0TAY

I need 1,000 plants to support my need and my friends.  When you shoot up the marijuanas like I do, it takes a lot

DonkeyHotay
DonkeyHotay topcommenter

@CAMsucks  <== doctors, patients and caregivers don't need prohibitionist cunts and greedy big $$ dispensary cartel shills like you restricting their right to grow a sustainable continuous independent supply.

CAMsucks
CAMsucks

If you can't manage a supply from six plants on a cycle, you deserve to have to buy schwag.

Just because you suck at growing doesn't mean everyone else does

DonkeyHotay
DonkeyHotay topcommenter

@CAMsucks  "Nobody is taking away your right to illegally grow more than six plants."


It ain't ILLEGAL under A20, but lowlife Greedy Dispensary Pigs are directly lobbying for the elimination / restriction on Doctor / Patient / Caregiver rights to grow sufficient quantities as "medically necessary" -- i.e. a sustainable supply independent of the overpriced, over-regulated, over-taxed retail dispensary warehouse schwag.



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