Press Release
Office of Colorado Attorney General Ken Salazar
May 31, 2001
SUPREME COURT RULING DOES NOT BAR STATE MEDICAL MARIJUANA PROGRAM; WARNING GIVEN ON
POSSIBLE CONSEQUENCES
Denver-In a joint statement with Governor Owens, Attorney General Ken
Salazar announced today that his office has completed its analysis of the impact of the
U.S. Supreme Court's ruling in United States v. Oakland Cannabis Buyers' Cooperative on
Colorado's state medical marijuana program.
The specific question analyzed was whether the State may implement the
registry program required by the Colorado constitutional amendment in light of the recent
United States Supreme Court ruling in United States v. Oakland Cannabis Buyers'
Cooperative.
The attorney general's office concluded that, a) the Supreme Court's
ruling does not invalidate Colorado's state law; and b) the ruling does not prevent the
State from moving forward to meet the requirements of Colorado's constitutional amendment
concerning the medical use of marijuana.
Salazar noted that he personally opposed passage of the medical marijuana
initiative last year for a variety of reasons, including the fact that the initiative
could not legalize marijuana use under federal law, as the U.S. Supreme Court has now
confirmed.
"All Colorado citizens must understand that possession, manufacture
and distribution of marijuana by any person or organization, even for purposes of medical
treatment, continues to constitute a violation of the federal Controlled Substances
Act," Attorney General Salazar warned. "'Medical necessity' is not a defense to
the federal prohibition notwithstanding the state's law to the contrary."
In a letter to Acting U.S. Attorney Richard Spriggs, Governor Bill Owens
and Attorney General Salazar asked the United States Attorney to enforce federal law. In a
separate letter to Dr. Richard Allen, president of the Colorado Medical Society, Governor
Owens and Attorney General Salazar warned that physicians face the risk of potential
federal prosecution if they participate in the program.
Colorado Department of Law
Attorney General Ken Salazar
1525 Sherman St. 7th floor
Denver CO 80203
Phone: (303) 866-4500
Fax: (303) 866-5691
Email: attorney.general@state.co.us
Web: http://www.ago.state.co.us/
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