State lawmakers and the Board of Health would do well to heed the words of Chief Denver District Judge Larry Naves when considering any legislation or rule changes regarding medical marijuana in the coming months.
At a recent hearing regarding the Board of Health’s “emergency” meeting on Nov. 3, Naves delivered a poignant rebuke to both the board and the Colorado Department of Public Health for breaking the law and violating the rights of some of Colorado’s most seriously ill citizens.
In his rebuke, Judge Naves scolded the state for having absolutely no consideration of the impact of their actions on licensed medical marijuana patients and the people who provide their doctor-recommended medicine.
Municipalities have begun wrestling with how to best address the emerging number of medical marijuana dispensaries. Some are doing a better job than others. Some cities have issued outright bans on medical marijuana dispensaries, fearing the moral decay of their beloved cities if sick and dying people were allowed safe, convenient and affordable access to doctor-recommended medicine.
I am not an attorney, but I don’t see how any city can legally deny citizens their rights as guaranteed under the state Constitution. It seems like the basis of costly lawsuits.
Many cities have passed moratoriums on new dispensaries in order to take some time to think about the issue. Longmont, for example, is establishing community-based committees to discuss the issue before deciding how to handle the new, legitimate business of producing and distributing medical marijuana.
On the other hand, Northglenn’s handling of medical marijuana dispensaries demonstrates a city council that needs a good talking to. Although it did not institute an outright ban on dispensaries, it did something much worse: Its members voted to consider medical marijuana dispensaries to be similar to adult novelty shops. They feel that the best way to provide sick and dying people with the medicine they need is to require them to venture into the more surly areas of their city.
Speaking as someone who suffers from muscular dystrophy and uses medical marijuana, this is personally insulting. My health and the method of treatment that my doctor and I have decided on is not some sort of novelty item that should only be available in some seedy store located in the rough part of town.
Municipalities are in obvious need of direction from the legislature on how to handle this issue, and some of the ideas being floated around the Capitol are better than others. Sen. Al White’s idea that the state go into the business of producing and distributing medical marijuana to licensed patients was a bad idea and would have harmed licensed patients. He was right in withdrawing his bill.
The state’s track record when dealing with medical marijuana is appalling and turning over that aspect of patients’ health care would be disastrous.
However, one thing Judge Naves made perfectly clear is that the constitutional rights of patients to obtain their medicine in a safe, convenient and affordable manner should be paramount in any discussions surrounding this issue.
Dan Pope of Longmont (dan_ pope65@msn.com) is a licensed medical marijuana patient and member of Sensible Colorado. He does not represent the group in this commentary.
