DOE 1 v. COLORADO DEPT. OF PUBLIC HEALTH

Supreme Court Case No. 18SC621

451 P.3d 851 (2019)

2019 CO 92

John DOE 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, John Doe 8, and John Doe 9, Petitioners, v. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT; Jill Hunsaker Ryan, in her official capacity as Executive Director of the Department of Public Health and Environment; Natalie Riggins, in her official capacity as State Registrar and Director of the Medical Marijuana Registry; and Colorado Medical Board, Respondents.

Supreme Court of Colorado.

November 12, 2019.


Attorney(s) appearing for the Case

Attorneys for Petitioners John Does 1-6 and 9: Hershey Decker , Drake C. Todd , Drake Carmen N. Decker , Kaylyn Peister , Lone Tree, Colorado.

Attorneys for Petitioners John Does 7 and 8: Corry & Associates, Robert J. Corry Jr. , Denver, Colorado

Attorneys for Respondents Colorado Department of Public Health and Environment, Jill Hunsaker Ryan, and Natalie Riggins: Philip J. Weiser , Attorney General, Eric R. Olson, Solicitor General, Jennifer L. Weaver , First Assistant Attorney General, Brian N. Morrow , Senior Assistant Attorney General, Corelle M. Spettigue , Senior Assistant Attorney General, Michael D. McMaster , Assistant Solicitor General, Denver, Colorado

Attorneys for Respondent Colorado Medical Board: Philip J. Weiser , Attorney General, Christopher P. Beall , Deputy Attorney General, Ashley E. Moller , Senior Assistant Attorney General, Sierra R. Ward , Senior Assistant Attorney General, Denver, Colorado

Attorneys for Amici Curiae Colorado Department of Labor and Employment, Colorado Department of Personnel and Administration, Colorado Department of Local Affairs, Colorado Department of Regulatory Agencies, Colorado Department of Health Care Policy and Financing, Colorado Department of Natural Resources, Colorado Department of Education, Colorado Department of Corrections, Colorado Department of Public Safety, Colorado Department of Agriculture, Colorado Department of Human Services, Colorado Department of the Treasury, Colorado Department of Revenue, Colorado Department of Military and Veterans Affairs, Colorado Department of Transportation, Colorado Department of Higher Education, and Colorado Department of State: Philip J. Weiser , Attorney General, David D. Powell, Jr. , Deputy Attorney General, Emmy A. Langley , Assistant Solicitor General, John August Lizza , First Assistant Attorney General, Evan P. Brennan , Assistant Attorney General, Natalie L. Powell , Senior Assistant Attorney General, W. Eric Kuhn , Senior Assistant Attorney General, Jake Matter , Assistant Attorney General, Julie Tolleson , First Assistant Attorney General, James Quinn , Senior Assistant Attorney General, Ingrid Barrier , Assistant Attorney General, Billy Seiber , First Assistant Attorney General, Jessica Perrill , Senior Assistant Attorney General, Grant T. Sullivan , Assistant Solicitor General, J. Alan Call , Senior Assistant Attorney General, Kathy Young , First Assistant Attorney General

Attorney for Amicus Curiae Colorado Municipal League: Laurel Witt , Denver, Colorado

En Banc


¶1 Consistent with Medical Marijuana Policy No. 2014-01 (the "Referral Policy"), which the Colorado Department of Public Health and Environment (the "CDPHE") had developed after receiving input from staff of the Colorado Medical Board (the "Board"), the CDPHE referred John Does 1-9 (the "Doctors...

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