HB21-1317 Lawsuit

May 17, 2022: Unfortunately, the case was dismissed and we will keep everyone updated on next steps. The patient registry is now at its lowest level since recreational legalization, doctors have resigned, and patient purchases will be tracked going forward.

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.