Sensible Colorado Press Release: Historic Lawsuit Overturns State's Medical Marijuana Policy

For Immediate Release: November 18, 2007 Contact: Brian Vicente, Sensible Colorado, 720-280-4067 Historic Lawsuit Overturns State's Medical Marijuana Policy Denver Judge slaps state health department; rules medical marijuana patients can appoint provider of their choice. DENVER -- Sensible Colorado will hold a press conference on Monday, Nov. 19, in front of the Denver City and County Building, to announce the issuance of an order by Chief Denver District Court Judge Larry J. Naves permanently overturning the Colorado Health Department's "Five Patient Policy." Adopted by the Health Department in a closed meeting in 2004, this policy limited the number of patients to which a caregiver can provide marijuana for medical purposes. Chief Judge Naves's decision stems from a lawsuit filed in June 2007 by Sensible Colorado on behalf of state-licensed medical marijuana patient Damien LaGoy. LaGoy, who uses medical marijuana to cope with nausea related to AIDS wasting-syndrome and Hepatitis C, sued the agency after his caregiver request was denied by the Health Department in May 2007 based on the "Five Patient Policy." In a July hearing Judge Naves temporarily suspended the policy accusing the agency of acting inappropriately in establishing the policy in a closed-door meeting which was not open to public or scientific input. Naves further alluded to the harmful nature of the policy in stating, "There is no reason this plaintiff should suffer." In a decision released late last week, Naves permanently overturned the policy citing violations of both the Colorado Open Meetings Act and the Administrative Procedures Act. This decision will allow the plaintiff Damien LaGoy, and the rest of Colorado's 1700 licensed medical marijuana patients, to appoint the medical marijuana provider of their choice. "I feel safer already," said LaGoy. "Now I can get my medicine from a safe and responsible caregiver instead of taking my chances on the streets." "This policy had the real effect of harming seriously-ill Coloradans," said Brian Vicente, lead attorney and head of Sensible Colorado. "Hopefully the Health Department will now begin acting to help medical marijuana patients, not harm them." WHAT: Press conference to announce an order protecting medical marijuana patient rights **copies of Judge Naves's decision will be made available at the press conference** WHEN: Monday, November 19, 12 p.m. (noon) WHERE: In front of the Denver City and County Building, 1437 Bannock Street WHO: Damien LaGoy, plaintiff and medical marijuana patient Daniel J. Pope, medical marijuana caregiver for LaGoy Brian Vicente, attorney and Sensible Colorado executive director Sean McAllister, co-counsel and criminal defense attorney # # #