A lawsuit filed against Governor Jared Polis and three state agencies over a new medical marijuana law has been dismissed by Denver District Court, but an appeal is expected.
Twenty-year-old medical marijuana patient Benjamin Wann had sued Polis, the Colorado Marijuana Enforcement Division and the departments of Revenue and Public Health and Environment nearly a year ago over House Bill 21-1317. That bill, passed last year by the Colorado Legislature and signed into law by Polis, took effect on January 1; it created several new restrictions for registered medical marijuana patients, doctors and concentrated THC products.
Two licensed doctors in Colorado eventually joined Wann’s lawsuit, which claimed that HB 1317 violated the state constitution as well as doctor and patient rights. But on May 16, Denver District Court Judge Alex Myers granted the state’s request to dismiss the case.
The lawsuit argued that the new law conflicts with the constitutional amendment that Colorado voters approved in 2000 legalizing medical marijuana, by forcing doctors to include dosages and consumption methods on medical marijuana recommendations. According to Alex Buscher, Wann’s attorney, forcing doctors to include that specific information turns the recommendation into a prescription, and that conflicts with federal law and Drug Enforcement Administration rules.