HB21-1317 Lawsuit

July 7, 2021


Denver, CO: On July 1, 2021, Buscher Law LLC filed a lawsuit in the Denver District Court challenging the constitutionality of HB21-1317, Concerning the Regulation of Marijuana for Safe Consumption, a Colorado law that requires federal Schedule I Controlled Substance purchase tracking of medical patients, but not retail consumers; limits the quantity of medical marijuana products available to patients; implements additional, expensive, and burdensome requirements for patients between the ages of 18 to 20; and, among other things, will keep doctors from recommending medical marijuana in Colorado due to the prescriptive nature of the newly required “certifications.”


Our lawsuit alleges that HB21-1317 imposes these requirements in direct violation of several sections of the Colorado Constitution. Despite passionate attempts by patients and physicians to educate legislators of its unconstitutionality, HB21-1317 passed and was signed into law.


Wann v. Polis was filed on behalf of Benjamin Wann (“Ben”), an incredible nineteen-year-old young man who has an extremely rare and intractable form of epilepsy. It was not until Ben started using cannabis-derived medicines that his severe epilepsy was controlled. Earlier this session, Ben was integral to the passage and enactment of SB21-56, Expand Cannabis-Based Medicine at Schools, a law which will be directly and negatively affected by the implementation of HB21-1317.


HB21-1317 has the potential to remove Ben’s access to his regimen entirely, with potentially life-threatening consequences for Ben, and patients statewide. We are suing to ensure this does not occur.

Press/Media Contacts:

Brad & Amber Wann, Parents of Ben Wann, 303-906-2269


Alex Buscher, Buscher Law LLC, alex@buscherlaw.com

Wann v. Polis Complaint: