In September, Joel Warner wrote a blog entitled "Could Clendenin Case Deal a Blow to Colorado's Pot Biz?" Colorado Attorney General John Suthers, who's been trying to put the medical-marijuana genie back in the bottle, certainly hopes so. No wonder he's high on a ruling just handed down by the Colorado Court of Appeals, which affirmed the conviction of Stacy Clendenin, a self-described medical-marijuana caregiver. Read the decision by clicking here.
The story began back in 2006, when police raided Clendenin's Longmont home.
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Inside, authorities found 44 marijuana plants, which Clendenin said she was cultivating for several patients. But a Boulder County District Court judge ruled that because she hadn't met with all of the individuals in question, she couldn't claim to have been their primary caregiver. In the end, she was found guilty of cultivating and distributing marijuana -- a conclusion she appealed. But the appeals court found that she hadn't done enough to meet the definition of primary caregiver for the patients who would have wound up purchasing her crop -- and also criticized the vagueness of Amendment 20, the state's medical-marijuana measure.
Here's Suthers' take:
"I am pleased to see the Court of Appeals' has provided legal support for our case that a caregiver, under Amendment 20, must do more than simply provide marijuana to a patient. I also was pleased to see the assertion in the special concurrence that Amendment 20 'cries out for legislative action.' I could not agree more. I hope the legislature will act and create a regulatory framework that gives substance to the Court of Appeals' findings."
If we're able to find a video clip of Suthers dancing with delight as he made this statement, we'll pass it along.