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MMR Transfer Notice Letter

MMR Transfer Notice Letter

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Published by Nick

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Categories:Types, Legal forms
Published by: Nick on May 08, 2012
Copyright:Attribution Non-commercial


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May 7, 2012John W. SuthersColorado Attorney General1525 Sherman StreetDenver, Colorado 80203Facsimile 303-866-5691Attorney.General@state.co.us 
Dear Mr. Suthers:Please construe this letter as notice of lawsuit pursuant to C.R.S. § 24-10-109. Welook forward to receiving your response within 90 days as provided by C.R.S. § 24-10-109(6) as to whether you accept or deny this claim in whole or in part.This claim provides notice of the imminent filing of a proposed Class Actionlawsuit on behalf of Medical Marijuana patients who paid funds into the ColoradoDepartment of Public Health and Env
ironment’s Medical Marijuana Registry
since itsinception in 2001. The proposed Class Action will seek refunds to all patients whooverpaid amounts into the Medical Marijuana Registry, which collected more funds thanwas necessary to administer the Registry.As provided by the Colorado Constitution, Article XVIII § 14, the funds kept inthis registry are not general funds, and cannot lawfully be used for any purpose other thanto administer the Registry on behalf of patients. House Bill 12-1358 would illegally andunconstitutionally transfer $9,700,000 of these funds to government functions not directly
associated with the Medical Marijuana Registry. Further, H.B. 12-1358 would alsocreate and fund a law enforcement database of Medical Marijuana patient information inviolation of constitutional and statutory guarantees of confidentiality of this sensitivedata. See Colorado Constitution, Article XVIII § 14; C.R.S. § 18-18-406.3.
Name and Address of Claimant:
Proposed Class of Medical Marijuana Patientsc/o Robert J. Corry, Jr.Travis B. SimpsonAttorneys at Law600 Seventeenth StreetSuite 2800 South TowerDenver, CO 80202
Name and Address of Claimant’s
Robert J. Corry, Jr., Esq.Travis B. Simpson, Esq.600 Seventeenth StreetSuite 2800 South TowerDenver, Colorado 80202
Factual Basis of Claim:
In November 2000, Colorado electors passed Amendment 20, which enshrined
Article XVIII § 14, “Medical Use of Marijuana for Persons Suffering from D
Medical Conditions,” into the Supreme Law of the State of Colorado.
 This constitutional provision created comprehensive constitutional protection andgovernment administration of the Medical Use of Marijuana. This comprehensive set of rights governs medical use of marijuana, and a
mong the Supreme Law of Colorado’s
protections are the following:1.) Definitions of selected terms (§14(1)(a-j));2.) Affirmative defense for patients and primary care-givers (§14(2)(a));3.) Exception from the
state’s criminal laws for patients and primary care
-givers (§14(2)(b));
4.) Exception for physicians against criminal laws or denial of any rights orprivileges (§14(2)(c));5.)
Protection for “acquisition, possession, manufacture, production, use, sal
distribution, dispensing, or transportation” of marijuana for medical use
only (§14(2)(d));6.)
Protection that “any” property interest in connection with medicalmarijuana not be “harmed, neglected, injured, or destroyed” while in
possession of law enforcement until a criminal conviction is achieved, and
requirement that such property “shall be returned immediately” upon a
decision not to prosecute, dismissal, or acquittal (§14(2)(e));7.) Creation of confidential state registry of patients, and protections forconfidentiality of patients, care-givers, and physicians (§14(3)(a));8.) Requirements for placement on confidential registry (§14(3)(b));9.) Issuance of registry identification cards, and general provisions governingtiming, denial, changes, fees regarding cards (§14(3)(c-i));10.) Guidelines regarding amounts of marijuana permitted, and legally allowingpatient or caregiver to
 possess greater amounts if “medically necessary” toaddress the patient’s debilitating medical condition (§14(4)(a
-b));11.) Prohibitions of patient use of marijuana in a way that endangers the healthor well-being of any person, or in public view or in a place open to thegeneral public, and one-year revocation of card for those in violation(§14(5)(a-b));12.) Provisions for patients under eighteen years of age to use medicalmarijuana (§14(6)(a-i));13.) Implementing actions required of the executive and legislative branches(§14(7)-(9), (11)); and14.) Provision that section does not make insurance provider liable for claimsfor reimbursement for medical marijuana, and that employer not required toaccommodate use in workplace (§14(10)(a-b)).
In creating this constitutional right, Colorado’s voters intended to legaliz
emarijuana for medical use, protect patient access to this medicine, and ensure that theMedical Marijuana Registry were self-funding, collecting no more or no less than isnecessary to administer the program.

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