Colorado Medical Marijuana Law
Federal Law
Department of Justice Memos
June 29, 2011: Cole
Memo: Reinterates that commercial marijuana cultivation operations
will be prosecuted by the feds "regardless of state law."
April 26, 2011: Walsh
Memo: Letter from Colorado Attorney General John Suthers to
Colo. General Assembly with a memo from Colorado US Attorney John
Walsh
Feb. 1, 2011: Haag
Memo (DOJ to Oakland City Attorney regarding large scale grow
operations.)
October 19,2009: MEMORANDUM
FOR SELECTED UNITED STATES ATTORNEYS
FROM: David W. Ogden, Deputy Attorney General
SUBJECT: Investigations and Prosecutions in States Authorizing the
Medical Use of Marijuana
This memo allegedly gave the Obama's administration's "green
light" to medical marijuana producers, however a close reading
of it shows nothing of the sort. More recent memos have clarified
that the feds do not recognize state medical marijuana laws.
Federal Case Law
Gonzales
v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005),
was a case in which the United States Supreme Court ruled on June
6, 2005 that under the Commerce Clause of the United States Constitution,
which allows the United States Congress "To regulate Commerce...
among the several States," Congress may ban home-grown cannabis
even where states approve its use for medicinal purposes.
Colorado Litigation
Patient and Caregiver
Rights Litigation Project (Cannabislawsuits.com): Lawsuits to
overturn large parts of Colorado's Medical Marijuana Code as un-Constitutional
and restore constitutional rights to caregivers.
Colorado District Court
Cannamart v. Centennial
Cannamart
v Centennial Complaint
Ruling: Verbal, not written. Judge ruled that Centennial could
not ban medical marijuana dispensaries. Read
Denver Post article.
Colorado Appellate Cases
Colorado v. Clendenin
- Motion
to Enforce
- Appellate
Court Ruling
- Oct. 29, 2009 CTI Press Release:
Colorado v. Clendenin: The first case law on Colorado's Medical
Marijuana Law (Article XVIII, Section 14 of the Colorado Constitution).
The court ruled that a medical marijuana caregiver must know their
patients personally and must provide them with other services
in addition to the acquisition of medical marijuana.
Colorado v. Marzano Briefs
Marzano Court Filings
Aug.
9, 2010: Westword: Medical marijuana conviction against Frank Marzano
tossed due to illegal search
May 4, 2011: Click
here for PHOTOS and VIDEO of Frank Marzano getting his confiscated
property returned to him.

Medical Marijuana Jury Verdicts
A jury determined a patient could possess any amount of cannabis.
See the case of Jason
Lauve
|