District Court Denver County, Colorado Court Address: 1437 Bannock Street, Room 256 Denver, CO 80202 Plaintiff

: Michael Corey Donahue v. Defendant: BETH MCCANN in her official capacity as a Colorado Legislator, TOM MASSEY in his official capacity as a Colorado Legislator, CHRIS URBINA in his official capacity as the Executive Director and Chief Medical Officer or the Colorado Department of Public Health and Environment, BARBARA BROHL in her official capacity as Executive Director of the Colorado Department of Revenue. JOHN HICKENLOOPER as Governor of the State of Colorado Party Without Attorney Corey Donahue 1536 MacArthur Dr Boulder, CO 80303 Division Phone Number: 720-340-9730 E-mail: minatour48@hotmail.com: Courtroom COURT USE ONLY

Case Number:

COMPLAINT FOR JUDICIAL REVIEW PURSUANT TO §24-4-106, C.R.S. AND REQUEST FOR STAY AND DESIGNATION OF RECORD
I, Corey Donahue request this Court to commence an action for judicial review issued by the Colorado Legislature HOUSE BILL 12-1358 on 04/30/2012 pursuant to §24-4-106, C.R.S. and - ARTICLE XVIII - Miscellaneous Art. XVIII – Miscellaneous Section 14 3(i) and other equitable relief, and in connection therewith states as follows I presently reside in Denver, Colorado and this Complaint has been timely filed.

PARTIES, JURISDICTION AND VENUE
1. Plaintiff COREY DONAHUE is a resident of Boulder County, Colorado. 2. Defendant BETH MCCANN and TOM MASSEY are members of Colorado’s Legislature, CHRIS URBINA is the Executive Director of the Colorado Department of Public Health and Environment, BARBARA BROHL as Executive Director of the Colorado Department of Revenue, JOHN HICKENLOOPER as Governor of the State of Colorado, acting on its behalf in the matter sought to be reviewed. See § 24-4106(4), C.R.S. MCCAN and MASSEY are sued in their official capacity only. 3.. Defendant COLORADO DEPARTMENT OF REVENUE, COLORADO DEPARTMENT OF PUBLIC `HEALTH AND ENVIRONMENT, the GOVERNOR OF COLORADO and the COLORADO LEGISLATURE are the state agencies. 4. This Court has jurisdiction over the subject matter of this action pursuant to § 24-4-106(4)(7),C.R.S. 6. Venue in this court is proper pursuant to C.R.C.P. 98(b)(2) 7. This Complaint is timely filed within 30 days of the date of introduction in the Legislature.

JDF 610 R11/10

COMPLAINT FOR JUDICIAL REVIEW PURSUANT §24-4-106, C.R.S. AND. REQUEST FOR STAY AND DESIGNATION OF RECORD

Page 1 of 3

. The following facts show how I have been adversely affected or aggrieved: As a person suffering a debilitating medical condition I use medical marijuana. I am provided relief from my debilitating medical condition through ARTICLE XVIII - Miscellaneous Art. XVIII – Miscellaneous Section 14. However Representative McCann and Massey, the Colorado State General Assembly, The CDPHE, and DOR are threatening the integrity of ARTICLE XVIII - Miscellaneous Art. XVIII – Miscellaneous Section 14, with HOUSE BILL 12-1358. ARTICLE XVIII - Miscellaneous Art. XVIII – Miscellaneous Section 14 states in the title, “authorizing fees to cover administrative costs associated with the registry,” and further goes on to say at 3 (i) “The state health agency may determine and levy reasonable fees to pay for any direct or indirect administrative costs associated with its role in this program.” The text of HOUSE BILL 12-1358 “The bill transfers $7.7 million from the medical marijuana program cash fund to the department of revenue for use in the medical marijuana licensing program for fiscal years 2011-12 through 2014-15. Of the $7.7 million, $2 million will be held in a reserve account that cannot be accessed until the first $5.7 million is spent. If any portion of the $2 million is needed for medical marijuana enforcement or licensure, the director of the state licensing authority shall send notice to the state comptroller before spending any of the money in the reserve account. The bill transfers $2 million from the medical marijuana program cash fund to the department of public health and environment, division of prevention services, exclusively for prevention programs in the Tony Grampsas youth services program.” HOUSE BILL 12-1358 violates XVIII - Miscellaneous Article XVIII – Miscellaneous Section 14 at 3(i) The state health agency may determine and levy reasonable fees to pay for any direct or indirect administrative costs associated with its role in this program. Transfer of funds for purposes other then direct or indirect administrative cost from the medical marijuana program cash fund is not permitted by or allowed by Miscellaneous Artical XVIII – Miscellaneous Section 14. As any violation of the constitution adversely affects the populace, this proposed bill adversely affects me as a medical marijuana patient and citizen of Colorado by diverting funds intended to cover the administrative costs of the Registry. A. The reasons entitling me to relief are as follows: The Constitution of the State of Colorado is the law of the land. It clearly states that the cash fund is used to cover the administrative costs of maintaining the registry. Any diversion of funds other than for their constitutional mandated purpose is a violation of my constitutional rights and entitles me to relief. B. The relief that I request is as follows:

JDF 610 R11/10

COMPLAINT FOR JUDICIAL REVIEW PURSUANT §24-4-106, C.R.S. AND. REQUEST FOR STAY AND DESIGNATION OF RECORD

Page 2 of 3

I request the court to place a hold on or injunction against Hb 12-1358 to prevent the enactment of the provisions in Hb 12-1358. I request the court to also set an injunction against the Governor preventing him from signing this bill in to law. I request an immediate stay of the agency action on the grounds that said action has caused irreparable injury as follows: 1. The assault on the integrity of the constitution has caused me irreparable injury as the government of the state of Colorado has created an extra judicial system which clearly violates my constitutional and human rights, Hb 12-1358 is a continuation of the assault on XVIII - Miscellaneous Art. XVIII – Miscellaneous Section 14, Hb- 12-1258 uses money given to the registry in for purposes other than the ones constitutionally mandated. The money is constitutionally mandated to cover the costs of maintaining the registry as the Colorado Department of Public Health and Environment is currently 4 months behind with issuing licensees and diversion of funds will not only cause irreparable injury to me but to every Coloradan who applies to the registry.

I designate the following documents as relevant parts of such record, pursuant to §24-4-106(6), C.R.S. 1. The original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the agency. I, hereby request that this Court find that the hearing officer’s decision be reversed or an injunction ordered to stop enactment of Hb 12-1358.

Michael Corey Donahue 1536 Macarthur Dr Boulder, CO 80303 720-340-9730

JDF 610 R11/10

COMPLAINT FOR JUDICIAL REVIEW PURSUANT §24-4-106, C.R.S. AND. REQUEST FOR STAY AND DESIGNATION OF RECORD

Page 3 of 3