How Jason Beinor’s Case Applies To You
We would love if you could attend the One Love benefit. You may want to know about the person for whom the event is being organized. Jason Beinor is a MMJ patient that lives in Denver, he was fired from a job working for the Service Group Inc. as a street sweeper for failing a drug test. The issue at hand is whether or not patients utilizing medical marijuana in Colorado have a standard of rights they should be presumed to have which bestow upon them protections in regard to the medically prescribed use of marijuana.
To quote from the westword article on the subject, attorney Andrew Reid frames the argument, “If those rights don’t exist, there’s no argument. If they do, patients and caregivers have a broader argument to make.”
After being fired, Beinor filed unemployment, he was initially approved. His employer appealed the decision and the appeals panel ruled in the employer’s favor citing Article XVIII in the constitution for the State of Colorado. The article states that an employee who tests positive during work hours for controlled substances with no medical prescription do not qualify for benefits. The appeal board voted 2-1 against Beinor in the decision.
The root of this decision is the argument put forth from Attorney General John Suthers which states that there is no fundamental right to medical marijuana in Colorado. This contradicts the amendment to the state constitution, Amendment 20, which arguably grants those rights specifically and as such, the argument for Beinor’s denial would be invalid as would some other precedents set previously in the implementation of state legislation which regulates and limits dispensary conduct and also defines medical marijuana centers and caregivers specifically.
The problem in this case are the repercussions for the precedent that is set by Attorney General John Suthers, for if there is no fundamental right to medical marijuana, there are implications for the actions of every MMJ patient as criminals for growing or consuming marijuana to relieve side effects of sickness. The possible eventuality would be that there could possibly be prosecutions of MMJ patients for possession as their license has been invalidated by court precedent.
Advocates of medical cannabis, specifically Kathleen Chippi have been working to bring the case to the State Supreme court to challenge the presumption set by the Attorney General. Depending on the direction the case goes, it could have major ramifications on the ability for patients to use medical marijuana. A judgement overturning the decision by the Court of Appeals could have major implications on a wide spectrum of court decisions and laws in place. It could require cities to allow enough dispensaries for patients within the city to have reasonable access to medication.
On the topic of patients rights, this issue is incredibly important because as the precedent stands today, a terminally ill patient could lose their employment or possibly even disability payments because of the use of medical marijuana to treat their symptoms. State Attorneys have showed no indication they would pursue such cases, however they may have the standing to do so if the case against Beinor stands.
If these issues are important to you, please come to the benefit on Thursday, March 29th and help Beinor and his advocates in making an argument to the State Supreme Court in favor of patients right to prescribed medication.
Cited: Westword Article: CO Supreme Court asked to review Jason Beinor case about MMJ rights
EVENT: One Love at Hayters, a fundraiser for Amendment 20 MMJ Patient Rights Thurs. 3/29 @ 6:30PM
ACT4 Colorado and Cannabis Business Alliance Present:
ONE LOVE at Hayters
One Love is the collaboration of the MMJ industry, patients and people who understand that protecting the rights of one patient will help protect the constitutional rights of all patients. All are welcome at this kickoff event.
Proceeds benefit Jason Beinor’s legal defense fund.
DATE: Thurs. March 29, 2012
TIME: Doors Open at 6:30
MUSIC BY: Whiskey Tango, Buggsy Mogues & DJ Nikka T
PLACE: Hayters: 1920 Blake Street, Denver
SPONSORS: ACT4 Colorado, Cannabis Business Alliance, CARE, Hayters & Co, Westword, Kush, Craig Hoggatt Design, Whiskey Tango, Culture, The Hemp Connoisseur, Cannabis Health News Magazine, Joseph Starr Sound, Essential Extracts.