Update: Judge rules for medical marijuana advocates. He even awards them attorneys' fees. From Westword,the Judge said:

[T]he Board of Appeals violated an court order two years ago that agencies considering marijuana rule changes would first notify people impacted by the rule changes.

"By the evidence presented here today, I find that the defendants have violated the court order when in November there was a meeting without notice that complied with the law and the parties changed the rules," says Naves. "I find that there was no emergency. The justification for an emergency was a Court of appeals decision that was not even final. And the Court of Appeals could not use the [Board of Appeals rule in question]...

[More...]

Grand Junction, in Mesa County, Colorado, is considering this ordinance banning new medical marijuana dispensaries for 12 months. It provides penalties -- anyone who holds themselves out as a primary caregiver for the purpose of acquiring, possessing, producing or transporting medical marijuana or paraphernalia, without having a sales tax license is committing a misdemeanor. No new sales tax licenses will be granted for 12 months. Businesses with existing sales tax licenses cannot add medical marijuana to their inventory.[More...]

After a four hour hearing last night, the Boulder Planning Board unanimously decided not to recommend a ban or moratorium on medical marijuana dispensaries to the city council.

City planners recommended a four-month moratorium while new regulations or a ban are considered. That's the route many other Colorado towns have taken. But after hearing more than two hours of testimony -- none of it from neighbors or business owners concerned about the proliferation of dispensaries -- Planning Board members questioned the urgency of a moratorium.

The board instead proposed a few regulations: [More...]

Back in May, before any health care reform legislation was introduced, I wrote about Anthem/Blue Cross's employer rate hike in Colorado based on a law passed in 2007 preventing companies from charging unhealthy groups more than healthy groups. My premium (as a member of an employer healthy group)went up $240. a month.

Today, the Denver Post reports the same. What's more, Anthem is planning on raising employer rates an average of 12.5% next year. [More...]

Bump and Update: Vehicle Impound law is overwhelmingly rejected. Congratulations, Denver, reason and common sense prevailed. More here.

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Denver Votes on Vehicle Impound Law

If you live in Denver, don't forget to vote today and oppose the vehicle impound initiative mandating police seize your vehicle if you are stopped and don't have a valid driver's license.

Aimed at undocumented residents (referred to as illegal aliens in the initiative), it has a far greater reach. Here's the text on Initiative 300. [More...]

Bump and Update: The amendment to the rule defining "significant responsibility for managing the well-being of a patient" for marijuana caregivers, prompted by last week's Colorado Court of Appeals decision, passed unanimously just before noon, but not without a fight, when the Board refused to hear public comments. The old rule, 5 CCR 1006-2, passed in July and made effective in August, 2009, is here. It defines the responsibility of a caregiver as:

“Significant responsibility for managing the well-being of a patient” means assisting a patient with daily activities, including but not limited to transportation or housekeeping or meal preparation or shopping or making any necessary arrangement for access to medical care or services or provision of medical marijuana. (my emphasis)

Question: How long will it be good for? Colorado's State Administrative Procedures Act provides that resolutions passed at agency emergency hearings are generally only valid for three months. A copy of the revised rule passed today (and rule on emergency hearings) is here (pdf). A full public hearing will be held Dec. 16. When will the appeals (pdf) begin? [More...]

Summit County, Colorado is home to several Colorado ski towns, including Breckenridge, Frisco, Silverthorne and Dillon. Some of its land is not in any town, thus it has control over "unincorporated areas" of the county.

Breckenridge voters will vote Tuesday on whether to remove all criminal penalties for adult possession of up to one ounce of marijuana. A few years ago, voters passed a resolution mandating that medical marijuana enforcement be the lowest police priority.

Last week, Silverthorne joined Frisco and Breckenridge (pdf) in enacting regulations for medical marijuana dispensaries (pdf). Breckenridge has even posted the required forms online. Dillon is expected to do the same. [More...]

The Colorado Court of Appeals today issued an opinion holding that medical marijuana caregivers must do more than merely provide pot and must have significant responsibility for providing for the well-being of their patients.

The case involved a woman named Stacy Clendenin, who in 2006 was charged with cultivating marijuana in a Longmont home. Clendenin argued that the marijuana she grew in the home was then distributed to authorized patients through marijuana dispensaries.

But the appeals court ruled that simply knowing that the end user of marijuana is a patient is not enough. Instead, the court said, a care-giver authorized to grow marijuana must actually know the patients who use it....In a special concurring opinion, Judge Alan Loeb wrote that Colorado's constitutional amendment legalizing medical marijuana "cries out for legislative action."

Actually, the opinion (available here, pdf) said the trial court ruled the caregiver must personally know the patient, and it was deciding the issue on other grounds. [More...]

We've had Driving While Ambien'ed, Eating While Ambien'ed (more here) and now, there's Killing While Ambien'ed.

Some stats here. Lots of people take Ambien. Colin Powell once responded to a reporter, "You don't use Ambien? Everybody here uses Ambien."

Drinking and Ambien are known to cause problems. I wonder if anyone has studied whether Toking while Ambien'd also causes problems? Maybe the makers of Ambien could fund one with the $800 million (pdf, p. 85) in sales generated in 2008 from the sleeping aid. Maybe it's the alcohol and not the Ambien that's the problem.

The Sheriff of Larimer County, CO has released the search warrant documents in the Balloon Boy case, including the Affidavit for the Warrant and the return showing what was seized, to the public. No charges have yet been filed in the case.

The documents are available here. According to the Affidavit, Mrs. Heene told authorities on Oct. 17th that the incident was a hoax that she and her husband devised two weeks earlier; they told the kids to lie; they knew 6 year old Falcon was hiding in the house; and they did it to make the family more marketable.

Mr. Heene's attorney, David Lane, responds: [More...]

I didn't realize Denver was having an election this November until I got my ballot in the mail. I almost didn't open it, but now I'm glad I did. The only item on the ballot is an initiative mandating police seize your vehicle if you are stopped and don't have a valid driver's license.

Aimed at undocmented residents (referred to as illegal aliens in the initiative), it has a far greater reach. Here's the text on Initiative 300.

What if you left your wallet at home? Unless you have have "convincing corrorborating identification," proof of insurance and a valid driver's license of record, your car will be impounded. If you have these things with you, you will get a summons and have ten days to bring your license to court. If you miss the ten days, your vehicle will be ordered impounded.

For those still following the Balloon Boy case, here's the 911 call.

There is an issue worth discussing about the case: Is it okay for law enforcement to lie to the media?

If you are still searching for a Halloween costume, Balloon Boy ones are now available.