The Colorado Legislature can’t impose restrictions to a medical marijuana affirmative protection that’s expressly allowed below the state’s Constitution, the Colorado Court of Appeals dominated Thursday.
In a case involving Palisade peach grower David Cox, a three-judge panel unanimously agreed that Cox’s use of that protection in opposition to a number of felony marijuana expenses is protected below Amendment 20, the constitutional provision authorised by voters in 2000 that legalized medical marijuana.
In 2019, Cox was acquitted on seven felony marijuana distribution and cultivation expenses after legislation enforcement raided his Palisade dwelling and warehouse in 2017.
During trial, Cox invoked that affirmative protection, saying he was desiring to develop into a medical marijuana caregiver and industrial hemp entrepreneur.
On attraction, prosecutors argued that the decide within the case, Judge Brian Flynn, erred by not contemplating three further components to that protection that have been enacted by the Colorado Legislature when it codified Amendment 20, however don’t seem within the Constitution.
“As a matter of first impression, we hold that the elements of the medical marijuana defense are prescribed by article XVIII … of the Colorado Constitution and cannot be supplemented by additional elements purportedly added in later-enacted Colorado statutes,” Judge Michael Berger wrote within the ruling, which was joined by Judges John Daniel Dailey and Ted Tow.
Mesa County District Attorney Dan Rubinstein, whose workplace filed the attraction, stated he was making an attempt to get clarification on that protection.
“While the court did not give us the answer we were hoping for, it is important that law enforcement understand the scope of the affirmative defense articulated in the constitutional amendment relating to marijuana to assist in their ability to enforce the rules and regulations regarding grow operations,” Rubinstein stated.
Cox, a failed GOP candidate for the Legislature and Congress, argued at trial that the case was politically motivated by Rubinstein’s workplace. Cox’s peach containers make a number of references to the Sept. 11, 2001, terrorist assaults, some claiming it was an inside job.
Cox was discovered not responsible on seven marijuana expenses, however he was discovered responsible on two misdemeanor little one abuse expenses. Those expenses centered on weapons discovered at his dwelling that created an unsafe surroundings.
Cox’s dwelling and enterprise have been raided by the Western Colorado Drug Task Force, which seized dozens of cannabis crops and loaded weapons. Flynn initially declared that raid invalid, however Rubinstein’s workplace appealed to the excessive courtroom, which overturned Flynn in 2018 and remanded the case to trial.