Robert Celt
New Member
The New Hampshire Attorney General's office is appealing a November court ruling that opened the door for state residents to obtain therapeutic cannabis in other states.
The ruling allowed qualified patients waiting for the state's alternative treatment centers to open this spring to receive ID cards, which can be used at dispensaries in other states to buy therapeutic cannabis. The attorney general's office is seeking clarity from the Supreme Court to determine whether patients will still be allowed to travel out of state once New Hampshire dispensaries open.
"It's a tight system and letting people go out of that to go to another state . . . we don't feel that's in line with what the statute is trying to accomplish," said Assistant Attorney General Frank Fredericks.
The state pursued a similar argument in November, after Alstead labor activist Linda Horan sued to get her registry card. Horan lost her battle to lung cancer earlier this month, but not before legally making the trip to Maine to buy therapeutic cannabis with her state-issued ID card in hand.
During that suit, the attorney general's office said state law only allowed patients to purchase cannabis from a single dispensary designated as their primary location. As a result, Horan shouldn't be allowed to obtain cannabis until New Hampshire's own alternative treatment centers opened.
A judge disagreed, siding with Horan in late November. The attorney general's office filed it's appeal to the state Supreme Court on Dec. 22.
"The legal issue is crystalized from the fact that we argued it at the Superior Court," Fredericks said. "It's really the Supreme Court hearing the arguments that we made back in November."
Horan's attorney, Paul Twomey, filed a motion to dismiss the appeal Tuesday. In an interview Wednesday, Twomey called the attorney general's most recent action "frivolous" and "absurd," in large part because Horan died without leaving a representative to continue fighting for her case.
"You can't do it after the case is over in the Superior Court and you certainly can't do it after the opponent on the other side has passed away," he said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: N.H. Appeals Medical Marijuana Ruling To State Supreme Court
Author: Ella Nilsen
Photo Credit: None found
Website: Concord Monitor
The ruling allowed qualified patients waiting for the state's alternative treatment centers to open this spring to receive ID cards, which can be used at dispensaries in other states to buy therapeutic cannabis. The attorney general's office is seeking clarity from the Supreme Court to determine whether patients will still be allowed to travel out of state once New Hampshire dispensaries open.
"It's a tight system and letting people go out of that to go to another state . . . we don't feel that's in line with what the statute is trying to accomplish," said Assistant Attorney General Frank Fredericks.
The state pursued a similar argument in November, after Alstead labor activist Linda Horan sued to get her registry card. Horan lost her battle to lung cancer earlier this month, but not before legally making the trip to Maine to buy therapeutic cannabis with her state-issued ID card in hand.
During that suit, the attorney general's office said state law only allowed patients to purchase cannabis from a single dispensary designated as their primary location. As a result, Horan shouldn't be allowed to obtain cannabis until New Hampshire's own alternative treatment centers opened.
A judge disagreed, siding with Horan in late November. The attorney general's office filed it's appeal to the state Supreme Court on Dec. 22.
"The legal issue is crystalized from the fact that we argued it at the Superior Court," Fredericks said. "It's really the Supreme Court hearing the arguments that we made back in November."
Horan's attorney, Paul Twomey, filed a motion to dismiss the appeal Tuesday. In an interview Wednesday, Twomey called the attorney general's most recent action "frivolous" and "absurd," in large part because Horan died without leaving a representative to continue fighting for her case.
"You can't do it after the case is over in the Superior Court and you certainly can't do it after the opponent on the other side has passed away," he said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: N.H. Appeals Medical Marijuana Ruling To State Supreme Court
Author: Ella Nilsen
Photo Credit: None found
Website: Concord Monitor
