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Durango's pot clinics lose legal cover

'Caregiver' status revoked by Colorado's Board of Health


Herald Staff Writer
Article Last Updated; Tuesday, November 03, 2009  2:07PM
DENVER - Medical marijuana clinics in Durango, and statewide, lost their legal cover Tuesday when the state Board of Health changed its rules in response to last week's Court of Appeals opinion.

In a hastily arranged meeting, the board voted 9-0 to repeal a rule it passed in July that treated marijuana dispensaries as "caregivers" under Colorado's medical marijuana law.

It is still legal to possess or prescribe marijuana for patients and doctors who have legal permission, but Tuesday's action leaves marijuana suppliers under a cloud of uncertainty and possibly facing legal prosecution.

Medical marijuana proponents decried the meeting, which was announced late Monday. Dozens of people were left out of the room and excluded from the call-in line, and the board refused to take public testimony.

Police nearly ejected lawyer Rob Corry, who handled the Court of Appeals case for a medical marijuana grower that led to Tuesday's switch. Corry tried to speak but was ruled out of order. He sat down when two police officers approached him.

"What we saw here today is not democracy. It was government by illegality," Corry said. "We weren't even allowed to speak."

mailto:jhanel@durangoherald.com

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