Governor Polis is sued over Colorado cannabis laws

Governor Polis is facing a lawsuit over House Bill 1317, a law that adversely affected students who should benefit from the law allowing medical patients to use cannabis in public schools.

Benjamin Wann, a cannabis patient, and his parents Amber and Brad supported Polis back in May when he signed the law that expanded access to cannabis in schools. This is what they have fought for in recent years and were happy that it became a reality.

However, when a bill that restricted the medical program was tabled just days later, Governor Polis reportedly stopped communicating with family and other advocates about their wants and needs.

“Polis didn’t talk to us. We reached out and had a rally outside his office after it was over. I don’t know anyone in the community he’s interviewed, especially those of us who just passed the other bill, ”Brad told Westword.

“We have seen a roller coaster effect over the years that caused Benjamin to have seizures. People always say [marijuana] is so bad for the developing brain and this is Benjamin and we have literally seen him bloom and grow, ”added Amber.

“He doesn’t have a wheelchair,” Amber said of her son. “He has a voice. He can communicate, but many of his friends cannot. “

Under this new bill, the law will mandate that doctors recommending medicinal cannabis can only do so from within their field of activity. There will also be expanded purchase tracking and limited purchases, even for medical cannabis patients.

While the recreational cannabis industry did not necessarily see a problem, the medical community felt under attack as this law explicitly limits what they can access and how they can access.

Governor Polis is facing backlash

Alex Buscher is the Denver attorney representing plaintiff Benjamin Wann in the lawsuit. He believes that the bill has been rushed and contains unconstitutional wording. And since the Colorado Legislature cannot be sued, he is prosecuting Polis.

“He understands exactly what’s going on, and it’s not just about him. Ben is worried about his friends, ”said Brad about his son getting up.

“If doctors decide to stop recommending medical marijuana because they’re afraid of losing their DEA licenses, that’s the end of the medical program,” said Buscher. “Amendment 20 is clear: Doctors don’t have to say that a patient will benefit from marijuana. You just have to confirm the conclusion that a patient could benefit from marijuana. “

“Once it goes into interstate trade, it’s easily available from the federal government,” he said. “It prepares Ben for future criminal prosecution.”

Buscher says he has enough to invalidate the entire bill.

“We are asking the court to invalidate the entire bill because it did not go through the entire process,” said Buscher. “I think it was a mistake because of the speed with which this was enforced and the amount of changes made, but that change is not in there.”

Governor Polis’ office has so far declined to comment on the lawsuit.

“Many parents of patients with autism and epilepsy have contacted us in the past three days and want to participate,” said Buscher. “I will say that on Amendment 20 this is pretty black and white, so I think we have a very solid case. At the same time, however, very few cases are won in which the unconstitutionality of state and local laws is challenged. “

If this new law is repealed, lawmakers will be back in first place, but many patients who are discouraged by this law would rather start from scratch than face these new restrictions.