Hearing for motion to void Board of Health's medical-marijuana decision set for tomorrow, November 10

On November 5, medical-marijuana advocates filed a motion to void a state Board of Health ruling striking its previous definition of caregiver. During a subsequent conversation with Westword, Sensible Colorado's Brian Vicente said he hoped arguments would be heard early this week -- and the timing seems to be working out. "It's set for tomorrow, Tuesday, at 8:30 a.m. in Courtroom Six in Denver District Court before Judge Larry Naves," Vicente says.

In the past, backers of medical marijuana have used hearings like this one to demonstrate popular support -- but Vicente says that's not a priority this time around.

"We're not going to attempt to pack the court or anything like that," he notes. However, "We'll certainly have a number of supporters there in addition to the plaintiffs" -- David "Damien" LaGoy and Daniel J. Pope -- "and we would encourage interested members of the public to come. It is an open proceeding."

Vicente expects fast action on the matter. "My assumption is that Judge Naves would make a decision after the end of oral arguments tomorrow, probably within two hours of court time," he maintains. "Of course, he could also take it under advisement and get back to us in a week or so. But my impression is that the judge is a man of action. My guess is that he'll probably hear the arguments and act accordingly."

Naves' ruling will determine what happens next in this rapidly developing story.


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