Doctors’ lawsuit: Colorado’s ‘secret’ marijuana policy violated Sunshine Law

From Courthouse News Service:  Four doctors sued the Colorado Department of Public Health and Environment for summarily suspending their licenses for prescribing “increased amounts” of medical marijuana to patients.

The Colorado Medical Board suspended each physicians’ license after they prescribed what the Board claimed was an “excess number” of medical marijuana plants.

In their July 21 complaint in Denver County Court, the doctors say Colorado “illegally adopted a secret policy” limiting the number of marijuana plants a doctor can prescribe.

“The Board relies on an illegal unpublished ‘rule’ that provided it is substandard care per se for physicians to authorize medical marijuana in excess of 75 marijuana plants to patients without cancer,” the complaint states.

They say the rule was adopted in violation of Colorado’s Open Meetings law; in violation of the state’s medical marijuana law, Article XVIII § 14 of the Colorado Constitution; in violation of the free speech clauses of the U.S. and Colorado Constitutions; and in violation of constitutional guarantees of due process.

Furthermore, “The rule identified in the suspension order had never been noticed to the public or the plaintiffs,” the doctors say.

This created a “chilling effect” on physicians who prescribe medical cannabis to patients.

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