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Medical Marijuana Law Has Apparent Loopholes

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Medical Marijuana Law Has Apparent Loopholes

Contact reporter Rick Sallinger at rsallinger@cbs.com

by Rick Sallinger
DENVER (CBS4) ― A recent CBS4 Investigation into Colorado's medical marijuana law gained national attention in the New York Times as the newspaper examined how the Colorado rules provide no protocols for how a patient should get the pot. There are other problems with the law that appear to allow for abuse.

Voters approved the use of medical marijuana 7 years ago as an amendment.

"We felt that marijuana was a gateway drug," said one doctor who fought against the amendment. (He asked not to be identified because of threats.) "We also felt that Amendment 20 was a gateway amendment, to opening up the availability of marijuana on an illegal basis."

The amendment authorized marijuana for use under a list of serious medical problems, including the vague one of "severe pain."

The doctor warned there would be abuse.

"It's the person describing the pain and their physician hearing it is the person who describes what chronic pain is," said the doctor. "So it is a loophole and unfortunately it's a Constitutional amendment."

The Colorado state health department maintains the medical marijuana registry.

"We contact the physician and verify that the person is indeed their patient and the physician did in fact diagnose them with the condition," said Ron Hyman of the health department.

The law doesn't require an investigation of the patient who signed up for the marijuana or the caregiver who can also possess marijuana.

It would take another Constitutional amendment, approved by the voters, to change or do away with the medical marijuana law.

Colorado is one of only 11 states that make medical marijuana legal.

(© MMVII CBS Television Stations, Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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